Sec. 1002. HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS
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## SEC. 1002 HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS **[**[18 U.S.C. 4042 note](/us/usc/t18/s4042)**]** ###
(a)Short Title This section may be cited as the “Stop Infant Mortality and Recidivism Reduction Act” or the “SIMARRA Act”. ###
(b)Establishment Not later than 270 days after the date of enactment of this Act, the Director of the Bureau of Prisons (in this section referred to as the “Director”) shall establish a pilot program (in this section referred to as the “Program”) in accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment. ###
(c)Purposes The purposes of this section are to— ####
(1)prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates; ####
(2)reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs; ####
(3)utilize a female offender risk and needs assessment to encourage a more effective and efficient Federal prison system; ####
(4)utilize a validated post-sentencing risk and needs assessment system that relies on dynamic factors to provide Federal prison officials with information regarding needs of Federal pregnant offenders and enhance public safety; ####
(5)perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and ####
(6)assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run parenting programming safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforcement missions. ###
(d)Duties of the Director of Bureau of Prisons ####
(1)In general The Director shall carry out this section in consultation with— #####
(A)the Director of the Administrative Office of the United States Courts; #####
(B)the Director of the Office of Probation and Pretrial Services; and #####
(C)the Director of the National Institute of Justice. ####
(2)Duties The Director shall, in accordance with paragraph (3), and in addition to the mandates under section 3631 of title 18, United States Code— #####
(A)evaluate the female offender risk and needs assessment for its ability to address the particular health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this subsection; #####
(B)develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c); #####
(C)conduct ongoing research and data analysis on— ######
(i)the best practices relating to the use of offender risk and needs assessment tools for female offenders with a particular emphasis on how those tools address the health and sensitivities of federally incarcerated pregnant women and mothers; ######
(ii)potential improvements to risk and needs assessment tools for female offenders to address the health and sensitivities of federally incarcerated pregnant women and mothers; and ######
(iii)which recidivism reduction programs are the most effective— ######
(I)for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and ######
(II)for addressing the specific needs of federally incarcerated pregnant women and mothers; #####
(D)on a biennial basis, review any findings related to evaluations conducted under subparagraph
(A)and the recommendations developed under subparagraph (B), using the research conducted under subparagraph (C), to determine whether any revisions or updates should be made to female offender risk and needs assessment systems, and if so, make such revisions or updates; #####
(E)hold periodic meetings with the individuals listed in paragraph
(1)at intervals to be determined by the Director; #####
(F)develop tools to communicate parenting program availability and eligibility criteria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of Prisons facility understands the resources available to such inmate; and #####
(G)report to Congress in accordance with subsection (h). ####
(3)Methods In carrying out the duties under paragraph (2), the Director shall— #####
(A)consult relevant stakeholders; and #####
(B)make decisions using data that is based on available statistical and empirical evidence. ###
(e)Eligibility An inmate may apply to participate in the Program if the inmate— ####
(1)is pregnant at the beginning of or during the term of imprisonment; and ####
(2)is in the custody or control of the Bureau of Prisons. ###
(f)Program Terms ####
(1)Term of participation To correspond with the purposes and goals of the Program to promote bonding during the critical stages of child development, an eligible inmate selected for the Program may participate in the Program, subject to subsection (g), until the earliest of— #####
(A)the date that the inmate’s term of imprisonment terminates; or #####
(B)the date the infant fails to meet any medical criteria established by the Director. ####
(2)Inmate requirements For the duration of an inmate’s participation in the Program, the inmate shall agree to— #####
(A)take substantive steps towards acting in the role of a parent or guardian to any child of that inmate; #####
(B)participate in any recommended educational or counseling opportunities, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate; #####
(C)abide by any court decision regarding the legal or physical custody of the child; and #####
(D)specify a person who has agreed to take at least temporary custody of the child if the inmate’s participation in the Program terminates before the inmate’s release. ###
(g)Continuity of Care The Director shall take appropriate actions to prevent detachment or disruption of either an inmate’s or infant’s health and bonding-based well-being due to termination of the Program. ###
(h)Reporting ####
(1)In general Not later than 6 months after the date of enactment of this Act, and once each year thereafter for 5 years, the Director shall submit a progress report to the Congress with regards to implementing the Program. ####
(2)Final report Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that contains a detailed statement of the Director’s findings and conclusions, including recommendations for legislation, administrative actions, and regulations the Director considers appropriate.
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Sec. 1002
HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS
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