Sec. 4. Use of restrictive housing and restraints on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited
1,379 words·~6 min read·
/bill/116/hr/7718/rh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4322 of title 18, United States Code, is amended to read as follows: Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than 12 weeks after delivery, an incarcerated woman 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)shall not apply if the senior Bureau of Prisons official or United States Marshals Service official overseeing women’s health and services and a health care professional responsible for the health and safety of the incarcerated woman determines that the use of restraints is appropriate for the medical safety of the woman, and the health care professional reviews such determination not later than every 6 hours after such use is initially approved until such use is terminated. 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 woman. Immediately upon the cessation of the use of restraints or restrictive housing as outlined in this subsection, the Director of the Bureau of Prisons or the United States Marshal Service shall provide the incarcerated woman with immediate access to physical and mental health assessments and all recommended treatment. The prohibition under subsection
(a)relating to restrictive housing shall not apply if the Director of the Bureau of Prisons or a senior Bureau of Prisons 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. The official who makes a determination under subparagraph
(A)shall review such determination every 4 hours for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing. The official who makes a determination under subparagraph
(A)shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time, not to exceed 2 days. An incarcerated woman who is placed in restrictive housing pursuant to this paragraph shall be— monitored every hour; placed in a location visible to correctional officers; and prohibited from being placed in solitary confinement if the incarcerated woman is in her third trimester. If an official identified in subsection (b)(1) or a correctional officer uses restraints on an incarcerated woman under subsection (b), that official (or an officer or marshal designated by that official) or correctional officer shall submit, not later than 30 days after placing the woman in restraints, to the Director of the Bureau of Prisons or the Director of the U.S. Marshal Service, as applicable, a written report which describes the facts and circumstances surrounding the use of restraints, and includes each of the following: A description of all attempts to use alternative interventions and sanctions before the restraints were used. A description of the circumstances that led to the use of restraints. Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again. Beginning on the date that is 6 months after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act , and every 6 months thereafter for a period of 10 years, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on— 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; and any resulting physical effects on the prisoner observed by or known to the corrections official or United States Marshal, as applicable. If an official identified in subsection (b)(3), correctional officer, or United States Marshal places or causes an incarcerated woman to be placed in restrictive housing under such subsection, that official, correctional officer, or United States Marshal shall submit, not later than 30 days after placing or causing the placement of the incarcerated woman 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 health care professional responsible for the health and safety of the woman, a written report which describes the facts and circumstances surrounding the restrictive housing placement, and includes the following: 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. A description of all attempts to use alternative interventions and sanctions before the restrictive housing was used. Any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman. Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again. Beginning on the date that is 6 months after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act , and every 6 months thereafter for a period of 10 years, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the information described in paragraph (3). Not later than 24 hours after the confirmation of an incarcerated woman’s pregnancy by a health care professional, that woman shall be notified, orally and in writing, by an appropriate health care professional, correctional officer, or United States Marshal, as applicable— of the restrictions on the use of restraints and restrictive housing placements under this section; of the incarcerated woman’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 incarcerated woman 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 an incarcerated person may report a violation of this section. The warden of the Bureau of Prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the incarcerated pregnant woman's rights under subsection (a). It shall be unlawful for any Bureau of Prisons or United States Marshal Service employee to retaliate against an incarcerated person for reporting under the provisions of subsection
(e)a violation of subsection (a). Not later than 90 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody 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 incarcerated pregnant women, and the use of restraints and restrictive housing placements on incarcerated women during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines into appropriate education programs. In this section: The term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman’s body, limbs, or both. The term restrictive housing means any type of detention that involves— removal from the general inmate population, whether voluntary or involuntary; placement in a locked room or cell, whether alone or with another inmate; and inability to leave the room or cell for the vast majority of the day. . The table of sections at the beginning of chapter 317 of title 18, United States Code, is amended by amending the item relating to section 4322 to read as follows: 4322. Use of restraints and restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited and to improve pregnancy care for women in Federal prisons. .