SIMARRA Act
Bill: H.R.120 | Sponsor: Rep. Jackson Lee, Sheila (D-TX)
Policy area: Crime and Law Enforcement

Summary:
Stop Infant Mortality And Recidivism Reduction Act of 2021 or the SIMARRA Act
This bill directs the Bureau of Prisons to establish a pilot program for incarcerated women and their children born during incarceration to reside together in a separate prison housing unit.
It sets forth inmate eligibility criteria and program participation requirements.

To enhance public health and safety by improving the effectiveness and 
efficiency of the Federal prison system for incarcerated pregnant women 
    and mothers by establishing a pilot program of critical-stage, 
    developmental nurseries in Federal prisons for children born to 
   inmates, with risk and needs assessments, and risk and recidivism 
                               reduction.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Infant Mortality And Recidivism 
Reduction Act of 2021'' or the ``SIMARRA Act''.

SEC. 2. ESTABLISHMENT.

    Not later than 270 days after the date of the enactment of this 
Act, the Director of the Federal Bureau of Prisons (hereinafter 
referred to as the ``Director'') shall establish a pilot program 
(hereinafter referred to as the ``Program'') in accordance with this 
Act to permit women incarcerated in Federal prisons and the children 
born to such women during incarceration to reside together while the 
inmate serves a term of imprisonment in a separate housing wing of the 
prison.

SEC. 3. PURPOSES.

    The purposes of the Act are to--
            (1) prevent infant mortality among infants born to 
        incarcerated mothers and greatly reduce the trauma and stress 
        experienced by the unborn fetuses of pregnant inmates;
            (2) reduce the recidivism rates of federally incarcerated 
        women and mothers, and enhance public safety by improving the 
        effectiveness of the Federal prison system for women as a 
        population with special needs;
            (3) establish female offender risk and needs assessment as 
        the cornerstones of a more effective and efficient Federal 
        prison system;
            (4) implement a validated post-sentencing risk and needs 
        assessment system that relies on dynamic risk factors to 
        provide Federal prison officials with a roadmap to address the 
        pre- and post-natal needs of Federal pregnant offenders, manage 
        limited resources, and enhance public safety;
            (5) perform regular outcome evaluations of the 
        effectiveness of programs and interventions for federally 
        incarcerated pregnant women and mothers to assure that such 
        programs and interventions are evidence-based and to suggest 
        changes, deletions, and expansions based on the results of such 
        evaluations; and
            (6) assist the Department of Justice to address the 
        underlying cost structure of the Federal prison system and 
        ensure that the Department can continue to run prison nurseries 
        safely and securely without compromising the scope or quality 
        of the Department's critical health, safety and law enforcement 
        missions.

SEC. 4. DUTIES OF THE DIRECTOR OF FEDERAL BUREAU OF PRISONS.

    (a) In General.--The Director shall carry out this section in 
consultation with--
            (1) a licensed and board-certified gynecologist or 
        obstetrician;
            (2) the Director of the Administrative Office of the United 
        States Courts;
            (3) the Director of the Office of Probation and Pretrial 
        Services;
            (4) the Director of the National Institute of Justice; and
            (5) the Director of the U.S. Department of Health & Human 
        Services.
    (b) Duties.--The Director shall, in accordance with subsection 
(c)--
            (1) develop an offender risk and needs assessment system 
        particular to the health and sensitivities of federally 
        incarcerated pregnant women and mothers in accordance with this 
        section;
            (2) develop recommendations regarding recidivism reduction 
        programs and productive activities in accordance with section 
        9;
            (3) conduct ongoing research and data analysis on--
                    (A) the best practices relating to the use of 
                offender risk and needs assessment tools particular to 
                the health and sensitivities of federally incarcerated 
                pregnant women and mothers;
                    (B) the best available risk and needs assessment 
                tools particular to the health and sensitivities of 
                federally incarcerated pregnant women and mothers and 
                the level to which they rely on dynamic risk factors 
                that could be addressed and changed over time, and on 
                measures of risk of recidivism, individual needs, and 
                responsivity to recidivism reduction programs;
                    (C) the most effective and efficient uses of such 
                tools in conjunction with recidivism reduction 
                programs, productive activities, incentives, and 
                rewards; and
                    (D) which recidivism reduction programs are the 
                most effective--
                            (i) for federally incarcerated pregnant 
                        women and mothers classified at different 
                        recidivism risk levels; and
                            (ii) for addressing the specific needs of 
                        federally incarcerated pregnant women and 
                        mothers;
            (4) on a biennial basis, review the system developed under 
        paragraph (1) and the recommendations developed under paragraph 
        (2), using the research conducted under paragraph (3), to 
        determine whether any revisions or updates should be made, and 
        if so, make such revisions or updates;
            (5) hold periodic meetings with the individuals listed in 
        subsection (a) at intervals to be determined by the Director; 
        and
            (6) report to Congress in accordance with section 9.
    (c) Methods.--In carrying out the duties under subsection (b), the 
Director shall--
            (1) consult relevant stakeholders; and
            (2) make decisions using data that is based on the best 
        available statistical and empirical evidence.

SEC. 5. ELIGIBILITY.

    An inmate may apply to participate in the Program if the inmate--
            (1) is pregnant at the beginning of the term of 
        imprisonment; and
            (2) is in the custody or control of the Federal Bureau of 
        Prisons.

SEC. 6. PROGRAM TERMS.

    (a) Term of Participation.--To correspond with the purposes and 
goals of the program to promote bonding during the critical stages of 
child development, an eligible inmate selected for the Program may 
participate in the Program, subject to section 7, for the shorter of 
the inmate's term of imprisonment or 30 months.
    (b) Inmate Requirements.--For the duration of an inmate's 
participation in the Program, the inmate shall agree to--
            (1) accept the responsibility of child-rearing;
            (2) participate in any educational or counseling 
        opportunities established by the Director, including topics 
        such as child development, parenting skills, domestic violence, 
        vocational training, or substance abuse;
            (3) abide by any court decision regarding the legal or 
        physical custody of the child;
            (4) transfer to the Federal Bureau of Prisons any child 
        support payments for the infant of the participating inmate 
        from any person or governmental entity; and
            (5) specify a person who has agreed to take custody of the 
        child if the inmate's participation in the Program terminates 
        before the inmate's release.

SEC. 7. TERMINATION OF PARTICIPATION.

    An inmate's participation in the Program terminates upon the 
earliest of the following to occur:
            (1) The inmate is released from prison.
            (2) The infant fails to meet any medical criteria 
        established by the Director or the Director's designee along 
        with a collective determination of the persons listed in 
        section 4(a).

SEC. 8. CONTINUITY OF CARE.

    The Director shall take appropriate actions to prevent detachment 
or disruption of either an inmate's or infant's health and bonding-
based well-being due to termination of the Program.

SEC. 9. REPORTING.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act and once every year thereafter for 5 years, the 
Director shall submit a report to the Congress with regards to progress 
in implementing the Program.
    (b) Final Report.--Not later than 6 months after the termination of 
the Program, the Director shall issue a final report to the Congress 
that contains a detailed statement of the Director's findings and 
conclusions, including recommendations for legislation, administrative 
actions, and regulations the Director considers appropriate.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act, there is authorized to be appropriated 
$10,000,000 for each of fiscal years 2021 through 2025.
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