Sec. 2. Findings
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Congress finds the following: The number of incarcerated women in the United States increased by 700 percent from 1980 to 2014. 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. Eighty percent of all incarcerated women have children under the age of 18. The number of incarcerated pregnant women is unknown, but it is estimated that 2,000 women give birth in custody each year.
Prenatal care significantly improves outcomes for pregnant women, adolescents, and their babies. Availability of birth coach and doula services to incarcerated pregnant women has been associated with a drop in the rate of Caesarean section births from 63 percent to 3 percent. Birth by Caesarean section on average can cost $7,000 to $10,000 more than a natural birth. Participation in post-delivery mother-infant residency or nursery programs is associated with lower recidivism rates, reduced risk of babies entering foster care, and improved odds that mothers and their babies will remain together after the mother’s period of incarceration.
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. Use of restrictive housing for pregnant women creates a serious risk of mental and physical harm and can result in deprivation of critical nutritional and medical care. 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.
The U.S. Department of Justice has stated 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. Some States provide strong or comprehensive protections in State prisons against the use of restraints on incarcerated women during pregnancy, labor, childbirth, and postpartum recovery.