,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fabi ,,in ,,the ,,house ,,of ,,representatives ,march #i1 #bjbj,ms4 ,pressley 7for herself1 ,ms4 ,underwood1 ,ms4 ,adams1 ,ms4 ,sewell of ,alabama1 ,ms4 ,norton1 ,ms4 ,scanlon1 ,ms4 ,moore1 ,mr4 ,clay1 ,mr4 ,khanna1 and ,mr4 ,lawson of ,florida7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide improved care and protection to incarcerated mothers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice for ,incarcerated ,moms ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that the respect and proper care that mothers deserve is inclusive1 and whether the mothers are transgender1 cisgender1 or gender nonconforming1 all deserve dignity4 #c4 ,ending the shackling of pregnant individuals 7a7 ,in general ,beginning on the date that is #f months after the date of enactment of this ,act1 and annually thereafter1 in each ,state that received a grant under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 7commonly referred to as the ,edward ,byrne ,memorial ,justice ,grant ,program7 and that does not have in effect throughout the ,state for such fiscal year laws restricting the use of restraints on pregnant individuals in prison that are substantially similar to the rights1 procedures1 requirements1 effects1 and penalties set forth in section #dcbb of title #ah1 ,united ,states ,code1 the amount of such grant that would otherwise be allocated to such ,state under such subpart for the fiscal year shall be decreased by #be percent4 7b7 ,reallocation ,amounts not allocated to a ,state for failure to comply with subsection 7a7 shall be reallocated in accordance with subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 to ,states that have complied with such subsection4 #d4 ,creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,director of the ,bureau of ,prisons1 shall establish1 in not more than #f ,bureau of ,prisons facilities1 programs to optimize maternal health outcomes for pregnant and postpartum individuals incarcerated in such facilities4 ,the ,attorney ,general shall establish such programs in consultation with stakeholders such as-- 7#a7 relevant community-based organizations1 particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for minority women2 7#b7 relevant organizations representing patients1 with a particular focus on minority patients2 7#c7 relevant organizations representing maternal health care providers2 7#d7 nonclinical perinatal health workers such as doulas1 community health workers1 peer supporters1 certified lactation consultants1 nutritionists and dietitians1 social workers1 home visitors1 and navigators2 and 7#e7 researchers and policy experts in fields related to women's health care for incarcerated individuals4 7b7 ,start date ,each selected facility shall begin facility programs not later than #ah months after the date of enactment of this ,act4 7c7 ,facility priority ,in carrying out subsection 7a71 the ,director shall give priority to a facility based on-- 7#a7 the number of pregnant and postpartum individuals incarcerated in such facility and1 among such individuals1 the number of pregnant and postpartum minority individuals2 and 7#b7 the extent to which the leaders of such facility have demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in such facility4 7d7 ,program duration ,the programs established under this section shall be for a #e-year period4 7e7 ,programs ,bureau of ,prisons facilities selected by the ,director shall establish programs for pregnant and postpartum incarcerated individuals1 and such programs may-- 7#a7 provide access to doulas and other perinatal health workers from pregnancy through the postpartum period2 7#b7 provide access to healthy foods and counseling on nutrition1 recommended activity levels1 and safety measures throughout pregnancy2 7#c7 train correctional officers and medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed1 culturally congruent care that promotes the health and safety of the pregnant individuals2 7#d7 provide counseling and treatment for individuals who have suffered from-- 7,a7 diagnosed mental or behavioral health conditions1 including trauma and substance use disorders2 7,b7 domestic violence2 7,c7 human immunodeficiency virus2 7,d7 sexual abuse2 7,e7 pregnancy or infant loss2 or 7,f7 chronic conditions1 including heart disease1 diabetes1 osteoporosis and osteopenia1 hypertension1 asthma1 liver disease1 and bleeding disorders2 7#e7 provide pregnancy and childbirth education1 parenting support1 and other relevant forms of health literacy2 7#f7 offer opportunities for postpartum individuals to maintain contact with the individual's newborn child to promote bonding1 including enhanced visitation policies1 access to prison nursery programs1 or breastfeeding support2 7#g7 provide reentry assistance1 particularly to-- 7,a7 ensure continuity of health insurance coverage if an incarcerated individual exits the criminal justice system during such individual's pregnancy or in the postpartum period2 and 7,b7 connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources1 such as referrals to health care providers and social services that address social determinants of health like housing1 employment opportunities1 transportation1 and nutrition2 or 7#h7 establish partnerships with local public entities1 private community entities1 community-based organizations1 ,indian ,tribes and tribal organizations 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 and urban ,indian organizations 7as such term is defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc77 to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals4 ,such programs may include-- 7,a7 parenting classes2 7,b7 prenatal health coordination2 7,c7 family and individual counseling2 7,d7 evidence-based screenings1 education1 and1 as needed1 treatment for mental and behavioral health conditions1 including drug and alcohol treatments2 7,e7 family case management services2 7,f7 domestic violence education and prevention2 7,g7 physical and sexual abuse counseling2 and 7,h7 programs to address social determinants of health such as employment1 housing1 education1 transportation1 and nutrition4 7f7 ,implementation and reporting ,a selected facility shall be responsible for-- 7#a7 implementing programs1 which may include the programs described in subsection 7e72 and 7#b7 not later than #c years after the date of enactment of this ,act1 and not #f years after the date of enactment of this ,act1 reporting results of the programs to the ,director1 including information describing-- 7,a7 relevant quantitative indicators of success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals who participated in such programs1 including data stratified by race1 ethnicity1 sex1 age1 geography1 disability status1 the category of the criminal charge against such individual1 rates of pregnancy-related deaths1 pregnancy-associated deaths1 cases of infant mortality1 cases of severe maternal morbidity1 cases of violence against pregnant or postpartum individuals1 diagnoses of maternal mental or behavioral health conditions1 and other such information as appropriate2 7,b7 relevant qualitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs1 including subjective measures of patient-reported experience of care2 7,c7 evaluations of cost effectiveness2 and 7,d7 strategies to sustain such programs beyond #bjbf4 7g7 ,report ,not later than #g years after the date of enactment of this ,act1 the ,director shall submit to the ,attorney ,general and to the ,committee on the ,judiciary of the ,house of ,representatives and the ,senate a report describing the results of the programs funded under this section4 7h7 ,oversight ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection 7e74 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #e4 ,grant program to improve maternal health outcomes for individuals in ,state and local prisons and jails 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance1 shall award ,justice for ,incarcerated ,moms grants to ,states to establish or expand programs in ,state and local prisons and jails for pregnant and postpartum incarcerated individuals4 ,the ,attorney ,general shall award such grants in consultation with stakeholders such as-- 7#a7 relevant community-based organizations1 particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for minority women2 7#b7 relevant organizations representing patients1 with a particular focus on minority patients2 7#c7 relevant organizations representing maternal health care providers2 7#d7 nonclinical perinatal health workers such as doulas1 community health workers1 peer supporters1 certified lactation consultants1 nutritionists and dietitians1 social workers1 home visitors1 and navigators2 and 7#e7 researchers and policy experts in fields related to women's health care for incarcerated individuals4 7b7 ,applications ,each applicant for a grant under this section shall submit to the ,director of the ,bureau of ,justice ,assistance an application at such time1 in such manner1 and containing such information as the ,director may require4 7c7 ,use of funds ,a ,state that is awarded a grant under this section shall use such grant to establish or expand programs for pregnant and postpartum incarcerated individuals1 and such programs may-- 7#a7 provide access to doulas and other perinatal health workers from pregnancy through the postpartum period2 7#b7 provide access to healthy foods and counseling on nutrition1 recommended activity levels1 and safety measures throughout pregnancy2 7#c7 train correctional officers and medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed1 culturally congruent care that promotes the health and safety of the pregnant individuals2 7#d7 provide counseling and treatment for individuals who have suffered from-- 7,a7 diagnosed mental or behavioral health conditions1 including trauma and substance use disorders2 7,b7 domestic violence2 7,c7 human immunodeficiency virus2 7,d7 sexual abuse2 7,e7 pregnancy or infant loss2 or 7,f7 chronic conditions1 including heart disease1 diabetes1 osteoporosis and osteopenia1 hypertension1 asthma1 liver disease1 and bleeding disorders2 7#e7 provide pregnancy and childbirth education1 parenting support1 and other relevant forms of health literacy2 7#f7 offer opportunities for postpartum individuals to maintain contact with the individual's newborn child to promote bonding1 including enhanced visitation policies1 access to prison nursery programs1 or breastfeeding support2 7#g7 provide reentry assistance1 particularly to-- 7,a7 ensure continuity of health insurance coverage if an incarcerated individual exits the criminal justice system during such individual's pregnancy or in the postpartum period2 and 7,b7 connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources1 such as referrals to health care providers and social services that address social determinants of health like housing1 employment opportunities1 transportation1 and nutrition2 or 7#h7 establish partnerships with local public entities1 private community entities1 community-based organizations1 ,indian ,tribes and tribal organizations 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 and urban ,indian organizations 7as such term is defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc77 to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals4 ,such programs may include-- 7,a7 parenting classes2 7,b7 prenatal health coordination2 7,c7 family and individual counseling2 7,d7 evidence-based screenings1 education1 and1 as needed1 treatment for mental and behavioral health conditions1 including drug and alcohol treatments2 7,e7 family case management services2 7,f7 domestic violence education and prevention2 7,g7 physical and sexual abuse counseling2 and 7,h7 programs to address social determinants of health such as employment1 housing1 education1 transportation1 and nutrition4 7d7 ,priority ,in awarding grants under this section1 the ,director of the ,bureau of ,justice ,assistance shall give priority to applicants based on-- 7#a7 the number of pregnant and postpartum individuals incarcerated in the ,state and1 among such individuals1 the number of pregnant and postpartum minority individuals2 and 7#b7 the extent to which the ,state has demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated the prisons and jails in the ,state4 7e7 ,grant duration ,a grant awarded under this section shall be for a #e-year period4 7f7 ,implementing and reporting ,a ,state that receives a grant under this section shall be responsible for-- 7#a7 implementing the program funded by the grant2 and 7#b7 not later than #c years after the date of enactment of this ,act1 and #f years after the date of enactment of this ,act1 reporting results of such program to the ,attorney ,general1 including information describing-- 7,a7 relevant quantitative indicators of the program's success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals who participated in such program1 including data stratified by race1 ethnicity1 sex1 age1 geography1 disability status1 category of the criminal charge against such individual1 incidence rates of pregnancy-related deaths1 pregnancy-associated deaths1 cases of infant mortality1 cases of severe maternal morbidity1 cases of violence against pregnant or postpartum individuals1 diagnoses of maternal mental or behavioral health conditions1 and other such information as appropriate2 7,b7 relevant qualitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs1 including subjective measures of patient-reported experience of care2 7,c7 evaluations of cost effectiveness2 and 7,d7 strategies to sustain such programs beyond the duration of the grant4 7g7 ,report ,not later than #g years after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,senate a report describing the results of such grant programs4 7h7 ,oversight ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection 7c74 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #f4 ,,gao report 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on adverse maternal health outcomes among incarcerated individuals1 with a particular focus on racial and ethnic disparities in maternal health outcomes for incarcerated individuals4 7b7 ,contents of report ,the report described in this section shall include-- 7#a7 to the extent practicable-- 7,a7 the number of incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities1 who have experienced a pregnancy-related death or pregnancy-associated death in the most recent #aj years of available data2 7,b7 the number of cases of severe maternal morbidity among incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local detention facilities1 in the most recent year of available data2 and 7,c7 statistics on the racial and ethnic disparities in maternal and infant health outcomes and severe maternal morbidity rates among incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local detention facilities2 7#b7 in the case that the ,comptroller ,general of the ,united ,states is unable determine the information required in paragraphs 7#a7 through 7#d71 an assessment of the barriers to determining such information and recommendations for improvements in tracking maternal health outcomes among incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local detention facilities2 7#c7 causes of adverse maternal health outcomes that are unique to incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local detention facilities2 7#d7 causes of adverse maternal health outcomes and severe maternal morbidity that are unique to incarcerated individuals of color2 7#e7 recommendations to reduce maternal mortality and severe maternal morbidity among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for incarcerated individuals in ,bureau of ,prisons facilities and ,state and local prisons and jails2 and 7#f7 such other information as may be appropriate to reduce the occurrence of adverse maternal health outcomes among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for such individuals4 #g4 ,,macpac report 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,medicaid and ,,chip ,payment and ,access ,commission 7referred to in this section as ,,macpac7 shall publish a report on the implications of pregnant and postpartum incarcerated individuals being ineligible for medical assistance under a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7b7 ,contents of report ,the report described in this section shall include-- 7#a7 information on the effect of ineligibility for medical assistance under a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 on maternal health outcomes for pregnant and postpartum incarcerated individuals1 concentrating on the effects of such ineligibility for pregnant and postpartum individuals of color2 and 7#b7 the potential implications on maternal health outcomes resulting from suspending eligibility for medical assistance under a ,state plan under such title of such ,act when a pregnant or postpartum individual is incarcerated4 #h4 ,definitions ,in this ,act3 7#a7 ,culturally congruent ,the term culturally congruent means in agreement with the preferred cultural values1 beliefs1 worldview1 and practices of the health care consumer and other stakeholders4 7#b7 ,postpartum ,the term postpartum means the one-year period beginning on the last day of an individual's pregnancy4