,,ii #aahth ,,congress #ast ,session ,s4 #cbdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #h1 #bjbc,mrs4 ,murray 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,butler1 ,mr4 ,cardin1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,fetterman1 ,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,mr4 ,menendez1 ,mr4 ,merkley1 ,mr4 ,padilla1 ,mr4 ,reed1 ,mr4 ,sanders1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to safeguard the humane treatment of pregnant women by ensuring the presumption of release and prohibiting shackling1 restraining1 and other inhumane treatment of pregnant detained noncitizens1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,shackling and ,detaining ,pregnant ,women ,act4 #b4 ,limitation on detention of pregnant women and mothers of newborns 7a7 ,presumption of release 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary-- 7,a7 shall not detain an individual under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 who is known to be pregnant1 lactating1 or postpartum1 pending a decision with respect to whether the individual is to be removed from the ,united ,states2 and 7,b7 shall immediately release any detained noncitizen found to be pregnant4 7#b7 ,exceptions ,the ,secretary may detain pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 an individual who is known to be pregnant1 lactating1 or postpartum-- 7,a7 under extraordinary circumstances in which the ,secretary makes an individualized determination that credible1 reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others2 and 7,b7 if such detention is the least restrictive means available to mitigate such threat4 7#c7 ,removal ,in a case in which detention is the least restrictive means of effectuating the removal from the ,united ,states of a pregnant individual subject to a final order of deportation or removal1 the ,secretary may1 solely for the purpose of such deportation or removal1 detain the pregnant individual for a period that is-- 7,a7 the shortest possible period immediately preceding the deportation or removal of the individual from the ,united ,states2 and 7,b7 not more than #e days4 7b7 ,biweekly review required 7#a7 ,in general ,with respect to a noncitizen detained under paragraph 7#b7 of subsection 7a71 not less frequently than every #ad days1 the ,secretary shall conduct an individualized review to determine whether the detained noncitizen continues to be subject to detention under that paragraph4 7#b7 ,release ,in the case of a determination under paragraph 7#a7 that a pregnant noncitizen is no longer subject to detention under subsection 7a77#b71 not later than #bd hours after the ,secretary makes the determination1 the ,secretary shall release the noncitizen4 #c4 ,humane treatment of pregnant detained noncitizens while in detention and custody 7a7 ,prohibition on restraint of pregnant detained noncitizens 7#a7 ,prohibition ,except as provided in paragraph 7#b71 restraints shall not be used on a noncitizen in the physical custody of the ,department of ,homeland ,security who is known to be-- 7,a7 pregnant1 including during-- 7i7 labor2 7ii7 transport to a medical facility or birthing center2 or 7iii7 delivery2 7,b7 lactating2 or 7,c7 postpartum4 7#b7 ,exceptions 7,a7 ,in general ,notwithstanding paragraph 7#a71 subject to subparagraph 7,b71 use of a restraint on a detained noncitizen described in paragraph 7#a7 may be permitted only in an extraordinary circumstance1 except in the case of a medical contraindication1 in which the facility administrator has ordered the use of the restraint after making an individualized determination that-- 7i7 credible1 reasonable grounds exist to believe the detained noncitizen presents an immediate and serious threat of hurting themselves1 staff1 or others2 or 7ii7 reasonable grounds exist to believe the detained noncitizen presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method4 7,b7 ,requirement for least restrictive restraints ,in the rare event of an extraordinary circumstance described in subparagraph 7,a71 only the least restrictive restraint necessary shall be used1 except that-- 7i7 if a doctor1 nurse1 or other health professional treating a detained noncitizen requests that a restraint not be used1 the detention officer accompanying the detained noncitizen shall immediately remove any restraint2 and 7ii7 under no circumstance shall-- 7,i7 a leg1 waist1 or #d-point restraint be used2 7,,ii7 a wrist restraint be used to bind the hands of such a detained noncitizen behind the back of the detained noncitizen or to another individual2 7,,iii7 a detained noncitizen be restrained in a face-down position or on their back2 or 7,,iv7 any restraint be used on any detained noncitizen who is in labor or delivering4 7#c7 ,record of extraordinary circumstances 7,a7 ,requirements ,if a restraint is used on a detained noncitizen pursuant to paragraph 7#b77;,a71 not later than #e days after the date on which the restraint was used1 the facility administrator shall-- 7i7 record in writing the finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint2 and 7ii7 submit the finding to the ,director4 7,b7 ,retention 7i7 ,facility ,with respect to a written finding under subparagraph 7,a77i71 the facility administrator shall-- 7,i7 keep the finding on file at the applicable facility for not less than #e years after the date on which the restraint was used2 and 7,,ii7 make a copy of the finding available for public inspection on request1 only after making appropriate redactions so as to protect personally identifiable information4 7ii7 ,immigration and ,customs ,enforcement ,with respect to a written finding submitted to the ,director under subparagraph 7,a77ii71 the ,director shall maintain the written finding and make the finding available for public inspection only after making appropriate redactions so as to protect personally identifiable information4 7b7 ,prohibition on presence of nonmedical staff 7#a7 ,in general ,except as provided in paragraph 7#b71 nonmedical staff shall not be present in the room during a pelvic exam1 labor1 delivery1 or treatment of any other symptom relating to a pregnancy of a detained noncitizen1 unless specifically requested by medical personnel4 7#b7 ,exception ,if the presence of nonmedical staff is requested by medical personnel1 the nonmedical staff shall-- 7,a7 be of the detained noncitizen's gender of choice1 if practicable2 and 7,b7 remain at a reasonable distance from the detained noncitizen and face toward the detained noncitizen's head to protect the privacy of the detained noncitizen4 7#c7 ,use of restraints ,if a restraint is used on a detained noncitizen pursuant to subsection 7a77#b77;,a71 an employee of the ,department of ,homeland ,security shall remain immediately outside the room at all times so that the employee may promptly remove the restraint if requested by medical personnel1 as required by subsection 7a77#b77;,b77i74 7c7 ,access to services 7#a7 ,u4,s4 ,immigration and ,customs ,enforcement custody ,a pregnant detained noncitizen in the custody of ,u4,s4 ,immigration and ,customs ,enforcement shall have access to health care services1 including comprehensive services relating to reproductive health care and pregnancy1 including-- 7,a7 routine or specialized prenatal care2 7,b7 comprehensive counseling and assistance2 7,c7 postpartum physical and mental health care1 including substance use disorder treatment2 7,d7 lactation services2 and 7,e7 abortion services4 7#b7 ,u4,s4 ,customs and ,border ,protection custody ,the ,commissioner shall ensure that minimum standards of care are met for pregnant detained noncitizens in the custody of ,u4,s4 ,customs and ,border ,protection4 #d4 ,notice of rights and training 7a7 ,notice of detained noncitizen rights ,the ,secretary shall provide to each detained noncitizen1 in the detained noncitizen's native language1 notice of the detained noncitizen's rights under this ,act4 7b7 ,training for ,,dhs employees ,at the time of hiring1 and annually thereafter1 the ,secretary shall provide training on the requirements of this ,act to each employee of the ,department of ,homeland ,security who has a role in the detention or care of a pregnant detained noncitizen or a postpartum parent of a newborn detained under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #e4 ,reporting2 rulemaking 7a7 ,reports 7#a7 ,reports by facility administrators ,not later than #cj days after the end of each quarter fiscal year1 the facility administrator of each facility that detained a pregnant noncitizen during the quarter shall submit to the ,secretary a written report that includes1 with respect to the facility during the quarter1 the following3 7,a7 ,an account of every instance of the use of a restraint on a pregnant detained noncitizen during pregnancy1 labor1 or postpartum recovery1 including the type of restraint1 the justification for the use of such restraint1 and the name of the facility administrator who made the individualized determination under section #c7;a77#b77;,a74 7,b7 ,the number of pregnant noncitizens held at the facility4 7,c7 ,the average length of detention of pregnant noncitizens4 7,d7 ,the number of pregnant noncitizens detained longer than #ae days4 7,e7 ,the number of pregnant noncitizens detained longer than #cj days4 7,f7 ,the number of pregnant noncitizens who gave birth while detained1 and a description of the outcomes of such pregnancies1 including any pregnancy that resulted in a live birth1 stillbirth1 miscarriage1 abortion1 ectopic pregnancy1 maternal death1 neonatal death1 or preterm birth4 7#b7 ,audit and reports by ,secretary ,not later than #ij days after the end of each fiscal year1 the ,secretary shall-- 7,a7 complete an audit of the information submitted under subparagraphs 7,b7 through 7,e7 of paragraph 7#a72 7,b7 submit to the appropriate committees of ,congress a report that includes all information submitted under paragraph 7#a71 disaggregated by facility2 and 7,c7 issue regulations in accordance with national standards regarding minimum standards facilities should provide4 7#c7 ,privacy ,a report submitted under this subsection shall not contain the individually identifying information of any detained noncitizen4 7#d7 ,public inspection 7,a7 ,in general ,except as provided in subparagraph 7,b71 a report submitted under this subsection shall be made available for public inspection4 7,b7 ,facility administrator ,a report submitted under this subsection that is made available for public inspection shall not contain the name of the facility administrator otherwise included under paragraph 7#a77;,a74 7b7 ,rulemaking ,the ,secretary shall adopt regulations or policies to carry out this ,act at each facility4 #f4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,detained noncitizen ,the term detained noncitizen includes any adult or juvenile individual detained by any ,federal1 ,state1 or local law enforcement agency 7including under contract or agreement with such agency7 under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#d7 ,detention officer ,the term detention officer means an individual who-- 7,a7 works at a facility1 including an individual who works at a facility pursuant to a contract or subcontract2 and 7,b7 performs duties relating to the security1 custody1 or transport of individuals in custody4 7#e7 ,director ,the term ,director means the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#f7 ,facility ,the term facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,secretary of ,homeland ,security1 including a facility that-- 7,a7 holds such individuals under a contract or agreement with the ,director or the ,commissioner2 or 7,b7 is used1 in whole or in part1 to hold individuals pursuant to an immigration detainer or similar request4 7#g7 ,facility administrator ,the term facility administrator means the official responsible for oversight of a facility1 or the designee of such official4 7#h7 ,postpartum ,the term postpartum means the #a-year period1 or longer1 as determined by the licensed health care provider of the individual concerned1 following delivery1 including the entire period during which the individual is in a medical facility1 birthing center1 or infirmary after birth4 7#i7 ,restraint ,the term restraint-- 7,a7 means any physical restraint or mechanical device used to control the movement of the body or limbs of a detained noncitizen's body1 including-- 7i7 flex cuffs2 7ii7 soft restraints2 7iii7 hard metal handcuffs2 7iv7 a black box2 7v7 ,chubb cuffs2 7vi7 leg irons2 7vii7 belly chains2 7viii7 a security 7tether7 chain2 7ix7 a convex shield2 and 7x7 any other type of shackles2 and 7,b7 does not include medical restraints4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4