I 
117TH CONGRESS 
2D SESSION 
H. R. 7394 
To provide for improvements in the treatment of women in the criminal 
justice system. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2022 
Ms. BASS (for herself, Ms. MACE, and Ms. SPEIER) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Ways and Means, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To provide for improvements in the treatment of women 
in the criminal justice system. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Women in Criminal Justice Reform Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—GENDER-INFORMED ARREST AND LAW ENFORCEMENT 
PRACTICES 
Sec. 101. Protection of children at arrest. 
Sec. 102. Grant program for gender-informed training of local law enforcement 
officers. 
TITLE II—FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND 
PROTECT CHILDREN 
Sec. 201. Parent-focused bail reform. 
Sec. 202. Temporary release from imprisonment to maintain community ties. 
TITLE III—GENDER-INFORMED ALTERNATIVES TO 
INCARCERATION 
Sec. 301. Federal pretrial diversion. 
TITLE IV—CONSPIRACY REFORM ACT—FIXING THE ‘‘GIRLFRIEND 
PROBLEM’’ 
Sec. 401. Focusing penalties for drug conspiracy. 
Sec. 402. Increasing judicial discretion to sentence less culpable justice-involved 
individuals. 
Sec. 403. Clarifying culpability at sentencing. 
TITLE V—GENDER-RESPONSIVE AND TRAUMA-INFORMED 
IMPOSITION OF A SENTENCE 
Sec. 501. Gender and trauma-informed sentencing. 
TITLE VI—GENDER-RESPONSIVE PRISON REFORM 
Sec. 601. Health care needs of incarcerated women in the Bureau of Prisons. 
Sec. 602. Trauma-informed care. 
Sec. 603. Trauma-informed and gender-responsive training and staffing. 
Sec. 604. Improving the Bureau of Prisons Resolve Trauma Therapy Program. 
Sec. 605. Gender-responsive programs in the Bureau of Prisons. 
Sec. 606. Gender-responsive prison conditions. 
Sec. 607. Gender-specific posts. 
Sec. 608. Female incarcerated person nutritional standards. 
Sec. 609. Gender-responsive discipline policies. 
Sec. 610. Expanding access to the Mothers and Infants Nurturing Together 
Program and the Residential Parenting Program. 
Sec. 611. Report on failure to comply with the 500 mile rule. 
Sec. 612. Authorization of appropriations. 
TITLE VII—GENDER-INFORMED REENTRY REFORM 
Sec. 701. Focus on women at residential reentry centers and in community con-
finement. 
Sec. 702. Focusing supervision on the rehabilitation of women. 
Sec. 703. Gender-responsive modification of supervised release restrictions. 
TITLE VIII—DEFINITIONS 
Sec. 801. Definitions. 
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TITLE 
I—GENDER-INFORMED 
ARREST AND LAW ENFORCE-
MENT PRACTICES 
SEC. 101. PROTECTION OF CHILDREN AT ARREST. 
(a) IN GENERAL.—Chapter 203 of title 18, United 
States Code, is amended by adding the following new sec-
tion at the end: 
‘‘§ 3065. Arrest by Federal law enforcement 
‘‘A law enforcement officer who is authorized to make 
arrests under any Federal law shall permit any person who 
is arrested and is the custodial parent or guardian of a 
minor or dependent child the opportunity to make ar-
rangements for such child at the time of arrest, including 
by permitting access to a telephone and appropriate phone 
numbers for the purposes of securing care for the child, 
and shall not refer the child to a child welfare agency, 
unless the custodial parent or guardian of the minor can-
not make arrangements for the child at the time of arrest 
or to secure care for the child, or unless the arresting offi-
cer has reasonable cause to suspect the child is experi-
encing abuse or neglect. A drug related charge on its own 
does not constitute sufficient cause to suspect abuse or 
neglect.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of chapter 203 of title 18, United States Code, is 
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amended by adding at the end the following: ‘‘3065. Ar-
rest by Federal law enforcement’’. 
SEC. 
102. 
GRANT 
PROGRAM 
FOR 
GENDER-INFORMED 
TRAINING OF LOCAL LAW ENFORCEMENT OF-
FICERS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.), is amended 
by adding at the end the following: 
‘‘PART PP—GRANTS FOR GENDER-RESPONSIVE 
TRAINING 
‘‘SEC. 3051. IN GENERAL. 
‘‘The Attorney General may make a grant to a State 
each fiscal year for purposes of carrying out the require-
ments of section 3052. The term of such grant shall be 
1 year. 
‘‘SEC. 3052. TRAINING ON GENDER-INFORMED LAW EN-
FORCEMENT PRACTICES. 
‘‘(a) TRAINING CURRICULA.—Not later than 180 
days after the effective date of this section, the Attorney 
General shall develop and identify training curricula under 
this paragraph in consultation with relevant law enforce-
ment agencies of States and units of local government, as-
sociations that advocate on issues which disproportionately 
impact women, medical professionals, professional law en-
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rest of parents, including the identification and 
appropriate responses to a child, present or not 
present, whose parent is arrested in order to 
help minimize potential trauma and support a 
child’s physical safety and well-being following 
an arrest; 
‘‘(B) training on a proactive, victim-cen-
tered approach to be used when responding to 
domestic violence that utilizes best-practices 
aimed at reducing risk of imminent or future 
violence, and strongly discourages dual arrests; 
‘‘(C) evidence-based training on proper in-
terrogation techniques for individuals with a 
history of trauma such as intimate partner vio-
lence or sexual assault as well as information 
on false confessions; 
‘‘(D) evidence-based training on how the 
interaction of race, class, disability, and gender 
may influence police response as well as behav-
ior of an individual towards law enforcement of-
ficers; and 
‘‘(E) evidence-based training on the spe-
cific needs and appropriate policies and proto-
cols for pregnant persons who have contact with 
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law enforcement through traffic stops, street 
stops, searches, arrests, or any other contact. 
‘‘(3) No later than 2 years after receipt of a 
grant under this section, a State shall certify to the 
Attorney General of the United States that such 
training sessions have been completed. 
‘‘(c) COMPLIANCE AND INELIGIBILITY.— 
‘‘(1) COMPLIANCE DATE.—The period specified 
under this paragraph is the period beginning 120 
days after the date of enactment of this part, to 
comply with subsection (a), except that— 
‘‘(A) the Attorney General may grant an 
additional 120 days to a State that is making 
good faith efforts to comply with such sub-
section; and 
‘‘(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance by 
a State would be unconstitutional under the 
constitution of such State. 
‘‘(2) INELIGIBILITY.—A State that is not in 
compliance with the requirements of subsection (a) 
during a fiscal year is not eligible to apply for a 
grant under this part during the next fiscal year. 
‘‘SEC. 3053. USE OF FUNDS. 
‘‘A grantee may use the grant to— 
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‘‘(1) pay for costs associated with carrying out 
section 3052(b), including attendance by law en-
forcement officers or professionals at an approved 
training course, including a course provided by a law 
enforcement training academy of a State or unit of 
local government; 
‘‘(2) procure training continuing education on 1 
or more of the topics described in section 3052(b) 
from a certified entity; 
‘‘(3) in the case of a law enforcement agency of 
a unit of local government that employs fewer than 
50 law enforcement officers (determined on a full- 
time equivalent basis), pay for the costs of overtime 
accrued as a result of the attendance of a law en-
forcement officer or covered professional at an ap-
proved training course for which the costs associated 
with conducting the approved training course are 
paid using amounts provided under this section; and 
‘‘(4) pay for the costs of developing mechanisms 
to comply with the certification requirement estab-
lished under section 3052(b)(3), in an amount not to 
exceed 5 percent of the total amount of the grant 
award. 
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‘‘SEC. 3054. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this part $20,000,000 for each of fiscal years 2022 
through 2026.’’. 
SEC. 103. REPRESENTATION IN LAW ENFORCEMENT GRANT 
PROGRAM. 
(a) ESTABLISHMENT.—There is established a grant 
program to improve recruitment and retention of women 
law enforcement officers. 
(b) AUTHORITY.—Not later than 60 days after the 
date of enactment of this Act, the Director of the Office 
of Community Oriented Policing Services of the Depart-
ment of Justice shall make a grant to a law enforcement 
agency or department eligible for a grant under part Q 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968. 
(c) ELIGIBLE ACTIVITIES.—Amounts from a grant 
made under this section may be used only for the fol-
lowing: 
(1) Establishing working groups, committees, or 
advisory boards to review current hiring practices to 
include— 
(A) recruitment procedures; 
(B) advertised job descriptions; 
(C) images used on recruitment materials; 
(D) the process of reviewing applications; 
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(E) required tests; and 
(F) the procedures and individuals or 
groups selected to interview candidates. 
(2) Producing and distributing recruitment ma-
terials with inclusive racial and gender representa-
tion as well as language focused on a variety of im-
portant skills and/or qualifications for law enforce-
ment officers. 
(3) Outreach to groups or locations with pre-
dominantly women in attendance. 
(4) Providing on-site child care at law enforce-
ment academies. 
(5) Improving parental and family leave poli-
cies. 
(6) Establishing mentoring programs. 
(7) Training recruiters and academy staff on 
the importance of a diverse workforce, implicit bias, 
and equal employment opportunity matters. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $5,000,000 for each of fis-
cal years 2022 through 2026. 
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TITLE 
II—FAMILY 
REUNIFICA-
TION TO REDUCE RECIDIVISM 
AND PROTECT CHILDREN 
SEC. 201. PARENT-FOCUSED BAIL REFORM. 
Section 3142(g)(3)(A) of title 18, United States 
Code, is amended by inserting ‘‘minor or dependent chil-
dren and whether detention would negatively impact a 
child, including through potential loss of custody,’’ after 
‘‘family ties,’’. 
SEC. 202. TEMPORARY RELEASE FROM IMPRISONMENT TO 
MAINTAIN COMMUNITY TIES. 
Title 18, United States Code, is amended by striking 
section 3622 and inserting: 
‘‘§ 3622. Temporary release 
‘‘(a) GENERALLY.—The Bureau of Prisons and the 
United States Marshals Service shall release an individual 
from imprisonment for a limited period if such release is 
authorized by the warden or a judicial officer under sub-
section (c) and in accordance with the facility or officer’s 
prescribed conditions, to— 
‘‘(1) visit a designated place for a period not to 
exceed thirty days without specific authorization, 
and then return to the same or another facility, for 
the purpose of— 
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‘‘(A) obtaining medical treatment not oth-
erwise available, including access to sexual as-
sault nurse examiners; 
‘‘(B) establishing or reestablishing family 
or community ties; or 
‘‘(C) attending court proceedings con-
cerning juvenile custody or dependency of a 
minor or dependent child; 
‘‘(2) visit a designated place for a period not to 
exceed seven days without specific authorization, and 
then return to the same or another facility, for the 
purpose of— 
‘‘(A) visiting a relative who is dying; 
‘‘(B) attending a funeral of a relative; 
‘‘(C) contacting a prospective employer; or 
‘‘(D) engaging in any other significant ac-
tivity consistent with the public interest; or 
‘‘(3) participate in a training or educational 
program in the community while continuing in offi-
cial detention at the prison facility; or 
‘‘(4) work at paid employment in the commu-
nity while continuing in official detention at the 
penal or correctional facility if the rates of pay and 
other conditions of employment will not be less than 
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those paid or provided for work of a similar nature 
in the community. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘imprisonment’ means custodial detention, juvenile official 
detention, or community supervision, both prior to a trial 
or a dispositional hearing, and after conviction or adju-
dication. 
‘‘(c) PETITION.—Upon petition from a person who is 
under an order of imprisonment, a judicial officer is au-
thorized to release such person under subsection (a) and 
may set the least restrictive conditions of release necessary 
to meet the requirements of safety and justice. Such au-
thorization shall be provided for the purposes listed in sub-
section (a) if it is consistent with the purpose for which 
any sentence was imposed if applicable and any pertinent 
policy statement issued by the Sentencing Commission 
pursuant to section 994(a)(2) of title 28, United States 
Code, unless a factual showing is made to the court dem-
onstrating that the release would create an imminent risk 
of flight or harm to the incarcerated person or others.’’. 
SEC. 203. UPDATING CUSTODY REQUIREMENTS TO PRE-
SERVE FAMILIES. 
Section 475(5)(E) of the Social Security Act (42 11 
U.S.C. 675(5)(E)) is amended— 
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(1) by striking ‘‘15 of the most recent 22 
months’’ and inserting ‘‘24 consecutive months and 
who is not in the care of kin (including fictive kin), 
the State may consider filing or joining a petition 
for modification or termination of parental rights 
only after demonstrating by clear and convincing 
evidence that the State has provided to the family of 
the child such services, supports, and time needed to 
address the reasons for foster care and enable the 
family to safely reunify, and by demonstrating com-
pelling reasons why the modification or termination 
is in the best interest of the child, and if the child 
is living with a kinship (including fictive kinship) 
caregiver, the State agency shall provide a meaning-
ful opportunity for the kinship (including fictive kin-
ship) caregiver to express whether modification or 
termination is or is not in the best interests of the 
child and shall document such in the case plan of 
the child’’; 
(2) by striking clause (i) and redesignating 
clauses (ii) and (iii) as clauses (i) and (ii), respec-
tively; 
(3) in clause (ii) (as so redesignated by para-
graph (2) of this section), by striking the semicolon 
and inserting a comma; and 
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(4) by inserting after and below clause (ii) (as 
so redesignated) the following: ‘‘except that, in the 
case of a child to whom this subparagraph applies 
solely because the child has been in foster care 
under the responsibility of the State for 24 consecu-
tive months and is not in the care of kin (including 
fictive kin), the State may not file or join such a pe-
tition if a parent of the child is actively engaged in 
services to address the reasons the child entered care 
(including treatment for substance use disorder, 
mental health concerns, or parenting skills), if based 
principally on the incarceration of a parent, or if 
based principally on the detention of the parent by 
the Department of Homeland Security or the depor-
tation of the parent;’’. 
TITLE 
III—GENDER-INFORMED 
ALTERNATIVES 
TO 
INCAR-
CERATION 
SEC. 301. FEDERAL PRETRIAL DIVERSION. 
(a) IN GENERAL.—Chapter 201 of title 18, United 
States Code, is amended by adding the following new sec-
tion at the end: 
‘‘§ 3015. Federal pretrial diversion 
‘‘(a) DEFINITIONS.—The following terms apply in 
this section: 
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‘‘(1) CRIMINAL CASE.—The term ‘criminal case’ 
means a Federal criminal offense or Federal juvenile 
adjudication where a criminal complaint, information 
or indictment has been filed, or where a criminal 
complaint, information or indictment has not been 
filed and the Government has a reasonable belief 
that a prosecutable Federal offense may be filed. 
‘‘(2) DIVERTEE.—The term ‘divertee’ means an 
adult or juvenile who is accepted to participate in a 
pretrial diversion program. 
‘‘(3) PRETRIAL DIVERSION.—The term ‘pretrial 
diversion’ means an alternative to criminal prosecu-
tion that diverts a defendant or juvenile away from 
the traditional criminal justice process into a recidi-
vism reduction plan, and which results in a diver-
sionary disposition to a divertee who successfully 
completes such recidivism reduction plan. 
‘‘(4) DIVERSIONARY
DISPOSITION.—The term 
‘diversionary disposition’ means the termination of a 
criminal case that results in— 
‘‘(A) the Government not filing a criminal 
complaint, information, indictment or charge in 
a criminal case; 
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‘‘(B) dismissal of a criminal complaint, in-
dictment, information or charge against a 
divertee; or 
‘‘(C) a conviction and imposition of a sen-
tence, or a juvenile adjudication and disposi-
tion, that does not include a term of incarcer-
ation, imprisonment or official detention. 
‘‘(5) RECIDIVISM REDUCTION PLAN.—The term 
‘recidivism reduction plan’ means a plan, ordered to 
be completed by the Court, and that the divertee 
agrees to complete in exchange for a diversionary 
disposition which— 
‘‘(A) shall include supervision, at a fre-
quency and level to be determined by the Court; 
and 
‘‘(B) may include classes, treatment, pro-
grams, assistance, requirements, restrictions, or 
other conditions that are gender-responsive, and 
are tailored specifically to the needs of the 
divertee, which shall include partnerships with 
nonprofit community-based organizations, and 
shall include— 
‘‘(i) assistance with seeking, obtain-
ing, and maintaining employment; 
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‘‘(ii) placement in job placement pro-
grams that partner with private employers; 
‘‘(iii) job skills classes, including com-
puter skills, technical skills, vocational 
skills, and any other job-related skills; 
‘‘(iv) assistance with locating and 
maintaining housing, including family-ac-
cessible housing, which may include coun-
seling as to public housing opportunities, 
assistance with applications for public 
housing benefits, and locating and/or se-
curing temporary or long-term housing; 
‘‘(v) obtaining an identification card 
or driver’s license; 
‘‘(vi) registering to vote, and applying 
for voting rights to be restored, where per-
mitted by law; 
‘‘(vii) assistance with, and require-
ments to apply for and remain in edu-
cation programs, including assistance with 
applications for higher education loans and 
program admission; 
‘‘(viii) financial counseling; 
‘‘(ix) referrals for legal assistance to 
pursue record expungement, family law 
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and custody matters, legal aid services, 
and relevant civil matters including hous-
ing and other issues; 
‘‘(x) assistance with obtaining trans-
portation, including through provision of 
transit fare; 
‘‘(xi) familial counseling and par-
enting classes; 
‘‘(xii) problem-solving and life-skills 
assistance or classes; 
‘‘(xiii) assistance with communication 
needs, including providing a mobile phone, 
mobile phone service or access, or internet 
access; 
‘‘(xiv) assistance with applications for 
State or Federal Government benefits, 
where eligible; 
‘‘(xv) mentorship, including through 
programs that facilitate such services by 
formerly incarcerated or convicted individ-
uals; 
‘‘(xvi) physical and emotional trauma- 
informed treatment, counseling, and ther-
apy; 
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‘‘(xvii) medical and or mental health 
services, and cognitive-behavioral program-
ming; 
‘‘(xviii) substance use treatment and 
testing, including family-based residential 
drug treatment; 
‘‘(xix) reactivation, application for and 
maintaining professional or other licenses; 
‘‘(xx) payment of restitution, where 
appropriate; 
‘‘(xxi) restorative justice-based re-
quirements; and 
‘‘(xxii) any other needs-based assist-
ance or requirement designed to reduce re-
cidivism. 
‘‘(6) RESTORATIVE
JUSTICE.—The term ‘re-
storative justice’ means a creative solution that fo-
cuses on repairing the harm caused by crime and re-
ducing future harm through crime prevention, and 
which requires justice-involved individuals to take re-
sponsibility for their actions, seeks redress for vic-
tims, and the healing and reintegration of both with-
in the community. 
‘‘(b) DIVERSION AUTHORIZED.—Upon application by 
a defendant, the Government, United States Probation 
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and Pretrial Services, or sua sponte by the Court, a 
United States Court with jurisdiction over a criminal case 
may divert such case into a pretrial diversion program 
under this section at any time prior to imposition of a 
sentence or disposition. 
‘‘(c) PARTICIPATION REQUIREMENTS.—Participation 
in the program requires— 
‘‘(1) voluntary agreement to participate by the 
divertee, after being presented with the Court’s pro-
posed pretrial diversion order as required under sub-
section (e); 
‘‘(2) a signed waiver by the divertee that waives 
the right to a speedy trial for as much time as is 
needed for participation in the diversionary program 
as determined by the Court, and waiver of present-
ment of the case within the statute of limitations, if 
necessary, as determined by the Court; and 
‘‘(3) that the divertee be afforded the advice of 
counsel, and if the divertee cannot afford counsel, 
that counsel be appointed at no cost to the divertee. 
‘‘(d) PRETRIAL DIVERSION DETERMINATION APPLI-
CATION PROCESS.—Upon the application for pretrial di-
version of a criminal case, the applicant shall be referred 
to either the Chief Pretrial Services Officer or the Chief 
Probation Officer for a report, that shall include— 
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‘‘(1) the applicant’s criminal history, back-
ground and characteristics, and the facts sur-
rounding an applicant’s criminal case; 
‘‘(2) a recommendation to the Court whether a 
pretrial diversion program is appropriate for the ap-
plicant; and 
‘‘(3) a needs-based assessment of the applicant, 
and a recommendation for a recidivism reduction 
plan tailored to the needs of the applicant, whether 
or not a pretrial diversion program is recommended. 
‘‘(e) PRETRIAL DIVERSION ORDER.—Upon review of 
the report described in subsection (e), and any argument, 
testimony and evidence presented by the Government and 
the applicant, the Court shall enter an order approving 
or denying the application of pretrial diversion, such an 
order shall include— 
‘‘(1) in the case of an order denying the appli-
cation of pretrial diversion, a statement of reasons 
for such denial; and 
‘‘(2) in the case of an order granting the appli-
cation of pretrial diversion— 
‘‘(A) the date that the pretrial diversion 
period begins, and date, whereby, if successful 
completion is determined by the Court, a diver-
sionary disposition may be entered; 
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pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) the recidivism reduction plan which 
must be successfully completed by the divertee 
in order to receive a diversionary disposition; 
‘‘(C) the type of diversionary disposition 
that the divertee will receive if the divertee suc-
cessfully completes the recidivism reduction 
plan, 
including 
opportunities 
for 
record 
expungement, which shall include the approval 
of the Government where required by law; and 
‘‘(D) the alternative disposition of the 
criminal case if the Court determines the 
divertee has not successfully completed the re-
cidivism reduction plan. 
‘‘(f) UNSUCCESSFUL TERMINATION
OF PRETRIAL 
DIVERSION.—A divertee is entitled to a hearing before the 
divertee’s pretrial diversion may be terminated. Upon 
breach of a condition of the recidivism reduction plan by 
the divertee, the U.S. Probation and Pretrial Services Of-
fice may so inform the Court, who shall determine whether 
such breach should warrant termination of diversion. 
‘‘(g) SUCCESSFUL TERMINATION OF PRETRIAL DI-
VERSION.—If the Court determines that a divertee has 
successfully completed a recidivism reduction program as 
provided in the terms of the pretrial diversion order, the 
VerDate Sep 11 2014 
05:56 Apr 08, 2022
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E:\BILLS\H7394.IH
H7394
pbinns on DSKJLVW7X2PROD with BILLS