Sec. 1101. Improving the treatment of primary caretaker parents and other individuals in federal prisons
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This section may be cited as the Ramona Brant Improvement of Conditions for Women in Federal Custody Act . Chapter 303 of title 18, United States Code, is amended by adding at the end the following: In this section— the term correctional officer means a correctional officer of the Bureau of Prisons; the term covered institution means a Federal penal or correctional institution; the term Director means the Director of the Bureau of Prisons; the term post-partum recovery means the first 8-week period of post-partum recovery after giving birth; the term primary caretaker parent has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act ( 34 U.S.C. 12242 ); the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and the term vulnerable person means an individual who— is under 21 years of age or over 60 years of age; is pregnant; identifies as lesbian, gay, bisexual, transgender, or intersex; is victim or witness of a crime; has filed a nonfrivolous civil rights claim in Federal or State court; has a serious mental or physical illness or disability; or during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence— by any court or administrative judicial proceeding; by any corrections official; by the individual’s attorney or legal service provider; or by the individual.
The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners. In determining the placement of a prisoner, the office established under paragraph
(1)shall— if the prisoner has children, place the prisoner as close to the children as possible; in deciding whether to assign a transgender or intersex prisoner to a facility for male or female prisoners, and in making other housing and programming assignments, consider on a case-by-case basis whether a placement would ensure the prisoner’s health and safety, including serious consideration of the prisoner’s own views with respect to their safety, and whether the placement would present management or security problems; and consider any other factor that the office determines to be appropriate. A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others. Any placement of a prisoner described in subparagraph
(A)in a segregated housing unit shall be limited and temporary. The Director shall provide parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964. The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to— identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced; and refer a prisoner described in paragraph
(1)to the proper healthcare professional for treatment. The Director shall ensure that all prisoners receive adequate health care. The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The Director shall ensure that all prisoners have access to a gynecologist as appropriate. The Director shall make rules under which— a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless— the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff is available to assist; or the prisoner has previously requested that an officer of a different sex conduct searches; a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— a prisoner in the restroom presents a risk of immediate harm to themselves or others; or there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist; a transgender prisoner’s sex is determined according to the sex with which they identify; and a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex. Nothing in paragraph
(1)shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq.). . Section 3621(e) of title 18, United States Code, is amended by adding at the end the following: The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as defined in section 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph
(1)on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons. . Not later than 2 years after the date of enactment of this Act, the Director of the Bureau of Prisons shall implement this section and the amendments made by this section. Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this section and the amendments made by this section. The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Treatment of primary caretaker parents and other individuals. .
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Sec. 1101
Improving the treatment of primary caretaker parents and other individuals in federal prisons
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