Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

Bill: 116-hr-7718
Sponsor: Rep. Bass, Karen [D-CA-37]
Introduced: 2020-07-22 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Child care and development
Child health
Congressional oversight
Correctional facilities and imprisonment
Cosmetics and personal care
Criminal justice information and records
Debt collection
Department of Justice
Detention of persons
Digestive and metabolic diseases
Drug, alcohol, tobacco use
Employment and training programs
Family services
Food assistance and relief
Government Accountability Office (GAO)
Government employee pay, benefits, personnel management
Government studies and investigations
HIV/AIDS
Health care coverage and access
Health information and medical records
Health promotion and preventive care
Hospital care
Infectious and parasitic diseases
Judicial procedure and administration
Law enforcement administration and funding
Law enforcement officers
Medical tests and diagnostic methods
Mental health
Nutrition and diet
Poverty and welfare assistance
Sexually transmitted diseases
State and local government operations
Women's health

Summary:
action_date: 2020-07-22
text: 

Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

 
This bill contains provisions related to the medical needs of incarcerated women.
 
The Bureau of Prisons (BOP) shall provide women in its custody access to certain reproductive health services. The bill also requires the BOP to (1) comply with requirements related to the health of a pregnant incarcerated woman, such as providing appropriate meals and medical services; and (2) provide appropriate health care to a woman with a high-risk pregnancy. 
 
The bill also modifies restrictions on using restraints on an incarcerated woman during pregnancy, labor, or after delivery. The bill prohibits such restraints unless the relevant corrections official and a health care professional determine that the restraints are appropriate for the woman's medical safety. The health care professional must review this determination every six hours. The current statute allows using such restraints if the corrections official determines that restraints are needed due to a flight risk or threat of harm, and does not require periodic review.
 
The bill also prohibits the BOP from placing a pregnant woman into restrictive housing, such as solitary confinement, unless the relevant corrections official determines that such an action is necessary to address a serious and immediate risk of physical harm. This determination shall be reviewed every four hours. 
 
The Department of Justice may make grants to eligible entities, such as a state department of corrections, to provide obstetrical care, gynecological care, and related services to women in custody.
 
The Bureau of Justice Statistics shall collect certain data related to the health needs of pregnant incarcerated women.

action_date: 2020-10-01
text: 

Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act

 
This bill contains provisions related to the medical needs of incarcerated women.
 
The Bureau of Prisons (BOP) shall provide women in its custody access to certain reproductive health services. The bill also requires the BOP to (1) comply with requirements related to the health of a pregnant incarcerated woman, such as providing appropriate meals and medical services; and (2) provide appropriate health care to a woman with a high-risk pregnancy. 
 
The bill also modifies restrictions on using restraints on an incarcerated woman during pregnancy, labor, or after delivery. The bill prohibits such restraints unless the relevant corrections official and a health care professional determine that the restraints are appropriate for the woman's medical safety. The health care professional must review this determination every six hours. The current statute allows using such restraints if the corrections official determines that restraints are needed due to a flight risk or threat of harm, and does not require periodic review.
 
The bill also prohibits the BOP from placing a pregnant woman into restrictive housing, such as solitary confinement, unless the relevant corrections official determines that such an action is necessary to address a serious and immediate risk of physical harm. This determination shall be reviewed every four hours. 
 
The Department of Justice may make grants to eligible entities, such as a state department of corrections, to provide obstetrical care, gynecological care, and related services to women in custody.
 
The Bureau of Justice Statistics shall collect certain data related to the health needs of pregnant incarcerated women.


Legislative actions:
action_date: 2020-10-19
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2020-10-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-10-01
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5143-5147)
action_date: 2020-10-01
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
action_date: 2020-10-01
text: DEBATE - The House continued with debate on H.R. 7718.
action_date: 2020-10-01
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 7718.
action_date: 2020-10-01
text: Considered under suspension of the rules. (consideration: CR H5143-5149)
action_date: 2020-10-01
text: Ms. Bass moved to suspend the rules and pass the bill, as amended.
action_date: 2020-09-24
text: Placed on the Union Calendar, Calendar No. 436.
action_date: 2020-09-24
text: Reported by the Committee on Judiciary. H. Rept. 116-536.
action_date: 2020-09-24
text: Reported by the Committee on Judiciary. H. Rept. 116-536.
action_date: 2020-09-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2020-07-22
text: Referred to the House Committee on the Judiciary.
action_date: 2020-07-22
text: Introduced in House
action_date: 2020-07-22
text: Introduced in House