I 
118TH CONGRESS 
1ST SESSION H. R. 3344 
To end the shackling of pregnant individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
Ms. PRESSLEY (for herself, Ms. UNDERWOOD, Mr. AGUILAR, Mr. ALLRED, 
Ms. BARRAGA´N, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLU-
MENAUER, Ms. BLUNT ROCHESTER, Ms. BROWNLEY, Ms. BUDZINSKI, 
Ms. BUSH, Ms. CARAVEO, Mr. CARBAJAL, Mr. CARSON, Mr. CARTER of 
Louisiana, Mrs. CHERFILUS-MCCORMICK, Ms. CLARKE of New York, Mr. 
CLEAVER, Mr. COHEN, Ms. CRAIG, Ms. CROCKETT, Mr. DAVIS of Illinois, 
Ms. DEAN of Pennsylvania, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, 
Mrs. FOUSHEE, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI´A of 
Illinois, Mr. GREEN of Texas, Mrs. HAYES, Mr. HORSFORD, Mr. 
HUFFMAN, Mr. IVEY, Mr. JACKSON of Illinois, Ms. JACKSON LEE, Ms. 
JACOBS, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, 
Mr. KRISHNAMOORTHI, Ms. KUSTER, Ms. LEE of California, Mr. LIEU, 
Ms. LOFGREN, Mrs. MCBATH, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. 
MCGOVERN, Mr. MEEKS, Ms. MENG, Mr. MFUME, Mr. MORELLE, Mr. 
MOULTON, Ms. MOORE of Wisconsin, Mr. MRVAN, Mr. MULLIN, Mrs. 
NAPOLITANO, Mr. NEGUSE, Ms. OCASIO-CORTEZ, Mr. PAPPAS, Mr. 
PAYNE, Mr. PHILLIPS, Ms. PORTER, Mr. RUPPERSBERGER, Ms. SALI-
NAS, Ms. SCANLON, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Mr. 
DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SMITH of Washington, Mr. 
SOTO, Ms. SPANBERGER, Ms. STANSBURY, Ms. STRICKLAND, Mrs. 
SYKES, Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TLAIB, Ms. 
TOKUDA, Mr. TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. 
TRONE, Mr. VARGAS, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILLIAMS of 
Georgia, Mr. PASCRELL, Ms. DELBENE, Mr. LYNCH, and Ms. ADAMS) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
A BILL 
To end the shackling of pregnant individuals, 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 ‘‘Justice for Incarcer-
ated Moms Act’’. 
SEC. 2. ENDING THE SHACKLING OF PREGNANT INDIVID-
UALS. 
(a) IN GENERAL.—Beginning on the date that is 6 
months after the date of enactment of this Act, and annu-
ally thereafter, in each State that receives a grant under 
subpart 1 of part E of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (34 U.S.C. 10151 et 
seq.) (commonly referred to as the ‘‘Edward Byrne Memo-
rial Justice Grant Program’’) and that does not have in 
effect throughout the State for such fiscal year laws re-
stricting the use of restraints on pregnant individuals in 
prison that are substantially similar to the rights, proce-
dures, requirements, effects, and penalties set forth in sec-
tion 4322 of title 18, United States Code, the amount of 
such grant that would otherwise be allocated to such State 
under such subpart for the fiscal year shall be decreased 
by 25 percent. 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
(b) REALLOCATION.—Amounts not allocated to a 
State for failure to comply with subsection (a) shall be 
reallocated in accordance with subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10151 et seq.) to States that have com-
plied with such subsection. 
SEC. 3. CREATING MODEL PROGRAMS FOR THE CARE OF 
INCARCERATED INDIVIDUALS IN THE PRE-
NATAL AND POSTPARTUM PERIODS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Attorney General, act-
ing through the Director of the Bureau of Prisons, shall 
establish, in not fewer than 6 Bureau of Prisons facilities, 
programs to optimize maternal health outcomes for preg-
nant and postpartum individuals incarcerated in such fa-
cilities. The Attorney General shall establish such pro-
grams in consultation with stakeholders such as— 
(1) relevant community-based organizations, 
particularly organizations that represent incarcer-
ated and formerly incarcerated individuals and orga-
nizations that seek to improve maternal health out-
comes for pregnant and postpartum individuals from 
demographic groups with elevated rates of maternal 
mortality, severe maternal morbidity, maternal 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
health disparities, or other adverse perinatal or 
childbirth outcomes; 
(2) relevant organizations representing patients, 
with a particular focus on patients from demo-
graphic groups with elevated rates of maternal mor-
tality, severe maternal morbidity, maternal health 
disparities, or other adverse perinatal or childbirth 
outcomes; 
(3) organizations representing maternity care 
providers and maternal health care education pro-
grams; 
(4) perinatal health workers; and 
(5) researchers and policy experts in fields re-
lated to maternal health care for incarcerated indi-
viduals. 
(b) START DATE.—Each selected facility shall begin 
facility programs not later than 18 months after the date 
of enactment of this Act. 
(c) FACILITY PRIORITY.—In carrying out subsection 
(a), the Director shall give priority to a facility based on— 
(1) the number of pregnant and postpartum in-
dividuals incarcerated in such facility and, among 
such individuals, the number of pregnant and 
postpartum individuals from demographic groups 
with elevated rates of maternal mortality, severe ma-
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
ternal morbidity, maternal health disparities, or 
other adverse perinatal or childbirth outcomes; and 
(2) the extent to which the leaders of such facil-
ity have demonstrated a commitment to developing 
exemplary programs for pregnant and postpartum 
individuals incarcerated in such facility. 
(d) PROGRAM DURATION.—The programs established 
under this section shall be for a 5-year period. 
(e) PROGRAMS.—Bureau of Prisons facilities selected 
by the Director shall establish programs for pregnant and 
postpartum incarcerated individuals, and such programs 
may— 
(1) provide access to perinatal health workers 
from pregnancy through the postpartum period; 
(2) provide access to healthy foods and coun-
seling on nutrition, recommended activity levels, and 
safety measures throughout pregnancy; 
(3) train correctional officers to ensure that 
pregnant incarcerated individuals receive safe and 
respectful treatment; 
(4) train medical personnel to ensure that preg-
nant incarcerated individuals receive trauma-in-
formed, culturally and linguistically congruent care 
that promotes the health and safety of the pregnant 
individuals; 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
(5) provide counseling and treatment for indi-
viduals who have suffered from— 
(A) diagnosed mental or behavioral health 
conditions, including trauma and substance use 
disorders; 
(B) trauma or violence, including domestic 
violence; 
(C) human immunodeficiency virus; 
(D) sexual abuse; 
(E) pregnancy or infant loss; or 
(F) chronic conditions; 
(6) provide evidence-based pregnancy and child-
birth education, parenting support, and other rel-
evant forms of health literacy; 
(7) provide clinical education opportunities to 
maternity care providers in training to expand path-
ways into maternal health care careers serving incar-
cerated individuals; 
(8) offer opportunities for postpartum individ-
uals to maintain contact with the individual’s new-
born child to promote bonding, including enhanced 
visitation policies, access to prison nursery pro-
grams, or breastfeeding support; 
(9) provide reentry assistance, particularly to— 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
(A) ensure access to health insurance cov-
erage and transfer of health records to commu-
nity providers if an incarcerated individual exits 
the criminal justice system during such individ-
ual’s pregnancy or in the postpartum period; 
and 
(B) connect individuals exiting the criminal 
justice system during pregnancy or in the 
postpartum period to community-based re-
sources, such as referrals to health care pro-
viders, substance use disorder treatments, and 
social services that address social determinants 
of maternal health; or 
(10) establish partnerships with local public en-
tities, private community entities, community-based 
organizations, Indian Tribes and Tribal organiza-
tions (as such terms are defined in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)), and Urban Indian organiza-
tions (as such term is defined in section 4 of the In-
dian Health Care Improvement Act (25 U.S.C. 
1603)) to establish or expand pretrial diversion pro-
grams as an alternative to incarceration for preg-
nant and postpartum individuals. Such programs 
may include— 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
(A) evidence-based childbirth education or 
parenting classes; 
(B) prenatal health coordination; 
(C) family and individual counseling; 
(D) evidence-based screenings, education, 
and, as needed, treatment for mental and be-
havioral health conditions, including drug and 
alcohol treatments; 
(E) family case management services; 
(F) domestic violence education and pre-
vention; 
(G) physical and sexual abuse counseling; 
and 
(H) programs to address social deter-
minants of health such as employment, housing, 
education, transportation, and nutrition. 
(f) IMPLEMENTATION AND REPORTING.—A selected 
facility shall be responsible for— 
(1) implementing programs, which may include 
the programs described in subsection (e); and 
(2) not later than 3 years after the date of en-
actment of this Act, and 6 years after the date of 
enactment of this Act, reporting results of the pro-
grams to the Director, including information de-
scribing— 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS
(A) relevant quantitative indicators of suc-
cess in improving the standard of care and 
health outcomes for pregnant and postpartum 
incarcerated individuals in the facility, including 
data stratified by race, ethnicity, sex, gender, 
primary language, age, geography, disability 
status, the category of the criminal charge 
against such individual, rates of pregnancy-re-
lated deaths, pregnancy-associated deaths, cases 
of infant mortality and morbidity, rates of 
preterm births and low-birthweight births, cases 
of severe maternal morbidity, cases of violence 
against pregnant or postpartum individuals, di-
agnoses of maternal mental or behavioral health 
conditions, and other such information as ap-
propriate; 
(B) relevant qualitative and quantitative 
evaluations from pregnant and postpartum in-
carcerated individuals who participated in such 
programs, including measures of patient-re-
ported experience of care; and 
(C) strategies to sustain such programs 
after fiscal year 2028 and expand such pro-
grams to other facilities. 
VerDate Sep 11 2014 
03:17 May 30, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3344.IH
H3344
kjohnson on DSK79L0C42PROD with BILLS