Sec. 7. Use of restrictive housing on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited in the custody of Secretary of Homeland Security
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Chapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq. ) is amended by adding at the end the following: Except as provided in subsection (b), during the period beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than 12 weeks after delivery or longer as determined by the healthcare professional responsible for the health and safety of the woman in the custody of the U.S. Customs and Border Protection or incarcerated, detained, or sheltered by the U.S.
Immigration and Customs Enforcement or the Office of Refugee Resettlement of the Department of Health and Human Service, shall not be held in restrictive housing or be shackled or restrained during pregnancy, labor, or delivery. Subject to paragraph (4), the prohibition under subsection
(a)relating to restrictive housing shall not apply if the 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 daily for the purpose of removing a woman as quickly as feasible from restrictive housing. The official who makes a determination under subparagraph
(A)shall develop an individualized plan to move a woman to less restrictive housing within a reasonable amount of time. An woman who is placed in restrictive housing under this subsection may not be placed in solitary confinement if the incarcerated woman is in her third trimester. Not later than 30 days after the date on which a woman is placed in restrictive housing under subsection (b), the applicable official identified in subsection (b)(1) shall submit 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. Not later than 180 days after the date of enactment of the Pregnant Women in Custody Act, and every 180 days thereafter for a period of 10 years, the Secretary of Homeland Security and the Secretary of Health and Human Services 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 placement of women in restrictive housing under subsection (b), which shall include the information described in paragraph (1). Not later than 24 hours after the confirmation of the pregnancy of a woman by a health care professional, that woman shall be notified, orally and in writing, by the health care professional, as applicable— of the restrictions on the use of restrictive housing placements under this section; of the right of the woman to make a confidential report of a violation of restrictions on the use of restrictive housing placement; and that the facility staff have been advised of all rights of the woman under subsection (a). Not later than 180 days after the date of enactment of the Pregnant Women in Custody Act, the Secretary of Homeland Security and the Secretary of Health and Human Services shall establish processes through which an incarcerated person may report a violation of this section. The warden of a facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the rights of the pregnant woman under subsection (a). It shall be unlawful for any employee of a facility where a pregnant woman is in custody to retaliate against a person for reporting under the processes established under subsection
(e)a violation of subsection (a). Not later than 90 days after the date of enactment of the Pregnant Women in Custody Act, the Secretary of Homeland Security and the Secretary of Health and Human Services shall each— develop education guidelines regarding the physical and mental health needs of in custody pregnant women, and the use of restrictive housing placements on women during the period of pregnancy, labor, and postpartum recovery; and incorporate such guidelines into appropriate education programs. Any person injured by a violation of this section may bring a civil action in a United States district court against the Secretary of Homeland Security and the Secretary of Health and Human Services, as applicable, to obtain compensatory damages and injunctive relief or other equitable relief. In this section, 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. .
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Sec. 7
Use of restrictive housing on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited in the custody of Secretary of Homeland Security
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