Pregnant Women in Custody Act

Summary#

This bill, the Pregnant Women in Custody Act, sets rules for how people who are pregnant and in custody should be treated. It applies to people held in Bureau of Prisons facilities, facilities run by U.S. Customs and Border Protection or Immigration and Customs Enforcement, and shelters run by the Office of Refugee Resettlement. The bill requires data collection on pregnant people in custody, minimum bonding time after birth, access to pregnancy-related health care and support services, limits on the use of restraints and restrictive housing during pregnancy and postpartum recovery, and special rules for high-risk pregnancies. It also requires training for staff, reports to Congress, technical assistance, and a Government Accountability Office study of state and local practices.

What it means for you#

• If you are pregnant and in custody at a covered facility, the bill would require pregnancy testing at intake (which you may decline), access to contraception and testing (for women of reproductive age in Bureau of Prisons facilities), prenatal education, lactation support, and other medical and support services.
• The bill requires at least 60 minutes of bonding time between a mother and newborn.
• It generally bans shackling, restraints, or placement in restrictive housing during pregnancy, labor, delivery, and for at least 12 weeks after delivery, except in narrow cases when an individualized finding shows a serious and immediate risk of physical harm.
• People with high-risk pregnancies can be evaluated and, if they agree, transferred to a Residential Reentry Center with adequate health care. Time spent there counts toward their sentence.
• Facilities must follow written protocols for pregnancy care, provide timely education and screening for mental health and substance use, and respond to unexpected births.
• The bill requires staff training, public reporting of administrative claims related to pregnant inmates, and allows a person harmed by a violation to sue for damages or other relief.

Expenses#

No publicly available information. The bill states that budgetary effects will be determined by reference to a PAYGO statement to be submitted by the Chairman of the House Budget Committee before a final vote, but it does not include cost figures in the text provided.

Proponents' View#

Supporters, as shown by the bill text and sponsors, aim to address the health and safety needs of incarcerated pregnant people. The bill’s provisions focus on ensuring access to prenatal and postpartum care, preventing the use of restraints and restrictive housing during pregnancy and postpartum recovery, keeping mothers and infants together when possible, collecting data to understand needs and outcomes, training staff, and creating reporting and review requirements to improve care.

Opponents' View#

No publicly available information.