I 
115TH CONGRESS 
2D SESSION 
H. R. 6805 
To prohibit the use of restraints and restrictive housing on inmates during 
the period of pregnancy, labor and postpartum recovery, to collect data 
on incarcerated pregnant women in the United States and the results 
of such pregnancies, to address the health needs of incarcerated women 
related to pregnancy and childbirth, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2018 
Ms. BASS (for herself, Mrs. LOVE, Ms. CLARK of Massachusetts, Mrs. 
MCMORRIS RODGERS, Ms. FRANKEL of Florida, Ms. MCSALLY, Mrs. 
LAWRENCE, Ms. STEFANIK, Ms. ROYBAL-ALLARD, Ms. GRANGER, Ms. 
LOFGREN, Mrs. COMSTOCK, Ms. JACKSON LEE, Mrs. BROOKS of Indiana, 
Ms. JUDY CHU of California, Ms. JENKINS of Kansas, Ms. JAYAPAL, 
Mrs. NOEM, Mrs. NAPOLITANO, Mrs. BLACK, Mrs. WAGNER, Ms. KAP-
TUR, Ms. HERRERA BEUTLER, Ms. MATSUI, Ms. ROS-LEHTINEN, Ms. 
BROWNLEY of California, Mrs. HANDEL, Ms. SEWELL of Alabama, Ms. 
CHENEY, Ms. FUDGE, Mrs. ROBY, Ms. MCCOLLUM, Mrs. WALORSKI, 
Mrs. DINGELL, Ms. SPEIER, Mrs. WATSON COLEMAN, Ms. NORTON, Ms. 
LEE, Ms. MOORE, Ms. CLARKE of New York, Ms. PINGREE, Ms. 
MICHELLE LUJAN GRISHAM of New Mexico, Ms. WILSON of Florida, Ms. 
TITUS, Ms. BARRAGA´N, Ms. HANABUSA, Ms. EDDIE BERNICE JOHNSON 
of Texas, Mrs. DAVIS of California, Ms. VELA´ZQUEZ, Ms. BONAMICI, 
Mrs. BUSTOS, Ms. ESTY of Connecticut, Ms. TSONGAS, Ms. MENG, Ms. 
SINEMA, Ms. BLUNT ROCHESTER, Ms. DELAURO, Ms. ADAMS, and Ms. 
SCHAKOWSKY) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To prohibit the use of restraints and restrictive housing 
on inmates during the period of pregnancy, labor and 
postpartum recovery, to collect data on incarcerated 
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pregnant women in the United States and the results 
of such pregnancies, to address the health needs of incar-
cerated women related to pregnancy and childbirth, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting the Health 
and Wellness of Babies and Pregnant Women in Custody 
Act’’ or as the ‘‘Pregnant Women in Custody Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The number of incarcerated women in the 
United States increased by 700 percent from 1980 
to 2014. 
(2) Justice-involved women are less likely to be 
violent or attempt to escape. The majority of female 
offenders in Federal custody are housed in minimum 
or low security facilities. 
(3) Eighty percent of all incarcerated women 
have children under the age of 18. 
(4) The number of incarcerated pregnant 
women is unknown, but it is estimated that 2,000 
women give birth in custody each year. 
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(5) Prenatal care significantly improves out-
comes for pregnant women, adolescents, and their 
babies. 
(6) Availability of birth coach and doula serv-
ices to incarcerated pregnant women has been asso-
ciated with a drop in the rate of Caesarean section 
births from 63 percent to 3 percent. 
(7) Birth by Caesarean section on average can 
cost $7,000 to $10,000 more than a natural birth. 
(8) Participation in post-delivery mother-infant 
residency or nursery programs is associated with 
lower recidivism rates, reduced risk of babies enter-
ing foster care, and improved odds that mothers and 
their babies will remain together after the mother’s 
period of incarceration. 
(9) Use of restrictive housing and restraints on 
incarcerated pregnant women is extremely dangerous 
to the health of mothers, fetuses, and infants. Yet, 
these practices remain legal and practiced widely in 
some States. 
(10) Use of restrictive housing for pregnant 
women creates a serious risk of mental and physical 
harm and can result in deprivation of critical nutri-
tional and medical care. 
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(11) Use of restraints can cause injuries to 
mothers and their babies including physical trauma 
due to falls, increased pain during labor from bone 
separation and muscle tears, blocked circulation, and 
miscarriage. 
(12) The U.S. Department of Justice has stat-
ed its opposition to the use of restrictive housing 
with pregnant prisoners, but no State or Federal 
laws exist that place limits on the use of restrictive 
housing with pregnant prisoners. 
(13) Some States provide strong or comprehen-
sive protections in State prisons against the use of 
restraints on incarcerated women during pregnancy, 
labor, childbirth, and postpartum recovery. 
SEC. 3. DATA COLLECTION. 
(a) IN GENERAL.—Beginning not later than one year 
after the date of the enactment of this Act, pursuant to 
the authority under section 302 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732), 
the Director of the Bureau of Justice Statistics shall in-
clude in the National Prisoner Statistics Program and An-
nual Survey of Jails statistics relating to the health needs 
of incarcerated pregnant women in the criminal justice 
system at the Federal, State, tribal, and local levels, in-
cluding— 
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(1) the number of women known to be pregnant 
while in custody, the outcomes of such pregnancies, 
and whether the delivery was induced or by cae-
sarian section; 
(2) demographic and other information about 
incarcerated women who are pregnant, in labor, or 
in postpartum recovery, including the race, ethnicity, 
and age of the pregnant woman; 
(3) the provision of pregnancy care and services 
provided for such women, including— 
(A) whether prenatal, delivery and post-de-
livery check-up visits were scheduled and pro-
vided; 
(B) whether a social worker, psychologist, 
doula or other support person, or pregnancy or 
parenting program was offered and provided 
during pregnancy and delivery; 
(C) whether a nursery or residential pro-
gram to keep mothers and infants together 
post-delivery was offered and provided; 
(D) the number of days the mother stayed 
in the hospital post-delivery; and 
(E) the number of days the infant re-
mained with the mother post-delivery; 
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