Sec. 12. PWIC grant program
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/bill/116/hr/7718/rfs/section-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 508 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.) is amended to read as follows: This section may be cited as the Pregnant Women in Custody Grant Program of 2020 or the PWIC Act of 2020 . The Attorney General may make grants to eligible entities that have established a program to promote the health needs of incarcerated pregnant women in the criminal justice system at the State, tribal, and local levels or have declared their intent to establish such a program.
Eligible entities shall— promote the safety and wellness of pregnant women in custody; provide services for obstetrical and gynecological care, for women in custody; facilitate resources and support services for nutrition and physical and mental health, for women in custody; establish and maintain policies that are substantially similar to the limitations imposed under section 4322 of title 18, United States Code, limiting the use of restraints on pregnant women in custody; and maintain, establish, or build post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children.
A grant awarded under this section shall be for a period of not more than 5 years. An entity is eligible for a grant under this section if the entity is— a State or territory department of corrections; a tribal entity that operates a correctional facility; or a unit of local government that operates a prison or jail that houses women; or a locally-based nonprofit organization, that has partnered with a State or unit of local government that operates a correctional facility, with expertise in providing health services to incarcerated pregnant women.
To receive a grant under this section, an eligible entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including a detailed description of the need for the grant and an account of the number of individuals the grantee expects to benefit from the grant. Not more than 5 percent of a grant awarded under this section may be used for costs incurred to administer such grant. Notwithstanding any other provision of this Act, no funds provided under this section may be used, directly or indirectly, for construction projects, other than new construction or upgrade to a facility used to provide lactation, nursery, obstetrical, or gynecological services.
In determining the amount provided to a State or unit of local government under this section, the Attorney General shall give priority to States or units of local government that have enacted laws or policies and implemented services or pilot programs for incarcerated pregnant women aimed at enhancing the safety and wellness of pregnant women in custody, including providing services for obstetrical and gynecological care, resources and support services for nutrition and physical and mental health, and post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children.
A State that receives a grant under this section shall prioritize subgrants to a unit of local government within the State that has established a pilot program that enhances safety and wellness of pregnant women in custody. The Federal share of a grant under this section may not exceed 75 percent of the total costs of the projects described in the grant application. The requirement of paragraph
(1)may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable. Not later than 1 year after an eligible entity receives a grant under this section, such entity shall implement a policy that is substantially similar to the policy under section 3 of Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act . The Attorney General may provide a 120-day extension to an eligible entity that is making good faith efforts to collect the information required under paragraph (1). There are authorized to be appropriated to carry out this section, to remain available until expended— for fiscal year 2021, $5,000,000; for fiscal year 2022, $5,000,000; for fiscal year 2023, $5,000,000; for fiscal year 2024, $6,000,000; and for fiscal year 2025, $6,000,000. To receive a grant under this section, the eligible entity shall certify to the Attorney General that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services in the prison where funds will be used. Funds made available pursuant to this section that remain unobligated for a period of 6 months after the end of the fiscal year for which the funds have been appropriated shall be awarded to other recipients of this grant. A recipient of a grant under this section shall be subject to the nondiscrimination requirement under section 40002(b)(13) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(13) ). In this section, the term in custody means, with respect to an individual, that the individual is under the supervision of a Federal, State, tribal, or local correctional facility, including pretrial and contract facilities, and juvenile or medical or mental health facilities. .
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