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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 341 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 341

   To provide justice for incarcerated moms, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2021

  Mr. Booker (for himself, Mr. Durbin, and Ms. Hirono) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To provide justice for incarcerated moms, 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 ``Justice for Incarcerated Moms Act''.

SEC. 2. ENDING THE SHACKLING OF PREGNANT INDIVIDUALS.

    (a) In General.--Beginning on the date that is 6 months after the 
date of enactment of this Act, and annually thereafter, in each State 
that receives a grant 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.) (commonly referred to as the ``Edward Byrne Memorial Justice 
Grant Program'') and that does not have in effect throughout the State 
for such fiscal year laws restricting the use of restraints on pregnant 
individuals in prison that are substantially similar to the rights, 
procedures, requirements, effects, and penalties set forth in section 
4322 of title 18, United States Code, the amount of such grant that 
would otherwise be allocated to such State under such subpart for the 
fiscal year shall be decreased by 25 percent.
    (b) Reallocation.--Amounts not allocated to a State for failure to 
comply with subsection (a) shall be reallocated in accordance with 
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.) to States that have 
complied with such subsection.

SEC. 3. CREATING MODEL PROGRAMS FOR THE CARE OF INCARCERATED 
              INDIVIDUALS IN THE PRENATAL AND POSTPARTUM PERIODS.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director of the Bureau of Prisons, shall establish, in not 
        fewer than 6 Bureau of Prisons facilities, programs to optimize 
        maternal health outcomes for pregnant and postpartum 
        individuals incarcerated in such facilities.
            (2) Required consultation.--The Attorney General shall 
        establish the programs authorized under paragraph (1) in 
        consultation with stakeholders such as--
                    (A) relevant community-based organizations, 
                particularly organizations that represent incarcerated 
                and formerly incarcerated individuals and organizations 
                that seek to improve maternal health outcomes for 
                pregnant and postpartum individuals from racial and 
                ethnic minority groups;
                    (B) relevant organizations representing patients, 
                with a particular focus on patients from racial and 
                ethnic minority groups;
                    (C) organizations representing maternity care 
                providers and maternal health care education programs;
                    (D) perinatal health workers; and
                    (E) researchers and policy experts in fields 
                related to maternal health care for incarcerated 
                individuals.
    (b) Start Date.--Each facility selected under subsection (a) shall 
begin facility programs not later than 18 months after the date of 
enactment of this Act.
    (c) Facility Priority.--In carrying out subsection (a), the 
Director shall give priority to a facility based on--
            (1) the number of pregnant and postpartum individuals 
        incarcerated in such facility and, among such individuals, the 
        number of pregnant and postpartum individuals from racial and 
        ethnic minority groups; and
            (2) the extent to which the leaders of such facility have 
        demonstrated a commitment to developing exemplary programs for 
        pregnant and postpartum individuals incarcerated in such 
        facility.
    (d) Program Duration.--The programs established under this section 
shall be for a 5-year period.
    (e) Programs.--Bureau of Prisons facilities selected by the 
Director shall establish programs for pregnant and postpartum 
incarcerated individuals, and such programs--
            (1) may--
                    (A) provide access to perinatal health workers from 
                pregnancy through the postpartum period;
                    (B) provide access to healthy foods and counseling 
                on nutrition, recommended activity levels, and safety 
                measures throughout pregnancy;
                    (C) train correctional officers to ensure that 
                pregnant incarcerated individuals receive safe and 
                respectful treatment;
                    (D) train medical personnel to ensure that pregnant 
                incarcerated individuals receive trauma-informed, 
                culturally congruent care that promotes the health and 
                safety of the pregnant individuals;
                    (E) provide counseling and treatment for 
                individuals who have suffered from--
                            (i) diagnosed mental or behavioral health 
                        conditions, including trauma and substance use 
                        disorders;
                            (ii) trauma or violence, including domestic 
                        violence;
                            (iii) human immunodeficiency virus;
                            (iv) sexual abuse;
                            (v) pregnancy or infant loss; or
                            (vi) chronic conditions;
                    (F) provide evidence-based pregnancy and childbirth 
                education, parenting support, and other relevant forms 
                of health literacy;
                    (G) provide clinical education opportunities to 
                maternity care providers in training to expand pathways 
                into maternal health care careers serving incarcerated 
                individuals;
                    (H) offer opportunities for postpartum individuals 
                to maintain contact with the individual's newborn child 
                to promote bonding, including enhanced visitation 
                policies, access to prison nursery programs, or 
                breastfeeding support;
                    (I) provide reentry assistance, particularly to--
                            (i) ensure access to health insurance 
                        coverage and transfer of health records to 
                        community providers if an incarcerated 
                        individual exits the criminal justice system 
                        during such individual's pregnancy or in the 
                        postpartum period; and
                            (ii) connect individuals exiting the 
                        criminal justice system during pregnancy or in 
                        the postpartum period to community-based 
                        resources, such as referrals to health care 
                        providers, substance use disorder treatments, 
                        and social services that address social 
                        determinants maternal of health; or
                    (J) establish partnerships with local public 
                entities, private community entities, community-based 
                organizations, Indian Tribes and tribal organizations 
                (as such terms are defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304)), and urban Indian organizations (as such 
                term is defined in section 4 of the Indian Health Care 
                Improvement Act (25 U.S.C. 1603)) to establish or 
                expand pretrial diversion programs as an alternative to 
                incarceration for pregnant and postpartum individuals; 
                and
            (2) may include--
                    (A) evidence-based childbirth education or 
                parenting classes;
                    (B) prenatal health coordination;
                    (C) family and individual counseling;
                    (D) evidence-based screenings, education, and, as 
                needed, treatment for mental and behavioral health 
                conditions, including drug and alcohol treatments;
                    (E) family case management services;
                    (F) domestic violence education and prevention;
                    (G) physical and sexual abuse counseling; and
                    (H) programs to address social determinants of 
                health such as employment, housing, education, 
                transportation, and nutrition.
    (f) Implementation and Reporting.--A selected facility shall be 
responsible for--
            (1) implementing programs, which may include the programs 
        described in subsection (e); and
            (2) not later than 3 years after the date of enactment of 
        this Act, and 6 years after the date of enactment of this Act, 
        reporting results of the programs to the Director, including 
        information describing--
                    (A) relevant quantitative indicators of success in 
                improving the standard of care and health outcomes for 
                pregnant and postpartum incarcerated individuals in the 
                facility, including data stratified by race, ethnicity, 
                sex, gender, age, geography, disability status, the 
                category of the criminal charge against such 
                individual, rates of pregnancy-related deaths, 
                pregnancy-associated deaths, cases of infant mortality 
                and morbidity, rates of preterm births and low-
                birthweight births, cases of severe maternal morbidity, 
                cases of violence against pregnant or postpartum 
                individuals, diagnoses of maternal mental or behavioral 
                health conditions, and other such information as 
                appropriate;
                    (B) relevant qualitative and quantitative 
                evaluations from pregnant and postpartum incarcerated 
                individuals who participated in such programs, 
                including measures of patient-reported experience of 
                care; and
                    (C) strategies to sustain such programs after 
                fiscal year 2026 and expand such programs to other 
                facilities.
    (g) Report.--Not later than 6 years after the date of enactment of 
this Act, the Director shall submit to the Attorney General and to the 
Congress a report describing the results of the programs funded under 
this section.
    (h) Oversight.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall award a contract to an 
independent organization or independent organizations to conduct 
oversight of the programs described in subsection (e).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 4. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH OUTCOMES FOR 
              INDIVIDUALS IN STATE AND LOCAL PRISONS AND JAILS.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director of the Bureau of Justice Assistance, shall award 
        Justice for Incarcerated Moms grants to States to establish or 
        expand programs in State and local prisons and jails for 
        pregnant and postpartum incarcerated individuals.
            (2) Required consultation.--The Attorney General shall 
        award the grants authorized under paragraph (1) in consultation 
        with stakeholders such as--
                    (A) relevant community-based organizations, 
                particularly organizations that represent incarcerated 
                and formerly incarcerated individuals and organizations 
                that seek to improve maternal health outcomes for 
                pregnant and postpartum individuals from racial and 
                ethnic minority groups;
                    (B) relevant organizations representing patients, 
                with a particular focus on patients from racial and 
                ethnic minority groups;
                    (C) organizations representing maternity care 
                providers and maternal health care education programs;
                    (D) perinatal health workers; and
                    (E) researchers and policy experts in fields 
                related to maternal health care for incarcerated 
                individuals.
    (b) Applications.--Each applicant for a grant under this section 
shall submit to the Director of the Bureau of Justice Assistance an 
application at such time, in such manner, and containing such 
information as the Director may require.
    (c) Use of Funds.--A State that is awarded a grant under this 
section shall use such grant to establish or expand programs for 
pregnant and postpartum incarcerated individuals, and such programs--
            (1) may--
                    (A) provide access to perinatal health workers from 
                pregnancy through the postpartum period;
                    (B) provide access to healthy foods and counseling 
                on nutrition, recommended activity levels, and safety 
                measures throughout pregnancy;
                    (C) train correctional officers to ensure that 
                pregnant incarcerated individuals receive safe and 
                respectful treatment;
                    (D) train medical personnel to ensure that pregnant 
                incarcerated individuals receive trauma-informed, 
                culturally congruent care that promotes the health and 
                safety of the pregnant individuals;
                    (E) provide counseling and treatment for 
                individuals who have suffered from--
                            (i) diagnosed mental or behavioral health 
                        conditions, including trauma and substance use 
                        disorders;
                            (ii) trauma or violence, including domestic 
                        violence;
                            (iii) human immunodeficiency virus;
                            (iv) sexual abuse;
                            (v) pregnancy or infant loss; or
                            (vi) chronic conditions;
                    (F) provide evidence-based pregnancy and childbirth 
                education, parenting support, and other relevant forms 
                of health literacy;
                    (G) provide clinical education opportunities to 
                maternity care providers in training to expand pathways 
                into maternal health care careers serving incarcerated 
                individuals;
                    (H) offer opportunities for postpartum individuals 
                to maintain contact with the individual's newborn child 
                to promote bonding, including enhanced visitation 
                policies, access to prison nursery programs, or 
                breastfeeding support;
                    (I) provide reentry assistance, particularly to--
                            (i) ensure access to health insurance 
                        coverage and transfer of health records to 
                        community providers if an incarcerated 
                        individual exits the criminal justice system 
                        during such individual's pregnancy or in the 
                        postpartum period; and
                            (ii) connect individuals exiting the 
                        criminal justice system during pregnancy or in 
                        the postpartum period to community-based 
                        resources, such as referrals to health care 
                        providers, substance use disorder treatments, 
                        and social services that address social 
                        determinants of maternal health; or
                    (J) establish partnerships with local public 
                entities, private community entities, community-based 
                organizations, Indian Tribes and tribal organizations 
                (as such terms are defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304)), and urban Indian organizations (as such 
                term is defined in section 4 of the Indian Health Care 
                Improvement Act (25 U.S.C. 1603)) to establish or 
                expand pretrial diversion programs as an alternative to 
                incarceration for pregnant and postpartum individuals; 
                and
            (2) may include--
                    (A) evidence-based childbirth education or 
                parenting classes;
                    (B) prenatal health coordination;
                    (C) family and individual counseling;
                    (D) evidence-based screenings, education, and, as 
                needed, treatment for mental and behavioral health 
                conditions, including drug and alcohol treatments;
                    (E) family case management services;
                    (F) domestic violence education and prevention;
                    (G) physical and sexual abuse counseling; and
                    (H) programs to address social determinants of 
                health such as employment, housing, education, 
                transportation, and nutrition.
    (d) Priority.--In awarding grants under this section, the Director 
of the Bureau of Justice Assistance shall give priority to applicants 
based on--
            (1) the number of pregnant and postpartum individuals 
        incarcerated in the State and, among such individuals, the 
        number of pregnant and postpartum individuals from racial and 
        ethnic minority groups; and
            (2) the extent to which the State has demonstrated a 
        commitment to developing exemplary programs for pregnant and 
        postpartum individuals incarcerated in the prisons and jails in 
        the State.
    (e) Grant Duration.--A grant awarded under this section shall be 
for a 5-year period.
    (f) Implementing and Reporting.--A State that receives a grant 
under this section shall be responsible for--
            (1) implementing the program funded by the grant; and
            (2) not later than 3 years after the date of enactment of 
        this Act, and 6 years after the date of enactment of this Act, 
        reporting results of such program to the Attorney General, 
        including information describing--
                    (A) relevant quantitative indicators of the 
                program's success in improving the standard of care and 
                health outcomes for pregnant and postpartum 
                incarcerated individuals in the facility, including 
                data stratified by race, ethnicity, sex, gender, age, 
                geography, disability status, category of the criminal 
                charge against such individual, incidence rates of 
                pregnancy-related deaths, pregnancy-associated deaths, 
                cases of infant mortality and morbidity, rates of 
                preterm births and low-birthweight births, cases of 
                severe maternal morbidity, cases of violence against 
                pregnant or postpartum individuals, diagnoses of 
                maternal mental or behavioral health conditions, and 
                other such information as appropriate;
                    (B) relevant qualitative and quantitative 
                evaluations from pregnant and postpartum incarcerated 
                individuals who participated in such programs, 
                including measures of patient-reported experience of 
                care; and
                    (C) strategies to sustain such programs beyond the 
                duration of the grant and expand such programs to other 
                facilities.
    (g) Report.--Not later than 6 years after the date of enactment of 
this Act, the Attorney General shall submit to the Congress a report 
describing the results of such grant programs.
    (h) Oversight.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall award a contract to an 
independent organization or independent organizations to conduct 
oversight of the programs described in subsection (c).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 5. GAO REPORT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on adverse maternal and infant health outcomes 
among incarcerated individuals and infants born to such individuals, 
with a particular focus on racial and ethnic disparities in maternal 
and infant health outcomes for incarcerated individuals.
    (b) Contents of Report.--The report described in this section shall 
include--
            (1) to the extent practicable--
                    (A) the number of pregnant individuals who are 
                incarcerated in Bureau of Prisons facilities;
                    (B) the number of incarcerated individuals, 
                including those incarcerated in Federal, State, and 
                local correctional facilities, who have experienced a 
                pregnancy-related death, pregnancy-associated death, or 
                the death of an infant in the most recent 10 years of 
                available data;
                    (C) the number of cases of severe maternal 
                morbidity among incarcerated individuals, including 
                those incarcerated in Federal, State, and local 
                detention facilities, in the most recent 10 years of 
                available data;
                    (D) the number of preterm and low-birthweight 
                births of infants born to incarcerated individuals, 
                including those incarcerated in Federal, State, and 
                local correctional facilities, in the most recent 10 
                years of available data; and
                    (E) statistics on the racial and ethnic disparities 
                in maternal and infant health outcomes and severe 
                maternal morbidity rates among incarcerated 
                individuals, including those incarcerated in Federal, 
                State, and local detention facilities;
            (2) in the case that the Comptroller General of the United 
        States is unable determine the information required in 
        subparagraphs (A) through (C) of paragraph (1), an assessment 
        of the barriers to determining such information and 
        recommendations for improvements in tracking maternal health 
        outcomes among incarcerated individuals, including those 
        incarcerated in Federal, State, and local detention facilities;
            (3) causes of adverse maternal health outcomes that are 
        unique to incarcerated individuals, including those 
        incarcerated in Federal, State, and local detention facilities;
            (4) causes of adverse maternal health outcomes and severe 
        maternal morbidity that are unique to incarcerated individuals 
        from racial and ethnic minority groups;
            (5) recommendations to reduce maternal mortality and severe 
        maternal morbidity among incarcerated individuals and to 
        address racial and ethnic disparities in maternal health 
        outcomes for incarcerated individuals in Bureau of Prisons 
        facilities and State and local prisons and jails; and
            (6) such other information as may be appropriate to reduce 
        the occurrence of adverse maternal health outcomes among 
        incarcerated individuals and to address racial and ethnic 
        disparities in maternal health outcomes for such individuals.

SEC. 6. MACPAC REPORT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Medicaid and CHIP Payment and Access Commission 
(referred to in this section as ``MACPAC'') shall publish a report on 
the implications of pregnant and postpartum incarcerated individuals 
being ineligible for medical assistance under a State plan under title 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that contains 
the information described in subsection (b).
    (b) Information Described.--The information described in this 
subsection includes--
            (1) information on the effect of ineligibility for medical 
        assistance under a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) on maternal health 
        outcomes for pregnant and postpartum incarcerated individuals, 
        concentrating on the effects of such ineligibility for pregnant 
        and postpartum individuals from racial and ethnic minority 
        groups; and
            (2) the potential implications on maternal health outcomes 
        resulting from suspending eligibility for medical assistance 
        under a State plan under such title when a pregnant or 
        postpartum individual is incarcerated.
                                 <all>
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