,,ii #aahth ,,congress #b;d ,session ,s4 #djfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbd,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 improve maternal health policies in correctional facilities1 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 #ahj days after the date of enactment of this ,act1 and annually thereafter1 for 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 ,assistance ,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 correctional facilities 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 ,in general 7#a7 ,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 ,prisons 7referred to in this section as the ,director71 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 ,consultation with stakeholders ,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 pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 7,b7 relevant organizations representing patients1 with a particular focus on patients from demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 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 ,a facility selected under subsection 7a7 shall begin the programs described in subsection 7e7 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 demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 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 subsection 7e7 shall be carried out 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 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 and linguistically congruent care that promotes the health and safety of the pregnant individuals2 7#e7 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 trauma or violence1 including domestic violence2 7,c7 human immunodeficiency virus2 7,d7 sexual abuse2 7,e7 pregnancy or infant loss2 or 7,f7 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-- 7,a7 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 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 providers1 substance use disorder treatments1 and social services that address social determinants of maternal health2 or 7#aj7 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 individuals1 including-- 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 facility selected under subsection 7a7 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 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 primary language1 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 #bjbi 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 ,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 is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbe through #bjbi4 #d4 ,grant program to improve maternal health outcomes for individuals in ,state and local correctional facilities 7a7 ,in general 7#a7 ,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 ,assistance 7referred to in this section as the ,director71 shall award ,justice for ,incarcerated ,moms grants to ,states to establish or expand programs in ,state and local correctional facilities for pregnant and postpartum incarcerated individuals4 7#b7 ,consultation with stakeholders ,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 pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 7,b7 relevant organizations representing patients1 with a particular focus on patients from demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 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 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 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 and linguistically congruent care that promotes the health and safety of the pregnant individuals2 7#e7 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 trauma or violence1 including domestic violence2 7,c7 human immunodeficiency virus2 7,d7 sexual abuse2 7,e7 pregnancy or infant loss2 or 7,f7 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-- 7,a7 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 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 providers1 substance use disorder treatments1 and social services that address social determinants of maternal health2 or 7#aj7 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 individuals1 including-- 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 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 demographic groups with elevated rates of maternal mortality1 severe maternal morbidity1 maternal health disparities1 or other adverse perinatal or childbirth outcomes2 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 correctional facilities in the ,state4 7e7 ,grant duration ,a grant awarded under this section shall be for a period of #e years4 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 ,act reporting results of such program to the ,attorney ,general1 including information describing-- 7,a7 relevant quantitative indicators of the success of the program 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 primary language1 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 ,congress a report describing the results of programs carried out using grants under this subsection4 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 #bjbe through #bjbi4 #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 subsection 7a7 shall include-- 7#a7 to the extent practicable1 for the available data for the #aj years preceding the date of the report-- 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 infant2 7,c7 the number of cases of severe maternal morbidity among incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities2 7,d7 the number of stillbirths1 miscarriages1 and other adverse pregnancy outcomes experienced by incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities2 7,e7 the number of pregnant incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities1 receiving prenatal care2 7,f7 the number of preterm and low-birthweight births of infants born to incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities2 and 7,g7 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 correctional facilities2 7#b7 in the case that the ,comptroller ,general of the ,united ,states is unable determine the information required under 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 correctional facilities2 7#c7 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 seq471 including information about-- 7,a7 the effects of such ineligibility on maternal health outcomes for pregnant and postpartum incarcerated individuals1 with emphasis given to such effects for pregnant and postpartum individuals from racial and ethnic minority groups2 and 7,b7 potential implications on maternal health outcomes resulting from temporarily suspending1 rather than permanently terminating1 such eligibility when a pregnant or postpartum individual is incarcerated2 7#d7 the extent to which ,federal1 ,state1 and local correctional facilities are holding pregnant and postpartum individuals who test positive for illicit drug use in detention with special conditions1 such as additional bond requirements1 due to drug use by the individual1 and the effect of such detention policies on maternal and infant health outcomes2 7#e7 causes of adverse maternal health outcomes that are unique to incarcerated individuals1 including those incarcerated in ,federal1 ,state1 and local correctional facilities2 7#f7 causes of adverse maternal health outcomes and severe maternal morbidity that are unique to incarcerated individuals from racial and ethnic minority groups2 7#g7 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 correctional facilities2 and 7#h7 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