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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5565 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5565

     To encourage States to report to the Attorney General certain 
  information regarding inmates who give birth in the custody of law 
             enforcement agencies, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 17 (legislative day, December 16), 2024

Mr. Ossoff (for himself and Mr. Kennedy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To encourage States to report to the Attorney General certain 
  information regarding inmates who give birth in the custody of law 
             enforcement agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Births in Custody Reporting Act of 
2024'' or the ``BCRA''.

SEC. 2. STATE INFORMATION REGARDING PREGNANT INDIVIDUALS AND 
              INDIVIDUALS WHO GIVE BIRTH IN THE CUSTODY OF LAW 
              ENFORCEMENT.

    (a) Definitions.--In this section, the terms ``boot camp prison'' 
and ``State'' have the meanings given those terms, respectively, in 
section 901(a) of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10251(a)).
    (b) Report.--For each fiscal year after the expiration of the 
period specified in subsection (e)(1) in which a State receives funds 
for a program referred to in subsection (e)(2), the State shall report 
to the Attorney General, on a quarterly basis and pursuant to 
guidelines established by the Attorney General, anonymized information 
from each custodial facility within the State's jurisdiction, regarding 
any inmate who is pregnant or who has given birth while the individual 
is detained or incarcerated at a municipal or county jail, State 
prison, State-run boot camp prison, boot camp prison that is contracted 
out by the State, any State or local contract facility, or other local 
or State correctional facility (including any juvenile facility).
    (c) Information Required.--The report required by subsection (b) 
shall contain information that, at a minimum, includes--
            (1) the total number of pregnant inmates in custody to date 
        in that calendar year;
            (2) the race and ethnicity of each pregnant inmate 
        described in paragraph (1);
            (3) the quarter of admission to custody for each pregnant 
        inmate described under paragraph (1);
            (4) whether each female inmate was administered a pregnancy 
        test not later than 1 week after admission to custody;
            (5) whether each pregnant inmate received a prenatal visit 
        with a qualified medical professional not later than 7 days 
        after facility personnel determined that the inmate was 
        pregnant;
            (6) the outcome of each inmate's pregnancy if the pregnancy 
        occurred while the inmate was in custody, including live birth, 
        stillbirth, miscarriage, ectopic pregnancy, maternal death, 
        neonatal death, and preterm birth;
            (7) the quarter when the pregnant inmate was released from 
        custody or of the pregnancy outcome described in paragraph (6), 
        whichever occurs first;
            (8) whether each outcome under paragraph (6) took place at 
        the custodial facility or at an off-site location, and if at an 
        off-site location, which off-site location;
            (9) the number of times that restraints were used on each 
        pregnant inmate, the type of restraint used, and the 
        justification for use of restraints, and including the 
        following information--
                    (A) whether restraints were used during pregnancy, 
                during labor, or during delivery;
                    (B) whether restraints were used while the pregnant 
                inmate was in transit between the custodial facility 
                and medical appointments, a hospital, or court 
                proceedings; and
                    (C) whether restraints were used on the pregnant 
                inmate's ankles, wrists, or abdomen;
            (10) the number of pregnant inmates who were still in 
        custody postpartum, defined as at least 12 weeks after 
        delivery, and information about each of those inmates, 
        including--
                    (A) whether each inmate, as described in this 
                paragraph, received a screening for postpartum 
                depression with a qualified medical provider; and
                    (B) whether each inmate, as described in this 
                paragraph, received a postpartum medical appointment 
                with a qualified medical provider within two weeks of 
                delivery; and
            (11) the total number of inmates described in paragraphs 
        (1) and (10) who were placed in restrictive housing while 
        pregnant or postpartum, the reason for such placement, and the 
        amount of time spent in restrictive housing.
    (d) Personally Identifiable Information.--Data collected under 
subsection (c) may not contain any personally identifiable information 
of any incarcerated pregnant or postpartum inmate.
    (e) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 
        120 days from the date of enactment of this Act to comply with 
        subsection (b), except that the Attorney General may grant an 
        additional 120 days to a State that is making good faith 
        efforts to comply with such subsection; and
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to comply with subsection (b), shall, at the 
        discretion of the Attorney General, be subject to not more than 
        a 10-percent reduction of the funds that would otherwise be 
        allocated for that fiscal year to the State under subpart 1 of 
        part E of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (34 U.S.C. 10151 et seq.).
    (f) Reallocation.--Amounts not allocated under the program referred 
to in subsection (e)(2) to a State for failure to fully comply with 
subsection (b) shall be reallocated under that program to States that 
have not failed to comply with such subsection.
    (g) Publication of Reports by Attorney General.--The Attorney 
General shall make available to the public each report submitted under 
subsection (b).
    (h) Study Required.--The Attorney General shall carry out a study 
on the information reported under subsection (c) to--
            (1) determine means by which such information can be used 
        to improve the treatment of inmates who are pregnant or who 
        have given birth at the jails, prisons, and other specified 
        facilities covered in the reports; and
            (2) examine--
                    (A) the relationship, if any, between stillbirths, 
                miscarriages, maternal deaths, neonatal deaths, and 
                preterm births that occur while inmates are in custody; 
                and
                    (B) the actions of management of such jails, 
                prisons, and other specified facilities.
    (i) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Attorney General shall prepare and submit to 
Congress a report that contains the findings of the study required by 
subsection (h).
                                 <all>
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