Pathway to Parenting Act of 2018

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 Pathway to Parenting Act of 2018 2. Treatment of primary caretaker parents and other individuals in Federal prisons (a) In general Chapter 303 4050. Treatment of primary caretaker parents and other individuals (a) Definitions In this section— (1) the term correctional officer (2) the term Director (3) the term primary caretaker parent 42 U.S.C. 13882 (4) the term prisoner (b) Geographic placement (1) Establishment of office The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners. (2) Placement of prisoners In determining the placement of a prisoner, the office established under paragraph (1) shall— (A) if the prisoner has children, place the prisoner as close to the children as possible; and (B) consider any other factor that the office determines appropriate. (c) 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 Federal penal or correctional institution shall be open for visitation for not fewer than 8 hours per day; (3) a prisoner may have up to 3 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. (d) Placement in segregated housing units; prohibition on shackling (1) Placement in segregated housing units (A) In general A Federal penal or correctional institution may not place a prisoner who is pregnant or in the first 8 weeks of postpartum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to others or herself. (B) Restrictions Any placement of a prisoner described in subparagraph (A) in a segregated housing unit shall be limited and temporary. (2) Prohibition on shackling A Federal penal or correctional institution may not use instruments of restraint, including handcuffs, chains, irons, straitjackets, or similar items, on a prisoner who is pregnant. (e) Parenting classes The Director shall provide parenting classes to each prisoner who is a primary caretaker parent. (f) Trauma-Informed care (1) In general The Director shall provide trauma-informed care to each prisoner who is diagnosed with trauma. (2) Identification and referral The Director shall provide training to each correctional officer and each other employee of the Bureau of Prisons who regularly interacts with prisoners, including health care professionals and instructors, to enable the employees to identify prisoners with trauma and refer those prisoners to the proper health care professional for treatment. (g) Mentoring by former prisoners The Director shall promulgate regulations under which an individual who was formerly incarcerated in a Federal penal or correctional institution may access such an institution to— (1) act as a mentor for prisoners; and (2) assist prisoners in reentry. (h) Ombudsman The Attorney General shall designate an ombudsman to oversee and monitor, with respect to Federal penal and correctional institutions— (1) prisoner transportation; (2) use of segregated housing; (3) strip searches of prisoners; and (4) civil rights violations. (i) Telecommunications (1) In general The Director— (A) may not charge a fee for a telephone call made by a prisoner to their child; and (B) shall make videoconferencing available to prisoners in each Federal penal or correctional institution, which shall be free of charge in the case of videoconference between a prisoner and the prisoner’s child. (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. (j) Gynecologist access The Director shall ensure that female prisoners have access to a gynecologist. (k) Use of sex-Appropriate correctional officers (1) Regulations The Director shall promulgate regulations 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 herself or himself or others; and (ii) no other correctional officer of the same sex as the prisoner is available to assist; and (B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— (i) (I) a prisoner in the restroom presents a risk of immediate harm to herself or himself or others; or (II) there is a medical emergency in the restroom; and (ii) no other correctional officer of the appropriate sex is available to assist. (2) Relation to other laws Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 . (b) Substance abuse treatment Section 3621(e) of title 18, United States Code, is amended by adding at the end the following: (7) Eligibility of primary caretaker parents and pregnant women The Bureau of Prisons may not prohibit a prisoner who is a primary caretaker parent (as defined in section 4050) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) based on the failure of the individual, before being committed to the custody of the Bureau, to disclose to any official that the individual had a substance abuse problem. . (c) Technical and conforming amendment The table of sections for chapter 303 4050. Treatment of primary caretaker parents and other individuals. . 3. Overnight visit pilot program (a) Definitions In this section— (1) the term Director (2) the term primary caretaker parent 42 U.S.C. 13882 (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). 4. Prenatal pilot program (a) Authorization The Director of the Bureau of Prisons shall carry out a pilot program in which provides prenatal care to groups of not more than 12 pregnant female prisoners (as such term is defined in section 3) in accordance with this section. (b) Meeting The groups of prisoners described in subsection (a) shall meet not less than 10 times during pregnancy and the early postpartum period. Each such meeting shall be for a period of not less than 90 minutes and not more than 120 minutes, and shall be led by a facilitator appointed by the Director, who shall facilitate discussions among the participants, and provide the services described in subsection (c). (c) Comprehensive approach to prenatal care The pilot program under this section shall integrate health, physical assessment, education, childcare skills, and other appropriate support. (d) Facilitator requirements Each facilitator appointed by the Director under subsection (b) shall have experience providing a comprehensive approach to prenatal care in a group setting, and shall be a physician or nurse practitioner licensed or certified to provide services in the field of obstetrics and gynecology. 5. Authorization of appropriations There is authorized to be appropriated to carry out sections 3 and 4, and, in addition to amounts otherwise made available, section 4050 of title 18, United States Code, $10,000,000 for each of fiscal years 2019 through 2023.

Summary: Pathway to Parenting Act of 2018 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, and provide trauma-informed care to prisoners diagnosed with trauma. 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. 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. Finally, it establishes a pilot program to provide prenatal care to female prisoners.