Sec. 3. Care for federally incarcerated women related to pregnancy and childbirth
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The Director of the Bureau of Prisons shall ensure that appropriate services and programs are provided to women in custody, to address the health and safety needs of such women related to pregnancy and childbirth. The warden of each Bureau of Prisons facility that houses women shall ensure that these services and programs are implemented for women in custody at that facility. The Director of the Bureau of Prisons shall ensure that the following services and programs are available to women in custody:
The Director of the Bureau of Prisons shall provide to each woman in custody who is of reproductive age pregnancy testing, contraception, and testing for sexually transmitted diseases and provide each woman with the option to decline such services. On confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment, the chief health care professional of a Bureau of Prisons facility that houses women shall ensure that a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman and that such protocols are complied with, including an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate, as it relates to— housing or transfer to a lower bunk for safety reasons; appropriate bedding or clothing to respond to a woman’s changing physical requirements and the temperature in housing units; regular access to water and bathrooms; a diet that complies with the nutritional standards established by the Secretary of Agriculture and the Secretary of Health and Human Services in the Dietary Guidelines for Americans report published pursuant to section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341(a)(3) ), and that includes— any appropriate dietary supplement, including prenatal vitamins; timely and regular nutritious meals; additional caloric content in meals provided; a prohibition on withholding food from an incarcerated pregnant woman or serving any food that is used as a punishment, including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal; and such other modifications to the diet of the woman as the Director of the Bureau of Prisons determines to be necessary after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide; modified recreation and transportation, in accordance with standards within the obstetrical and gynecological care community, to prevent overexertion or prolonged periods of inactivity; and such other changes to living conditions as the Director of the Bureau of Prisons may require after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide.
In the case of a woman who is pregnant at intake or who becomes pregnant while in custody, that woman shall, at intake or not later than 48 hours after pregnancy is confirmed, as appropriate, receive prenatal education, counseling, and birth support services provided by a provider trained to provide such services, including— information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; information about family preservation support services that are available to the woman; information about the nutritional standards referred to in paragraph (2)(D); information pertaining to the health and safety risks of pregnancy, childbirth, and parenting, including postpartum depression; information on breastfeeding, lactation, and breast health; appropriate educational materials, resources, and services related to pregnancy, childbirth, and parenting; information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child’s participation in social welfare programs, including assistance under any State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) or benefits under the supplemental nutrition assistance program, as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ), or any State program carried out under that Act; and information from the Office of Child Support Enforcement of the Department of Health and Human Services regarding seeking or modifying child support while incarcerated, including how to participate in the Bureau of Prison’s Inmate Financial Responsibility Program under subpart B of title 28, Code of Federal Regulations (or any successor program).
In the case of a woman who gave birth in custody or who experienced any other pregnancy outcome during the 6-month period immediately preceding intake, that woman shall receive counseling provided by a licensed or certified provider trained to provide such services, including— information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; and information about family preservation support services that are available to the woman.
Not later than 1 day after an incarcerated woman notifies an employee of the Bureau of Prisons that the woman may be pregnant, a Bureau of Prisons healthcare care professional shall administer a pregnancy test to determine whether the woman is pregnant. Each woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the 6-month period immediately preceding intake or any time in custody thereafter shall be evaluated not later than 4 days after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions, including postpartum depression or depression related to a pregnancy outcome or early child care.
Screening shall include identification of any of the following risk factors: An existing mental or physical health condition or substance use disorder. Being underweight or overweight. Multiple births or a previous still birth. A history of preeclampsia. A previous Caesarean section. A previous miscarriage. Being older than 35 or younger than 15. Being diagnosed with the human immunodeficiency virus, hepatitis, diabetes, or hypertension. Such other risk factors as the chief health care professional of a Bureau of Prisons facility that houses women may determine to be appropriate.
Not later than 180 days after the date of enactment of this Act, the Attorney General shall make rules establishing procedures for responding to unexpected childbirth deliveries, labor complications, and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner. In the case of any woman in custody who, after an evaluation under paragraph (4), is diagnosed as having a substance use disorder or a mental health disorder, that woman shall be entitled to treatment in accordance with the following:
Treatment shall include participation in a support group, including a 12-step program, such as Alcoholics Anonymous, Narcotics Anonymous, and Cocaine Anonymous or a comparable nonreligious program. Treatment may include psychosocial interventions and medication. In the case that adequate treatment cannot be provided to a woman in custody in a Bureau of Prisons facility, the Director of the Bureau of Prisons shall transfer the woman to a residential reentry program that offers such treatment pursuant to section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ).
To the extent practicable, treatment for substance use disorders provided pursuant to this section shall be conducted in a licensed hospital.
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- 42 USC 290bb–1
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Sec. 3
Care for federally incarcerated women related to pregnancy and childbirth
Cite42 USC 290bb–1
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