Sec. 1001. Improving the treatment of primary caretaker parents and other individuals in Federal prisons
921 words·~4 min read·
/bill/117/hr/2471/eah/section-1001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 12-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; is victim or witness of a crime; has filed a nonfrivolous civil rights claim in Federal or State court; 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, consider placing the prisoner as close to the children as possible; 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 paragraph
(1)in a segregated housing unit shall be limited and temporary. The Director shall assess the need for family-focused programming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs. The Director shall provide voluntary 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 ( 42 U.S.C. 2000d et seq. ). 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 may have a mental or physical health need relating to trauma the prisoner has experienced; and refer a prisoner described in paragraph
(1)to the proper health care professional for diagnosis and treatment. The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on— how to interact with children in an age-appropriate manner, and the children’s caregivers; basic childhood and adolescent development information; and basic customer service skills. 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 make rules— on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products. The Director shall ensure that all prisoners have access to a gynecologist as appropriate. Nothing in paragraph
(1)shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 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 progress 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. .
Connectionstraces to 3
Citation graph
cites case law
Sec. 1001
Improving the treatment of primary caretaker parents and other individuals in Federal prisons
Cites 3Cited by 0 across 0 sources