Dignity Act

To improve the treatment of Federal prisoners who are primary caretaker parents, and for other purposes. 1. Short title This Act may be cited as the Dignity Act 2. Improving the treatment of primary caretaker parents and other individuals in Federal prisons Section 4051 of title 18, United States Code, is amended by adding at the end the following: (i) Visitation rules The Director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which— (1) a prisoner may receive visits not fewer than 6 days per week, which shall include Saturday and Sunday; (2) a covered institution shall be open for visitation for not fewer than 8 hours per day; (3) a prisoner may have up to 5 adult visitors and an unlimited number of child visitors per visit; and (4) a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors. (j) Ombudsman The Attorney General shall designate an ombudsman to oversee and monitor, with respect to covered institutions— (1) prisoner transportation; (2) use of segregated housing; (3) strip searches of prisoners; and (4) civil rights violations. (k) Telecommunications (1) In general The Director— (A) may not charge a fee for a telephone call made by a prisoner; and (B) shall make videoconferencing available to prisoners in each covered institution free of charge. (2) Rule of construction Nothing in paragraph (1)(B) shall be construed to authorize the Director to use videoconferencing as a substitute for in-person visits. (l) Use of sex-Appropriate correctional officers (1) Regulations The Director shall make rules under which— (A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless— (i) the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff, is available to assist; or (ii) the prisoner has previously requested that an officer of a different sex conduct searches; (B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— (i) a prisoner in the restroom presents a risk of immediate harm to the prisoner or others; or (ii) there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist; (C) a transgender prisoner’s sex shall be determined according to the sex with which the prisoner identifies; and (D) a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex. (2) Relation to other laws Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. . 3. Overnight visit pilot program (a) Definitions In this section— (1) the term Director (2) the term primary caretaker parent 34 U.S.C. 12242 (3) the term prisoner (b) Pilot program The Director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the Director may receive overnight visits from family members. (c) Eligibility criteria In establishing eligibility criteria for the pilot program under subsection (b), the Director shall— (1) require that a prisoner have displayed good behavior; and (2) prohibit participation by any prisoner who has been convicted of a crime of violence (as defined in section 16 of title 18, United States Code).

Summary: Dignity for Incarcerated Women Act of 2017 or the Dignity Act This bill amends the federal criminal code to establish requirements for the treatment of prisoners. It directs the Bureau of Prisons (BOP) to place prisoners as close to their children as possible, provide videoconferencing free of charge, provide trauma-informed care to prisoners diagnosed with trauma, and make specified health products (e.g., tampons) available free of charge. Additionally, with respect to prisoners who are primary caretaker parents, the BOP must provide parenting classes, allow visitation from family members, and establish a pilot program to allow overnight visits from family members. Finally, the bill allows a prisoner who is pregnant or a primary caretaker parent to participate in a residential substance abuse treatment program, even if the individual failed to disclose a substance abuse problem.