Sec. 5. Use of restrictive housing and restraints on inmates during pregnancy, labor and postpartum recovery prohibited
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Chapter 317 of title 18, United States Code, is amended by inserting after section 4321 the following: Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a healthcare professional, and ending at the conclusion of postpartum recovery, a prisoner in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be placed in restraints or held in restrictive housing. The prohibition under subsection
(a)related to the use of restraints shall not apply if— the senior Bureau of Prisons or the United States Marshal Service official overseeing women’s health and services, in consultation with senior officials in health services, makes an individualized determination that the prisoner— is an immediate and credible flight risk that cannot reasonably be prevented by other means; or poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means; or a health care professional responsible for the health and safety of the prisoner determines that the use of medical restraints is appropriate for the medical safety of the prisoner, and such professional reviews such determination not later than every 6 hours after such use is initially approved until such use is terminated. In the case that restraints are used pursuant to an exception under paragraph (1), only the least restrictive restraints necessary to prevent the harm or risk of escape described in paragraph
(1)may be used. The exceptions under paragraph
(1)may not be applied— to place restraints around the ankles, legs, or waist of a prisoner; to restrain a prisoner’s hands behind her back; to restrain a prisoner using four-point restraints; or to attach a prisoner to another prisoner. Notwithstanding paragraph (1), upon the request of a healthcare professional who is responsible for the health and safety of a prisoner, a corrections officer or United States marshal, as applicable, shall refrain from using restraints on the prisoner or remove restraints used on the prisoner. The individualized determination described under paragraph
(1)shall only apply to a specific situation and must be reaffirmed through the same process, to use restraints again in any future situation involving the same prisoner. Immediately upon the cessation of the use of restraints or restrictive housing as outlined in this subsection, the Bureau of Prisons or United States Marshal Service shall provide the prisoner with immediate access to physical and mental health assessments and all indicated treatment. The prohibition under subsection
(a)related to restrictive housing shall not apply if the senior Bureau of Prisons official or United States Marshals Service official overseeing women’s health and services, in consultation with senior officials in health services, makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm and reviews and affirms that determination at least every 24 hours. If an official identified in subsection (b)(1), correctional officer, or United States Marshal uses restraints on a prisoner under subsection (b)(2), that official, including a designated correctional officer or marshal shall submit, not later than 30 days after placing the prisoner in restraints, to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the healthcare professional responsible for the health and safety of the prisoner, a written report which describes the facts and circumstances surrounding the use of restraints, and includes— the reasoning upon which the determination to use restraints was made; the details of the use of restraints, including the type of restraints used and length of time during which restraints were used; any resulting physical effects on the inmate, fetus, or the neonate observed by or reported by the qualified health care professional; and a description of all attempts to use alternative interventions and sanctions before the restraints were used. If an official identified in subsection (b)(3), correctional officer, or United States Marshal places a prisoner in restrictive housing under subsection (b)(3), that official, correctional officer, or United States Marshal shall submit, not later than 30 days after placing the prisoner in restrictive housing, to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the healthcare professional responsible for the health and safety of the prisoner, a written report which describes the facts and circumstances surrounding the restrictive housing placement, and includes— the reasoning upon which the determination for the placement was made; the details of the placement, including length of time of placement and how frequently and how many times the determination was made subsequent to the initial determination to continue the restrictive housing placement; and any resulting physical effects on the inmate, fetus, or the neonate observed by or reported by qualified health care professional. Upon receipt of a report under subsection (c), the healthcare professional responsible for the health and safety of the prisoner shall submit to the Director such information as the healthcare professional determines is relevant to the use of restrictive housing or restraints on the prisoner. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each submit to the Judiciary Committee of the Senate and of the House of Representatives a report that certifies compliance with this section and includes the information required to be reported under paragraphs
(1)and (2). The report under this paragraph shall not contain any personally identifiable information of any prisoner. Not later than 24 hours after the confirmation of a prisoner’s pregnancy by a health care professional, that prisoner shall be notified, orally and in writing, by an appropriate health care professional, corrections official or officer, or United States Marshal, as applicable, of— the restrictions on the use of restraints and restrictive housing placements under this section; the prisoner’s right to make a confidential report of a violation of restrictions on the use of restraints or restrictive housing placement; and that the facility staff have been advised of all rights of the prisoner under subsection (a). Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons, and the Director of the United States Marshals Service shall establish processes through which a prisoner may report a violation of this section. The head of the Bureau of Prisons facility where a pregnant woman is in custody shall notify all facility staff of the pregnancy and of the pregnant prisoner's rights under subsection (a). It shall be unlawful for any Bureau of Prisons or United States Marshal Service employee to retaliate against a prisoner for reporting under the provisions of subsection
(d)a violation of subsection (a). Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each develop education guidelines regarding the physical and mental health needs of pregnant prisoners, and the use of restrictive housing placements and the use of restraints on female prisoners during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines into appropriate education programs. Such education guidelines shall include— how to identify certain symptoms of pregnancy that require immediate referral to a health care professional; in the case that an exception under subsection (b)(1) applies, how to apply restraints in a way that does not harm the prisoner, the fetus, or the neonate; circumstances under which the exceptions under subsection (b)(3) would apply; the information required to be reported under subsection (d); and the right of a health care professional to request that restraints not be used, and the requirement under subsection (b)(2)(B) to comply with such a request. In developing the guidelines required by paragraph (1), the Directors shall each consult with health care professionals, professional associations, and United States Department of Health and Human Services entities with expertise in caring for women during the period of pregnancy and postpartum recovery. . The table of sections at the beginning of chapter 317 of title 18, United States Code, is amended by adding after the item relating to section 4321 the following: 4322. Use of restraints and restrictive housing on prisoners during the period of pregnancy, labor, and postpartum recovery prohibited and to improve pregnancy care for women in Federal prisons. .