HR 6878 RFS
incarcerated woman in the custody of the Bureau of Pris-
ons, or in the custody of the United States Marshals Serv-
ice pursuant to section 4086, shall not be held in restric-
tive housing. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) RESTRICTIVE HOUSING.—Subject to para-
graph (4), the prohibition under subsection (a) relat-
ing to restrictive housing shall not apply if the Di-
rector of the Bureau of Prisons or a senior Bureau 
of Prisons official overseeing women’s health and 
services, in consultation with senior officials in 
health services, makes an individualized determina-
tion that restrictive housing is required as a tem-
porary response to behavior that poses a serious and 
immediate risk of physical harm. 
‘‘(2) REVIEW.—The official who makes a deter-
mination under subparagraph (A) shall review such 
determination daily for the purpose of removing an 
incarcerated woman as quickly as feasible from re-
strictive housing. 
‘‘(3) RESTRICTIVE HOUSING PLAN.—The offi-
cial who makes a determination under subparagraph 
(A) shall develop an individualized plan to move an 
incarcerated woman to less restrictive housing within 
a reasonable amount of time. 
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‘‘(4) PROHIBITION
ON
SOLITARY
CONFINE-
MENT.—An incarcerated woman who is placed in re-
strictive housing under this subsection may not be 
placed in solitary confinement if the incarcerated 
woman is in her third trimester. 
‘‘(c) REPORTS.— 
‘‘(1) REPORT
TO
DIRECTORS
AND
HEALTH 
CARE
PROFESSIONAL
AFTER
PLACEMENT
IN
RE-
STRICTIVE HOUSING.—Not later than 30 days after 
the date on which an incarcerated woman is placed 
in restrictive housing under subsection (b), the ap-
plicable official identified in subsection (b)(1), cor-
rectional officer, or United States Marshal shall sub-
mit to the Director of the Bureau of Prisons or the 
Director of the United States Marshals Service, as 
applicable, and to the health care professional re-
sponsible for the health and safety of the woman, a 
written report which describes the facts and cir-
cumstances surrounding the restrictive housing 
placement, and includes the following: 
‘‘(A) The reasoning upon which the deter-
mination for the placement was made. 
‘‘(B) The details of the placement, includ-
ing length of time of placement and how fre-
quently and how many times the determination 
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was made subsequent to the initial determina-
tion to continue the restrictive housing place-
ment. 
‘‘(C) A description of all attempts to use 
alternative interventions and sanctions before 
the restrictive housing was used. 
‘‘(D) Any resulting physical effects on the 
woman observed by or reported by the health 
care professional responsible for the health and 
safety of the woman. 
‘‘(E) Strategies the facility is putting in 
place to identify more appropriate alternative 
interventions should a similar situation arise 
again. 
‘‘(2) REPORT TO CONGRESS.—Not later than 
180 days after the date of enactment of the Preg-
nant Women in Custody Act, and every 180 days 
thereafter for a period of 10 years, the Attorney 
General shall submit to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives a report on 
the placement of incarcerated women in restrictive 
housing under subsection (b), which shall include the 
information described in paragraph (1). 
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