,,ii  #aagth ,,congress  #ast ,session  
,s4 #cda  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bb1      
#bjba,mr4 ,booker 7for himself1 ,mr4    
,durbin1 and ,ms4 ,hirono7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to provide      
justice for incarcerated moms1 and for  
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,justice for   
,incarcerated ,moms ,act4  #b4 ,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 receives
 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  #c4 ,creating model        
programs for the care of incarcerated   
individuals in the prenatal and         
postpartum periods  7a7 ,establishment  
7#a7 ,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 fewer 
than #f ,bureau of ,prisons facilities1 
programs to optimize maternal health    
outcomes for pregnant and postpartum    
individuals incarcerated in such        
facilities4  7#b7 ,required consultation
 ,the ,attorney ,general shall establish
 the programs authorized under paragraph
 7#a7 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 
pregnant and postpartum individuals from
 racial and ethnic minority groups2     
7,b7 relevant organizations representing
 patients1 with a particular focus on   
patients from racial and ethnic minority
 groups2  7,c7 organizations            
representing maternity care providers   
and maternal health care education      
programs2  7,d7 perinatal health        

workers2 and  7,e7 researchers and      
policy experts in fields related to     
maternal health care for incarcerated   
individuals4  7b7 ,start date ,each     
facility selected under subsection 7a7  
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 individuals from
 racial and ethnic minority groups2 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-- 7#a7 may-- 7,a7 provide
 access to 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 to ensure   
that pregnant incarcerated individuals  
receive safe and respectful treatment2  
7,d7 train 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,e7 provide counseling and treatment   
for individuals who have suffered from--
 7i7 diagnosed mental or behavioral     
health conditions1 including trauma and 
substance use disorders2  7ii7 trauma or
 violence1 including domestic violence2 
7iii7 human immunodeficiency virus2     

7iv7 sexual abuse2  7v7 pregnancy or    
infant loss2 or  7vi7 chronic           
conditions2  7,f7 provide evidence-based
 pregnancy and childbirth education1    
parenting support1 and other relevant   
forms of health literacy2  7,g7 provide 
clinical education opportunities to     
maternity care providers in training to 
expand pathways into maternal health    
care careers serving incarcerated       
individuals2  7,h7 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,i7 provide    
reentry assistance1 particularly to--   
7i7 ensure access to health insurance   
coverage and transfer of health records 
to community providers if an            
incarcerated individual exits the       
criminal justice system during such     
individual's pregnancy or in the        
postpartum period2 and  7ii7 connect    

individuals exiting the criminal justice
 system during pregnancy or in the      
postpartum period to community-based    
resources1 such as referrals to health  
care providers1 substance use disorder  
treatments1 and social services that    
address social determinants maternal of 
health2 or  7,j7 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 individuals2 and
  7#b7 may include-- 7,a7 evidence-based
 childbirth education or 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 #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 in the facility1 including  
data stratified by race1 ethnicity1 sex1
 gender1 age1 geography1 disability     
status1 the category of the criminal    
charge against such individual1 rates of
 pregnancy-related deaths1              
pregnancy-associated deaths1 cases of   
infant mortality and morbidity1 rates of
 preterm births and low-birthweight     
births1 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 and quantitative   
evaluations from pregnant and postpartum
 incarcerated individuals who           
participated in such programs1 including
 measures of patient-reported experience
 of care2 and  7,c7 strategies to       
sustain such programs after fiscal year 
#bjbf and expand such programs to other 

facilities4  7g7 ,report ,not later than
 #f years after the date of enactment of
 this ,act1 the ,director shall submit  
to the ,attorney ,general and to the    
,congress 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 are authorized to 
be appropriated to carry out this       
section #aj1jjj1jjj for each of fiscal  
years #bjbb through #bjbf4  #d4 ,grant  
program to improve maternal health      
outcomes for individuals in ,state and  
local prisons and jails  7a7            
,establishment  7#a7 ,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 ,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    
7#b7 ,required consultation ,the        
,attorney ,general shall award the      
grants authorized under paragraph 7#a7  
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 
pregnant and postpartum individuals from
 racial and ethnic minority groups2     
7,b7 relevant organizations representing
 patients1 with a particular focus on   
patients from racial and ethnic minority
 groups2  7,c7 organizations            
representing maternity care providers   
and maternal health care education      
programs2  7,d7 perinatal health        

workers2 and  7,e7 researchers and      
policy experts in fields related to     
maternal 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-- 7#a7  
may-- 7,a7 provide access to 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 to ensure that pregnant        
incarcerated individuals receive safe   
and respectful treatment2  7,d7 train   

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,e7 provide counseling and treatment   
for individuals who have suffered from--
 7i7 diagnosed mental or behavioral     
health conditions1 including trauma and 
substance use disorders2  7ii7 trauma or
 violence1 including domestic violence2 
7iii7 human immunodeficiency virus2     
7iv7 sexual abuse2  7v7 pregnancy or    
infant loss2 or  7vi7 chronic           
conditions2  7,f7 provide evidence-based
 pregnancy and childbirth education1    
parenting support1 and other relevant   
forms of health literacy2  7,g7 provide 
clinical education opportunities to     
maternity care providers in training to 
expand pathways into maternal health    
care careers serving incarcerated       
individuals2  7,h7 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,i7 provide    
reentry assistance1 particularly to--   
7i7 ensure access to health insurance   
coverage and transfer of health records 
to community providers if an            
incarcerated individual exits the       
criminal justice system during such     
individual's pregnancy or in the        
postpartum period2 and  7ii7 connect    
individuals exiting the criminal justice
 system during pregnancy or in the      
postpartum period to community-based    
resources1 such as referrals to health  
care providers1 substance use disorder  
treatments1 and social services that    
address social determinants of maternal 
health2 or  7,j7 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 individuals2 and
  7#b7 may include-- 7,a7 evidence-based
 childbirth education or 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 individuals  
from racial and ethnic minority groups2 
and  7#b7 the extent to which the ,state
 has demonstrated a commitment to       
developing exemplary programs for       
pregnant and postpartum individuals     
incarcerated in 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 in  
the facility1 including data stratified 
by race1 ethnicity1 sex1 gender1 age1   
geography1 disability status1 category  
of the criminal charge against such     
individual1 incidence rates of          
pregnancy-related deaths1               
pregnancy-associated deaths1 cases of   
infant mortality and morbidity1 rates of
 preterm births and low-birthweight     
births1 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 and quantitative   
evaluations from pregnant and postpartum
 incarcerated individuals who           

participated in such programs1 including
 measures of patient-reported experience
 of care2 and  7,c7 strategies to       
sustain such programs beyond the        
duration of the grant and expand such   
programs to other facilities4  7g7      
,report ,not later than #f years after  
the date of enactment of this ,act1 the 
,attorney ,general shall submit to the  
,congress 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 are authorized to 
be appropriated to carry out this       
section #aj1jjj1jjj for each of fiscal  
years #bjbb through #bjbf4  #e4 ,,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  
and infant health outcomes among        
incarcerated individuals and infants    
born to such individuals1 with a        
particular focus on racial and ethnic   
disparities in maternal and infant      
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        
pregnant individuals who are            
incarcerated in ,bureau of ,prisons     
facilities2  7,b7 the number of         
incarcerated individuals1 including     
those incarcerated in ,federal1 ,state1 
and local correctional facilities1 who  
have experienced a pregnancy-related    
death1 pregnancy-associated death1 or   
the death of an infant in the most      
recent #aj years of available data2     
7,c7 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 #aj years of available data2     
7,d7 the number of preterm and          
low-birthweight births of infants born  
to incarcerated individuals1 including  
those incarcerated in ,federal1 ,state1 
and local correctional facilities1 in   
the most recent #aj years of available  
data2 and  7,e7 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   
subparagraphs 7,a7 through 7,c7 of      
paragraph 7#a71 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 from 
racial and ethnic minority groups2  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  #f4 ,,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 seq47 that contains  
the information described in subsection 
7b74  7b7 ,information described ,the   
information described in this subsection
 includes-- 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 from racial and  

ethnic minority groups2 and  7#b7 the   
potential implications on maternal      
health outcomes resulting from          
suspending eligibility for medical      
assistance under a ,state plan under    
such title when a pregnant or postpartum
 individual is incarcerated4