,i #aaith ,,congress #b;d ,session ,h4 ,r4 #higf ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjbf,ms4 ,kamlager-,dove 7for herself1 ,mr4 ,johnson of ,georgia1 ,ms4 ,norton1 ,mrs4 ,beatty1 ,ms4 ,simon1 ,mrs4 ,watson ,coleman1 and ,ms4 ,lee of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,ways and ,means1 and ,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 for improvements in the treatment of women in the legal system4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,women in ,criminal ,justice ,reform ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,,gender-,,informed ,,arrest ,,and ,,law ,,enforcement ,,practices ,sec4 #aja4 ,protection of children at arrest4 ,sec4 #ajb4 ,grant program for gender-informed training of local law enforcement officers4 ,sec4 #ajc4 ,representation in law enforcement grant program4 ,title ,,ii--,,family ,,reunification ,,to ,,reduce ,,recidivism ,,and ,,protect ,,children ,sec4 #bja4 ,parent-focused bail reform4 ,sec4 #bjb4 ,temporary release from imprisonment to maintain community ties4 ,sec4 #bjc4 ,updating custody requirements to preserve families4 ,title ,,iii--,,gender-,,informed ,,alternatives ,,to ,,incarceration ,sec4 #cja4 ,federal pretrial diversion4 ,title ,,iv--,,conspiracy ,,reform ,,act--,,fixing ,,the ,,girlfriend ,,problem ,sec4 #dja4 ,focusing penalties for drug conspiracy4 ,sec4 #djb4 ,increasing judicial discretion to sentence less culpable justice-involved individuals4 ,sec4 #djc4 ,clarifying culpability at sentencing4 ,title ,v--,,gender-,,responsive ,,and ,,trauma-,,informed ,,imposition ,,of ,a ,,sentence ,sec4 #eja4 ,gender and trauma-informed sentencing4 ,title ,,vi--,,gender-,,responsive ,,prison ,,reform ,sec4 #fja4 ,health care needs of incarcerated women in the ,bureau of ,prisons4 ,sec4 #fjb4 ,trauma-informed care4 ,sec4 #fjc4 ,trauma-informed and gender-responsive training and staffing4 ,sec4 #fjd4 ,improving the ,bureau of ,prisons ,resolve ,trauma ,therapy ,program4 ,sec4 #fje4 ,gender-responsive programs in the ,bureau of ,prisons4 ,sec4 #fjf4 ,gender-responsive prison conditions4 ,sec4 #fjg4 ,gender-specific posts4 ,sec4 #fjh4 ,female incarcerated person nutritional standards4 ,sec4 #fji4 ,gender-responsive discipline policies4 ,sec4 #faj4 ,expanding access to the ,mothers and ,infants ,nurturing ,together ,program and the ,residential ,parenting ,program4 ,sec4 #faa4 ,report on failure to comply with the #ejj mile rule4 ,sec4 #fab4 ,,gao study on representation in the ,bureau of ,prisons4 ,sec4 #fac4 ,authorization of appropriations4 ,title ,,vii--,,gender-,,informed ,,reentry ,,reform ,sec4 #gja4 ,focus on women at residential reentry centers and in community confinement4 ,sec4 #gjb4 ,focusing supervision on the rehabilitation of women4 ,sec4 #gjc4 ,gender-responsive modification of supervised release restrictions4 ,title ,,viii--,definitions ,sec4 #hja4 ,definitions4 ,i ,,gender-,,informed ,,arrest ,,and ,,law ,,enforcement ,,practices #aja4 ,protection of children at arrest 7a7 ,in general ,chapter #bjc of title #ah1 ,united ,states ,code1 is amended by adding the following new section at the end3 #cjfe4 ,arrest by ,federal law enforcement ,a law enforcement officer who is authorized to make arrests under any ,federal law shall permit any person who is arrested and is the custodial parent or guardian of a minor or dependent child the opportunity to make arrangements for such child at the time of arrest1 including by permitting access to a telephone and appropriate phone numbers for the purposes of securing care for the child1 and shall not refer the child to a child welfare agency1 unless the custodial parent or guardian of the minor cannot make arrangements for the child at the time of arrest or to secure care for the child1 or unless the arresting officer has reasonable cause to suspect the child is experiencing abuse or neglect4 ,a drug related charge on its own does not constitute sufficient cause to suspect abuse or neglect4 4 7b7 ,conforming amendment ,the table of contents of chapter #bjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cjfe4 ,arrest by ,federal law enforcement4 #ajb4 ,grant program for gender-informed training of local law enforcement officers ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 is amended by adding at the end the following3 ,,pp ,,grants ,,for ,,gender-,,responsive ,,training #cjea4 ,in general ,the ,attorney ,general may make a grant to a ,state each fiscal year for purposes of carrying out the requirements of section #cjeb4 ,the term of such grant shall be #a year4 #cjeb4 ,training on gender-informed law enforcement practices 7a7 ,training curricula ,not later than #ahj days after the effective date of this section1 the ,attorney ,general shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of ,states and units of local government1 associations that advocate on issues which disproportionately impact women1 medical professionals1 professional law enforcement organizations1 mental health organizations1 and family advocacy organizations4 7b7 ,training requirement ,the requirements of this subsection are as follows3 7#a7 ,a ,state shall require that all individuals enrolled in an academy of a law enforcement agency in the ,state and all chief law enforcement officers of the ,state fulfill a training session on gender-informed policing practices each fiscal year4 ,in the case of individuals attending an academy1 such training session shall be for at least #h hours1 and in the case of all other law enforcement officers1 the training session shall be for at least #d hours4 7#b7 ,gender-informed policing practices shall include-- 7,a7 evidence-based training on the circumstances most likely to disproportionately or differently impact women who have contact with law enforcement through traffic stops1 street stops1 searches1 arrests1 or any other contact1 and may include training on trauma1 sexual and physical abuse1 family issues1 physical and mental health issues1 hygiene issues1 racial disparities in the arrests of and law enforcement contacts with women1 and issues related to the arrest of parents1 including the identification and appropriate responses to a child1 present or not present1 whose parent is arrested in order to help minimize potential trauma and support a child's physical safety and well-being following an arrest2 7,b7 training on a proactive1 victim-centered approach to be used when responding to domestic violence that utilizes best-practices aimed at reducing risk of imminent or future violence1 and strongly discourages dual arrests2 7,c7 evidence-based training on proper interrogation techniques for individuals with a history of trauma such as intimate partner violence or sexual assault as well as information on false confessions2 7,d7 evidence-based training on how the interaction of race1 class1 disability1 and gender may influence police response as well as behavior of an individual towards law enforcement officers2 and 7,e7 evidence-based training on the specific needs and appropriate policies and protocols for pregnant persons who have contact with law enforcement through traffic stops1 street stops1 searches1 arrests1 or any other contact4 7#c7 ,no later than #b years after receipt of a grant under this section1 a ,state shall certify to the ,attorney ,general of the ,united ,states that such training sessions have been completed4 7c7 ,compliance and ineligibility 7#a7 ,compliance date ,the period specified under this paragraph is the period beginning #abj days after the date of enactment of this part1 to comply with subsection 7a71 except that-- 7,a7 the ,attorney ,general may grant an additional #abj days to a ,state that is making good faith efforts to comply with such subsection2 and 7,b7 the ,attorney ,general shall waive the requirements of subsection 7a7 if compliance by a ,state would be unconstitutional under the constitution of such ,state4 7#b7 ,ineligibility ,a ,state that is not in compliance with the requirements of subsection 7a7 during a fiscal year is not eligible to apply for a grant under this part during the next fiscal year4 #cjec4 ,use of funds ,a grantee may use the grant to-- 7#a7 pay for costs associated with carrying out section #cjeb7;b71 including attendance by law enforcement officers or professionals at an approved training course1 including a course provided by a law enforcement training academy of a ,state or unit of local government2 7#b7 procure training continuing education on #a or more of the topics described in section #cjeb7;b7 from a certified entity2 7#c7 in the case of a law enforcement agency of a unit of local government that employs fewer than #ej law enforcement officers 7determined on a full-time equivalent basis71 pay for the costs of overtime accrued as a result of the attendance of a law enforcement officer or covered professional at an approved training course for which the costs associated with conducting the approved training course are paid using amounts provided under this section2 and 7#d7 pay for the costs of developing mechanisms to comply with the certification requirement established under section #cjeb7;b77#c71 in an amount not to exceed #e percent of the total amount of the grant award4 #cjed4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this part #bj1jjj1jjj for each of fiscal years #bjbg through #bjca4 4 #ajc4 ,representation in law enforcement grant program 7a7 ,establishment ,there is established a grant program to improve recruitment and retention of women law enforcement officers4 7b7 ,authority ,not later than #fj days after the date of enactment of this ,act1 the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice shall make a grant to a law enforcement agency or department eligible for a grant under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh4 7c7 ,eligible activities ,amounts from a grant made under this section may be used only for the following3 7#a7 ,establishing working groups1 committees1 or advisory boards to review current hiring practices to include-- 7,a7 recruitment procedures2 7,b7 advertised job descriptions2 7,c7 images used on recruitment materials2 7,d7 the process of reviewing applications2 7,e7 required tests2 and 7,f7 the procedures and individuals or groups selected to interview candidates4 7#b7 ,producing and distributing recruitment materials with inclusive racial and gender representation as well as language focused on a variety of important skills and_/or qualifications for law enforcement officers4 7#c7 ,outreach to groups or locations with predominantly women in attendance4 7#d7 ,providing on-site child care at law enforcement academies4 7#e7 ,improving parental and family leave policies4 7#f7 ,establishing mentoring programs4 7#g7 ,training recruiters and academy staff on the importance of a diverse workforce1 implicit bias1 and equal employment opportunity matters4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjbg through #bjca4 ,,ii ,,family ,,reunification ,,to ,,reduce ,,recidivism ,,and ,,protect ,,children #bja4 ,parent-focused bail reform ,section #cadb7;g77#c77;,a7 of title #ah1 ,united ,states ,code1 is amended by inserting minor or dependent children and whether detention would negatively impact a child1 including through potential loss of custody1 after family ties14 #bjb4 ,temporary release from imprisonment to maintain community ties ,title #ah1 ,united ,states ,code1 is amended by striking section #cfbb and inserting3 #cfbb4 ,temporary release 7a7 ,generally ,the ,bureau of ,prisons and the ,united ,states ,marshals ,service shall release an individual from imprisonment for a limited period if such release is authorized by the warden or a judicial officer under subsection 7c7 and in accordance with the facility or officer's prescribed conditions1 to-- 7#a7 visit a designated place for a period not to exceed thirty days without specific authorization1 and then return to the same or another facility1 for the purpose of-- 7,a7 obtaining medical treatment not otherwise available1 including access to sexual assault nurse examiners2 7,b7 establishing or reestablishing family or community ties2 or 7,c7 attending court proceedings concerning juvenile custody or dependency of a minor or dependent child2 7#b7 visit a designated place for a period not to exceed seven days without specific authorization1 and then return to the same or another facility1 for the purpose of-- 7,a7 visiting a relative who is dying2 7,b7 attending a funeral of a relative2 7,c7 contacting a prospective employer2 or 7,d7 engaging in any other significant activity consistent with the public interest2 7#c7 participate in a training or educational program in the community while continuing in official detention at the prison facility2 or 7#d7 work at paid employment in the community while continuing in official detention at the penal or correctional facility if the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community4 7b7 ,definition ,as used in this section1 the term imprisonment means custodial detention1 juvenile official detention1 or community supervision1 both prior to a trial or a dispositional hearing1 and after conviction or adjudication4 7c7 ,petition ,upon petition from a person who is under an order of imprisonment1 a judicial officer is authorized to release such person under subsection 7a7 and may set the least restrictive conditions of release necessary to meet the requirements of safety and justice4 ,such authorization shall be provided for the purposes listed in subsection 7a7 if it is consistent with the purpose for which any sentence was imposed if applicable and any pertinent policy statement issued by the ,sentencing ,commission pursuant to section #iid7;a77#b7 of title #bh1 ,united ,states ,code1 unless a factual showing is made to the court demonstrating that the release would create an imminent risk of flight or harm to the incarcerated person or others4 4 #bjc4 ,updating custody requirements to preserve families ,section #dge7e77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,e77 is amended-- 7#a7 by striking #ae of the most recent #bb months and inserting #bd consecutive months and who is not in the care of kin 7including fictive kin71 the ,state may consider filing or joining a petition for modification or termination of parental rights only after demonstrating by clear and convincing evidence that the ,state has provided to the family of the child such services1 supports1 and time needed to address the reasons for foster care and enable the family to safely reunify1 and by demonstrating compelling reasons why the modification or termination is in the best interest of the child1 and if the child is living with a kinship 7including fictive kinship7 caregiver1 the ,state agency shall provide a meaningful opportunity for the kinship 7including fictive kinship7 caregiver to express whether modification or termination is or is not in the best interests of the child and shall document such in the case plan of the child2 7#b7 by striking clause 7i7 and redesignating clauses 7ii7 and 7iii7 as clauses 7i7 and 7ii71 respectively2 7#c7 in clause 7ii7 7as so redesignated by paragraph 7#b7 of this section71 by striking the semicolon and inserting a comma2 and 7#d7 by inserting after and below clause 7ii7 7as so redesignated7 the following3 except that1 in the case of a child to whom this subparagraph applies solely because the child has been in foster care under the responsibility of the ,state for #bd consecutive months and is not in the care of kin 7including fictive kin71 the ,state may not file or join such a petition if a parent of the child is actively engaged in services to address the reasons the child entered care 7including treatment for substance use disorder1 mental health concerns1 or parenting skills71 if based principally on the incarceration of a parent1 or if based principally on the detention of the parent by the ,department of ,homeland ,security or the deportation of the parent24 ,,iii ,,gender-,,informed ,,alternatives ,,to ,,incarceration #cja4 ,federal pretrial diversion 7a7 ,in general ,chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding the following new section at the end3 #cjae4 ,federal pretrial diversion 7a7 ,definitions ,the following terms apply in this section3 7#a7 ,criminal case ,the term criminal case means a ,federal criminal offense or ,federal juvenile adjudication where a criminal complaint1 information or indictment has been filed1 or where a criminal complaint1 information or indictment has not been filed and the ,government has a reasonable belief that a prosecutable ,federal offense may be filed4 7#b7 ,divertee ,the term divertee means an adult or juvenile who is accepted to participate in a pretrial diversion program4 7#c7 ,pretrial diversion ,the term pretrial diversion means an alternative to criminal prosecution that diverts a defendant or juvenile away from the traditional criminal justice process into a recidivism reduction plan1 and which results in a diversionary disposition to a divertee who successfully completes such recidivism reduction plan4 7#d7 ,diversionary disposition ,the term diversionary disposition means the termination of a criminal case that results in-- 7,a7 the ,government not filing a criminal complaint1 information1 indictment or charge in a criminal case2 7,b7 dismissal of a criminal complaint1 indictment1 information or charge against a divertee2 or 7,c7 a conviction and imposition of a sentence1 or a juvenile adjudication and disposition1 that does not include a term of incarceration1 imprisonment or official detention4 7#e7 ,recidivism reduction plan ,the term recidivism reduction plan means a plan1 ordered to be completed by the ,court1 and that the divertee agrees to complete in exchange for a diversionary disposition which-- 7,a7 shall include supervision1 at a frequency and level to be determined by the ,court2 and 7,b7 may include classes1 treatment1 programs1 assistance1 requirements1 restrictions1 or other conditions that are gender-responsive1 and are tailored specifically to the needs of the divertee1 which shall include partnerships with nonprofit community-based organizations1 and shall include-- 7i7 assistance with seeking1 obtaining1 and maintaining employment2 7ii7 placement in job placement programs that partner with private employers2 7iii7 job skills classes1 including computer skills1 technical skills1 vocational skills1 and any other job-related skills2 7iv7 assistance with locating and maintaining housing1 including family-accessible housing1 which may include counseling as to public housing opportunities1 assistance with applications for public housing benefits1 and locating and_/or securing temporary or long-term housing2 7v7 obtaining an identification card or driver's license2 7vi7 registering to vote1 and applying for voting rights to be restored1 where permitted by law2 7vii7 assistance with1 and requirements to apply for and remain in education programs1 including assistance with applications for higher education loans and program admission2 7viii7 financial counseling2 7ix7 referrals for legal assistance to pursue record expungement1 family law and custody matters1 legal aid services1 and relevant civil matters including housing and other issues2 7x7 assistance with obtaining transportation1 including through provision of transit fare2 7xi7 familial counseling and parenting classes2 7xii7 problem-solving and life-skills assistance or classes2 7xiii7 assistance with communication needs1 including providing a mobile phone1 mobile phone service or access1 or internet access2 7xiv7 assistance with applications for ,state or ,federal ,government benefits1 where eligible2 7xv7 mentorship1 including through programs that facilitate such services by formerly incarcerated or convicted individuals2 7xvi7 physical and emotional trauma-informed treatment1 counseling1 and therapy2 7xvii7 medical and or mental health services1 and cognitive-behavioral programming2 7xviii7 substance use treatment and testing1 including family-based residential drug treatment2 7xix7 reactivation1 application for and maintaining professional or other licenses2 7xx7 payment of restitution1 where appropriate2 7xxi7 restorative justice-based requirements2 and 7xxii7 any other needs-based assistance or requirement designed to reduce recidivism4 7#f7 ,restorative justice ,the term restorative justice means a creative solution that focuses on repairing the harm caused by crime and reducing future harm through crime prevention1 and which requires justice-involved individuals to take responsibility for their actions1 seeks redress for victims1 and the healing and reintegration of both within the community4 7b7 ,diversion authorized ,upon application by a defendant1 the ,government1 ,united ,states ,probation and ,pretrial ,services1 or sua sponte by the ,court1 a ,united ,states ,court with jurisdiction over a criminal case may divert such case into a pretrial diversion program under this section at any time prior to imposition of a sentence or disposition4 7c7 ,participation requirements ,participation in the program requires-- 7#a7 voluntary agreement to participate by the divertee1 after being presented with the ,court's proposed pretrial diversion order as required under subsection 7e72 7#b7 a signed waiver by the divertee that waives the right to a speedy trial for as much time as is needed for participation in the diversionary program as determined by the ,court1 and waiver of presentment of the case within the statute of limitations1 if necessary1 as determined by the ,court2 and 7#c7 that the divertee be afforded the advice of counsel1 and if the divertee cannot afford counsel1 that counsel be appointed at no cost to the divertee4 7d7 ,pretrial diversion determination application process ,upon the application for pretrial diversion of a criminal case1 the applicant shall be referred to either the ,chief ,pretrial ,services ,officer or the ,chief ,probation ,officer for a report1 that shall include-- 7#a7 the applicant's criminal history1 background and characteristics1 and the facts surrounding an applicant's criminal case2 7#b7 a recommendation to the ,court whether a pretrial diversion program is appropriate for the applicant2 and 7#c7 a needs-based assessment of the applicant1 and a recommendation for a recidivism reduction plan tailored to the needs of the applicant1 whether or not a pretrial diversion program is recommended4 7e7 ,pretrial diversion order ,upon review of the report described in subsection 7e71 and any argument1 testimony and evidence presented by the ,government and the applicant1 the ,court shall enter an order approving or denying the application of pretrial diversion1 such an order shall include-- 7#a7 in the case of an order denying the application of pretrial diversion1 a statement of reasons for such denial2 and 7#b7 in the case of an order granting the application of pretrial diversion-- 7,a7 the date that the pretrial diversion period begins1 and date1 whereby1 if successful completion is determined by the ,court1 a diversionary disposition may be entered2 7,b7 the recidivism reduction plan which must be successfully completed by the divertee in order to receive a diversionary disposition2 7,c7 the type of diversionary disposition that the divertee will receive if the divertee successfully completes the recidivism reduction plan1 including opportunities for record expungement1 which shall include the approval of the ,government where required by law2 and 7,d7 the alternative disposition of the criminal case if the ,court determines the divertee has not successfully completed the recidivism reduction plan4 7f7 ,unsuccessful termination of pretrial diversion ,a divertee is entitled to a hearing before the divertee's pretrial diversion may be terminated4 ,upon breach of a condition of the recidivism reduction plan by the divertee1 the ,u4,s4 ,probation and ,pretrial ,services ,office may so inform the ,court1 who shall determine whether such breach should warrant termination of diversion4 7g7 ,successful termination of pretrial diversion ,if the ,court determines that a divertee has successfully completed a recidivism reduction program as provided in the terms of the pretrial diversion order1 the ,court shall enter a diversionary disposition order1 as follows3 7#a7 ,upon approval of the ,government1 a criminal complaint1 information1 indictment or charge in a criminal case shall not be filed1 and the ,court shall order proceedings terminated4 7#b7 ,upon approval of the ,government1 dismissal of a criminal complaint1 information1 indictment or charge against a divertee shall be ordered and proceedings terminated4 7#c7 ,in the case of a divertee who has agreed to plead guilty to a criminal offense1 a judgment of conviction and imposition of a sentence1 or a juvenile adjudication shall be ordered1 and notwithstanding any mandatory term of imprisonment provided for by law1 the ,court may order no term of incarceration4 ,the ,court is authorized to permit withdrawal of a guilty plea under this subsection4 7h7 ,confidentiality ,all information obtained in the course of making the decision to divert a justice-involved individual and all information obtained by treatment providers1 class instructors1 and other required program providers in the course of completing a recidivism reduction plan shall not be used against the divertee in criminal proceedings or at sentencing1 except that in the case of a recommendation for termination of diversion1 information regarding the divertee's participation in such program may be used for purposes of termination proceedings4 7i7 ,pretrial diversion program preference ,where authorized by law1 pretrial diversion program acceptance shall be prioritized in criminal cases where an applicant demonstrates a history of physical or emotional trauma1 sexual or physical abuse1 substance abuse1 mental illness1 or vulnerable circumstances such as pregnancy1 disability1 homelessness1 physical health challenges1 or the immediate familial economic needs of an applicant4 4 7b7 ,conforming amendment ,the table of contents of chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cjae4 ,federal pretrial diversion4 4 ,,iv ,,conspiracy ,,reform ,,act--,,fixing ,,the ,,girlfriend ,,problem #dja4 ,focusing penalties for drug conspiracy 7a7 ,controlled substances act ,section #djf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdf7 is amended by striking subject to the same penalties as those prescribed for the offense1 the commission of which was the object of the attempt or conspiracy and inserting fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both1 except that in no case may the penalty for an offense under this section exceed any penalty for the underlying substantive offense1 the commission of which was the object of the attempt or conspiracy4 7b7 ,controlled substances import and export act ,section #ajac of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifc7 is amended by striking subject to the same penalties as those prescribed for the offense1 the commission of which was the object of the attempt or conspiracy and inserting fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both1 except that in no case may the penalty for an offense under this section exceed the penalty for the underlying offense1 the commission of which was the object of the attempt or conspiracy4 #djb4 ,increasing judicial discretion to sentence less culpable justice-involved individuals 7a7 ,in general ,section #ceec7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,upon motion and inserting3 7#a7 ,motion of the government ,upon motion 2 7#b7 by striking the second sentence2 and 7#c7 by adding at the end the following3 7#b7 ,motion of a party or the court ,the ,court1 sua sponte1 or on the motion of a party1 shall have the authority to impose a sentence below a level established by statute as a minimum sentence if the defendant shows that-- 7,a7 the defendant did not provide substantial assistance described in paragraph 7#a7 based on a reasonable fear of serious bodily injury 7as such term is defined in section #aac7 to the defendant1 an intimate partner1 child1 or other family member of the defendant2 7,b7 the prosecution fails to demonstrate that the defendant has useful information that could be used by the ,government in the investigation or prosecution of another person who has committed an offense2 or 7,c7 the defendant has provided substantial assistance described in paragraph 7#a71 but the ,government has not made a motion under such paragraph4 7#c7 ,sentencing guidelines ,a sentence under paragraph 7#a7 or 7#b7 shall be imposed in accordance with the guidelines and policy statements issued by the ,sentencing ,commission pursuant to section #iid of title #bh1 ,united ,states ,code4 4 7b7 ,counterfeit controlled substances ,section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 is amended by adding at the end the following3 7i7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7#a7 the defendant's own unlawful acts2 and 7#b7 any unlawful act of a co-conspirator that-- 7,a7 the defendant agreed to jointly undertake2 7,b7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7,c7 was known to and intended by the defendant4 4 7c7 ,counterfeit controlled substances import and export ,section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended by adding at the end the following3 7e7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7#a7 the defendant's own unlawful acts2 and 7#b7 any unlawful act of a co-conspirator that-- 7,a7 the defendant agreed to jointly undertake2 7,b7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7,c7 was known to and intended by the defendant4 4 #djc4 ,clarifying culpability at sentencing ,section #cffa of title #ah1 ,united ,states ,code1 is amended by striking the period at the end and inserting the following3 1 except that such a court may not consider1 except for purposes of mitigating a sentence-- 7#a7 any act with respect to which the person was criminally charged and adjudicated not guilty after trial in a ,federal1 ,state1 or ,tribal1 court1 or in the case of a juvenile an act that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing2 or 7#b7 any act underlying a criminal charge or juvenile information that was dismissed in a ,federal court upon a motion for acquittal under rule #bi of the ,federal ,rules of ,criminal ,procedure1 or in a ,state or ,tribal court upon a motion for acquittal or an analogous motion under the applicable ,state rule of criminal procedure4 4 ,v ,,gender-,,responsive ,,and ,,trauma-,,informed ,,imposition ,,of ,a ,,sentence #eja4 ,gender and trauma-informed sentencing ,section #ceec of title #ah1 ,united ,states ,code1 is amended in subsection 7a77#b7-- 7#a7 in subparagraph 7,c71 by striking and2 and 7#b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to reflect any mitigation on behalf of the defendant1 including any history of trauma1 substance use1 or medical and mental health disorders2 and 7,e7 to provide the defendant with gender-responsive needed educational or vocational training1 medical care1 trauma-informed mental health care1 or other correctional treatment in the most effective manner2 4 ,,vi ,,gender-,,responsive ,,prison ,,reform #fja4 ,health care needs of incarcerated women in the ,bureau of ,prisons 7a7 ,in general ,the ,director of the ,bureau of ,prisons1 in consultation with the ,administrator of the ,women and ,special ,populations ,branch1 shall ensure that all incarcerated women have access to basic standards of health care specific to their needs4 7b7 ,obstetrics and gynecology ,the ,director shall ensure that all incarcerated persons in need of obstetric or gynecological care have access to a licensed medical professional with specialized training in such care1 which shall include1 in addition to any medical treatment provided by law and ,bureau of ,prisons policy-- 7#a7 a screening upon intake into the ,bureau of ,prisons1 and annual screening thereafter1 that shall include screening for high-risk factors as provided under subsection 7c72 7#b7 testing for ,hepatitis ,a1 ,b1 and ,c2 7#c7 tuberculosis skin testing2 7#d7 testing for sexually transmitted infections1 which shall include chlamydia1 gonorrhea1 syphilis1 and human immunodeficiency virus 7,,hiv71 and may include testing for other infections if symptoms present2 7#e7 a breast examination screening no less frequently than recommended by medical professionals adhering to guidelines published by the ,secretary of ,health and ,human ,services2 and 7#f7 a pelvic examination to include a ,pap smear and testing for human papillomavirus 7,,hpv7 no less than every three years1 but within #dh hours if medical history or symptoms require1 with the option of being accompanied by a trained medical chaperone during this examination4 7c7 ,human papillomavirus vaccine for juveniles ,the ,director shall amend ,bureau of ,prisons policy for human papillomavirus screening and vaccination to include access for juvenile justice-involved individuals4 7d7 ,dental care ,the ,director shall ensure that dental care for incarcerated persons complies with the standards developed by the ,americans with ,disabilities ,act 7,,ada71 ,standards ,administration ,department1 and not later than one year after enactment of this section1 the ,director1 in consultation with the ,chief of ,dental ,programs shall report to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives and the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 and such report shall include-- 7#a7 the number of incarcerated persons who have requested dental care1 disaggregated by race and gender2 7#b7 the number of incarcerated persons who have received dental care1 disaggregated by race and gender2 7#c7 the number of incarcerated persons who are on waitlists for dental care disaggregated by race and gender2 and 7#d7 the number of incarcerated persons who have been refused requested dental care1 disaggregated by race and gender1 and the reasons for such refusals4 7e7 ,high-,risk incarcerated person healthcare ,female incarcerated persons who present with any high-risk factors during any screening1 shall be provided with care as follows3 7#a7 ,screening for bone density in postmenopausal persons younger than #fe years if any of the following risk factors are noted3 7,a7 ,medical history of a fragility fracture4 7,b7 ,body weight less than #abg pounds4 7,c7 ,medical causes of bone loss 7medications or diseases74 7,d7 ,parental medical history of hip fracture4 7,e7 ,current smoker4 7,f7 ,alcoholism4 7,g7 ,rheumatoid arthritis4 7#b7 ,for incarcerated persons with a medical history of preeclampsia who gave birth less than #cgj_/g weeks of gestation1 or who have a medical history of recurrent preeclampsia1 a yearly assessment of blood pressure1 lipids1 fasting blood glucose1 and body mass index4 7#c7 ,screening for colorectal cancer for incarcerated persons who-- 7,a7 are age #ej and above2 7,b7 have a first-degree relative younger than age #fj or two or more first-degree relatives of any age who have had colorectal cancer2 7,c7 have a family history of familial adenomatous polyposis or hereditary nonpolyposis colon cancer2 or 7,d7 have a history of colorectal cancer1 adenomatous polyps1 inflammatory bowel disease1 chronic ulcerative colitis1 or ,crohn's disease4 7#d7 ,diabetes testing for incarcerated persons who-- 7,a7 are overweight or obese2 7,b7 every three years for any incarcerated person who has delivered a baby weighing #i pounds or more1 or was diagnosed with gestational diabetes mellitus 7,,gdm7 and normal postpartum screening test results2 7,c7 have been diagnosed with hypertension or are on therapy for hypertension2 7,d7 have been diagnosed with a high cholesterol level or a high triglyceride level2 7,e7 have been diagnosed with polycystic ovary syndrome2 7,f7 have other clinical conditions associated with insulin resistance2 or 7,g7 have a history of cardiovascular disease4 7#e7 ,hemoglobin level assessments for incarcerated persons who have a history of excessive menstrual flow4 7#f7 ,lipid profile assessments for incarcerated persons who-- 7,a7 have a family history suggestive of familial hyperlipidemia2 7,b7 have a family history of premature cardiovascular disease2 7,c7 have a previous personal history of coronary heart disease or noncoronary atherosclerosis1 or abdominal aortic aneurysm1 peripheral artery disease1 or carotid artery stenosis2 7,d7 are obese2 7,e7 have a personal or family history of peripheral vascular disease2 7,f7 have diabetes mellitus2 7,g7 have multiple coronary heart disease risk factors1 such as tobacco use and hypertension2 and 7,h7 an annual lipid assessment for female incarcerated persons who have a medical history of preeclampsia who gave birth preterm1 or who have a medical history of recurrent preeclampsia4 7#g7 ,a mammography and triple negative breast cancer screening for incarcerated persons who-- 7,a7 have had breast cancer or who have a first-degree relative or multiple other relatives who have a history of premenopausal breast or breast and ovarian cancers2 7,b7 have tested positive for ,,brca#a or ,,brca#b mutations2 7,c7 received thoracic irradiation1 a typically as a treatment for lymphoma1 between the ages of #aj and #cj2 and 7,d7 have a personal history of high-risk breast biopsy results1 including atypical hyperplasia and lobular carcinoma in situ4 7#h7 ,thyroid-stimulating hormone testing for female incarcerated persons with a strong family history of thyroid disease or autoimmune disease4 7#i7 ,screening and appropriate treatment for incarcerated persons with diagnosis of sickle cell anemia4 7f7 ,contraceptive case ,the ,director shall ensure access to contraceptive care for an incarcerated person if determined to be medically recommended by a licensed obstetrician-gynecologist4 7g7 ,confidentiality ,all medical reports and health records drafted or stored within the ,bureau of ,prisons may not be exchanged1 transferred1 or used for the purpose of any criminal investigation or prosecution federally1 or under the laws of any ,state1 local or ,tribal government4 #fjb4 ,trauma-informed care 7a7 ,training ,the ,director of the ,bureau of ,prisons1 in collaboration with the ,bureau of ,prisons ,health ,services ,department1 the ,bureau of ,prisons ,women and ,special ,populations ,branch1 and the ,department of ,health ,human ,services1 shall develop and implement training for ,bureau of ,prisons officers and employees that complies with national standards on trauma-informed care1 and which shall include-- 7#a7 recognition of the impact of trauma on multiple areas of life and different paths to recovery2 7#b7 awareness of the signs and symptoms of trauma1 and methods to respond to trauma2 7#c7 training on revised policies and practices that account for and are sensitive to potential trauma histories2 7#d7 methods to prevent retraumatization2 and 7#e7 awareness of the high rates of trauma among incarcerated persons and the higher rates of trauma among female incarcerated persons1 and the causes of such trauma4 7b7 ,trauma screening ,the ,director of the ,bureau of ,prisons1 in collaboration with the ,bureau of ,prisons ,health ,services ,department1 the ,bureau of ,prisons ,women and ,special ,populations ,branch1 and the ,department of ,health ,human ,services1 shall develop and implement a trauma-screening program upon intake of all incarcerated persons into the ,bureau of ,prisons4 ,such screening shall also be incorporated into the periodic assessments of incarcerated persons under section #aja and section #ajb of the ,first ,step ,act4 7c7 ,trauma-,informed therapy and counseling ,the ,director of the ,bureau of ,prisons1 in collaboration with the ,bureau of ,prisons ,health ,services ,department1 the ,bureau of ,prisons ,women and ,special ,populations ,branch1 and the ,department of ,health ,human ,services1 shall create trauma1 and posttraumatic stress disorder1 counseling and trauma-informed support programs for incarcerated persons who have experienced trauma1 which programs shall be administered by a licensed mental health professional1 and shall include-- 7#a7 assistance with methods to cope with trauma1 including the development of safety plans and strategies for dealing with triggers2 and 7#b7 programs and therapy modalities that directly address trauma within incarcerated populations1 which may include-- 7,a7 programs designed for the treatment of individuals with co-occurring post-traumatic stress disorder and substance use symptoms2 7,b7 group intervention programs2 7,c7 individual counseling2 7,d7 gender-responsive programs for female trauma survivors2 7,e7 programs designed for trauma survivors who have severe mental health disorders2 7,f7 ,prolonged ,exposure ,therapy2 7,g7 ,eye ,movement ,desensitization and ,reprocessing2 7,h7 peer-to-peer support programming2 and 7,i7 any other evidence-based trauma-informed and gender-responsive treatment or therapy4 7d7 ,report ,beginning on the date that is #b years after the date of enactment of this title1 and annually thereafter1 the ,bureau of ,justice ,statistics shall submit a report to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives and the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives that contains the following3 7#a7 ,the number of incarcerated persons screened for trauma exposure under this title1 and the number of incarcerated persons presenting with a history of exposure to trauma at intake and upon reassessment1 including demographic percentages by age1 race1 and gender4 7#b7 ,the specific trauma-informed counseling and treatment programs developed under subsection 7c74 7#c7 ,the number of incarcerated persons who participate in each trauma-informed counseling and treatment program developed under subsection 7c71 including demographic percentages by age1 race1 and gender4 7#d7 ,the number of incarcerated persons on a waitlist for such program developed under subsection 7c71 including demographic percentages by age1 race1 and gender4 ,the ,director of the ,bureau of ,prisons shall promptly respond to requests from the ,bureau of ,justice ,statistics for access to ,bureau of ,prisons facilities1 personnel1 and information1 in the completion of this report4 #fjc4 ,trauma-informed and gender-responsive training and staffing 7a7 ,gender-,responsive training ,the ,director of the ,bureau of ,prisons1 in collaboration with the ,bureau of ,prisons ,health ,services ,department1 the ,bureau of ,prisons ,women and ,special ,populations ,branch1 and the ,department of ,health ,human ,services1 shall develop and implement gender-responsive training for ,bureau of ,prisons officers and employees which shall include incorporating gender-responsive components to all existing training for all correctional officers and employees1 and shall include separate training on the unique needs of incarcerated women for all correctional officers and employees in facilities that house women and female juveniles1 and all such trainings shall include training on-- 7#a7 common characteristics of female incarcerated persons1 including data on the numbers of women in ,bureau of ,prisons custody1 and generally the race1 charges1 age1 and common sentences of women in the legal system2 7#b7 reasons why women enter the legal system1 and gender-responsive policy and practice that target women's pathways to criminality by providing effective interventions that address the intersecting issues of substance abuse1 trauma1 mental health1 and economic marginality2 7#c7 the high rates of trauma that justice involved women are exposed to2 7#d7 the high rates of mental health diagnosis among women justice-involved individuals2 7#e7 the menstrual needs1 general health1 and reproductive health care needs1 of women2 7#f7 the high rates of motherhood amongst female incarcerated persons1 and their ongoing roles as mothers and community members2 and 7#g7 the low risk to public safety created by the typical offenses committed by justice-involved women4 7b7 ,staffing ,the ,director of the ,bureau of ,prisons shall ensure that correctional employees dedicated to the ,women ,and ,special ,populations ,branch be-- 7#a7 sufficient to ensure consistent1 professional supervision of female incarcerated persons2 7#b7 sufficient to ensure proper gender-responsive implementation of ,bureau of ,prisons polices and legislative mandates2 7#c7 sufficient to properly evaluate programming needs1 develop1 and administer programs for all eligible female incarcerated persons2 7#d7 sufficient to ensure that incarcerated women in the ,bureau of ,prisons are healthy and safe from harm2 and 7#e7 shall not be less than twelve full time employees4 #fjd4 ,improving the ,bureau of ,prisons ,resolve ,trauma ,therapy ,program 7a7 ,generally ,the ,director shall ensure that the ,resolve ,trauma ,therapy ,program is offered at all institutions that house female incarcerated persons1 and that all female incarcerated persons who seek treatment through the ,resolve ,trauma ,therapy ,program have access to such program beginning during the first twelve months of the incarcerated person's sentence4 7b7 ,resolve program prerequisite notice and access ,the ,director shall ensure that all female incarcerated persons are provided notice of the ,resolve ,program and the prerequisites for admittance into the program4 ,any such prerequisites1 which may include a ,trauma in ,life seminar and psychological screening test1 shall be offered to all female incarcerated persons to begin within #fj days of intake into the ,bureau of ,prisons4 7c7 ,resolve program staffing ,the ,director shall ensure that sufficient correctional employees are employed at each facility that houses female incarcerated persons1 in order to comply with this section1 which shall include1 at minimum1 one ,resolve ,coordinator at each location and one ,treatment ,specialist1 but may include any number of correctional employees as needed4 7d7 ,spanish language resolve program ,the ,director shall ensure that the ,resolve ,program is offered in ,spanish and accessible for all ,spanish-speaking female incarcerated persons4 7e7 ,report ,beginning on the date that is #a year after the date of enactment of this title1 and annually thereafter1 the ,attorney ,general shall submit a report to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives and the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives that contains the following3 7#a7 ,the number of female incarcerated persons who complete the ,trauma in ,life seminar and psychological screening test prerequisites for access to the ,resolve ,program1 and whether each incarcerated person began such ,resolve ,program prerequisites within #fj days of intake into the ,bureau of ,prisons1 and if not within #fj days of intake when they began program prerequisites4 7#b7 ,the number of female incarcerated persons who complete the ,resolve ,program1 annually1 and whether such program participation began within #a year of intake into the ,bureau of ,prisons1 and if not1 how soon such program participation began and was completed4 7#c7 ,the number of individuals on waitlists1 if any1 for ,resolve ,program access4 7#d7 ,the number of full-time correctional employees dedicated to work within the ,resolve ,program and vacancies during the previous calendar year4 7#e7 ,the number of female incarcerated persons who complete the ,resolve ,program in ,spanish1 and the number of ,spanish-speaking female incarcerated persons who are on waitlists for program access4 7#f7 ,the number of female incarcerated persons who qualify for ,resolve ,program access but were not afforded participation in the program before release4 #fje4 ,gender-responsive programs in the ,bureau of ,prisons 7a7 ,generally ,the ,director1 in consultation with the ,director of the ,women and ,special ,populations ,branch1 shall ensure that all incarcerated person programs and services are gender-responsive and all programs shall-- 7#a7 consider the national profile of women who enter the legal system1 which is most often disproportionately women of color1 and women who are likely to have been convicted of a drug or drug-related offense1 have fragmented family histories1 with other family members also involved with the legal system1 are survivors of physical and_/or sexual abuse as children and adults1 have significant substance abuse problems1 have multiple physical and mental health problems1 are mothers and legal guardians of minor children1 and have limited vocational training and sporadic work histories2 7#b7 be evidence-based1 and responsive to data concerning the distinguishing aspects of different genders of justice-involved individuals2 7#c7 address substance misuse1 trauma1 and mental health issues through comprehensive1 integrated1 services2 7#d7 provide opportunities through education and training to provide women with opportunities to improve socioeconomic conditions2 7#e7 have a relational component wherever possible1 and goals to promote healthy connections to children1 family1 significant others1 and the community2 7#f7 consider the pattern of emotional1 physical1 and sexual abuse that many female justice-involved individuals have experienced1 and mitigate against an abusive environment and traumatization2 and 7#g7 be otherwise gender-responsive based on empirical evidence and research4 7b7 ,ensuring first step act early release programs are gender-,responsive ,section #cfce7c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking and2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting the following after subparagraph 7,b73 7,c7 are gender-responsive1 in compliance with section #e of title ,,vi of the ,gender-,informed ,justice ,act2 and 4 #fjf4 ,gender-responsive prison conditions 7a7 ,generally ,the ,director shall ensure all institutions that house female incarcerated persons maintain the same minimum standard of care and conditions as institutions that house male incarcerated persons4 ,lack of resources shall not be sufficient reason for failing to meet minimum standards of treatment or conditions where such failure constitutes a violation of incarcerated persons' constitutional or statutory rights4 7b7 ,minimum standard of conditions ,the term standard of conditions means the provision of adequate care and treatment in compliance with the ,united ,states ,constitution and laws of the ,united ,states1 and shall at minimum include-- 7#a7 safe and orderly conditions in all correctional institutions2 7#b7 a goal to prepare prisoners to live law-abiding lives upon release1 and to facilitate prisoners' reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration2 7#c7 protection of incarcerated persons from harm1 with restrictions placed on incarcerated persons only that are necessary and proportionate to the legitimate objectives for which those restrictions are imposed2 7#d7 a respect of the human rights and dignity of incarcerated persons1 with no incarcerated person being subjected to cruel1 inhuman1 or degrading treatment or conditions2 7#e7 for a convicted individual1 loss of liberty and separation from society should be the sole punishments imposed by imprisonment2 7#f7 appropriate levels of correctional officers and employees2 7#g7 implementation of internal processes for continually assessing and improving each correctional facility2 7#h7 humane and healthful living conditions2 7#i7 necessary health care2 7#aj7 freedom from staff harassment and invidious discrimination2 7#aa7 freedom of religion and substantial freedom of expression2 7#ab7 equal conditions conducive to maintaining healthy relationships with families2 7#ac7 equal opportunities to participate in constructive activity and rehabilitative programs2 7#ad7 access to gender-responsive and comprehensive community-based reentry programs and planning1 including family reunification legal clinics within correctional facilities where present2 7#ae7 all ,bureau of ,prisons physical facilities shall-- 7,a7 be adequate to protect and promote the health and safety of incarcerated persons and staff2 7,b7 be clean and well-maintained2 7,c7 include appropriate housing1 laundry1 health care1 food service1 visitation1 recreation1 education1 and program space2 7,d7 have appropriate heating and ventilation systems2 7,e7 not deprive incarcerated people or staff of natural light1 of light sufficient to permit reading throughout prisoners' housing areas1 and of reasonable darkness during the sleeping hours2 7,f7 be free from tobacco smoke and excessive noise2 7,g7 allow unrestricted access for incarcerated people to potable drinking water and to adequate1 clean1 reasonably private1 and functioning toilets and washbasins2 and 7,h7 comply with health1 safety1 and building codes1 subject to regular inspection2 7#af7 all ,bureau of ,prisons facility housing conditions shall-- 7,a7 include living quarters of adequate size1 with single-occupancy cells as the preferred form of housing1 but facilities that must use multiple-person living quarters should provide sufficient staffing1 supervision1 and personal space to ensure safety for persons and security for their belongings1 and to ensure that all living quarters and personal hygiene areas are designed to facilitate adequate and appropriate supervision of incarcerated persons and to allow such persons privacy consistent with their security classification2 7,b7 at a minimum1 include a bed and mattress off the floor for each incarcerated person1 a writing area and seating1 an individual secure storage compartment sufficient in size to hold personal belongings and legal papers1 a source of natural light1 and light sufficient to permit reading2 and 7,c7 sufficient access to showers at an appropriate temperature to enable each incarcerated person to shower as frequently as necessary1 and allowing for gender appropriate separation1 to maintain general hygiene2 7#ag7 living quarters and associated common areas shall be maintained in a sanitary condition2 7#ah7 correctional authorities should provide incarcerated people with clean1 appropriately sized clothing suited to the season and facility temperature and to the incarcerated person's work assignment and gender identity1 in quantities sufficient to allow for a daily change of clothing and permitting incarcerated persons opportunities to mend and machine launder their clothing if the facility does not provide these services2 7#ai7 to the extent practicable and consistent with safety concerns1 correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells2 7#bj7 incarcerated persons shall be provided daily opportunities for significant out-of-cell time and for recreation at appropriate hours that allows them to maintain physical health and1 for incarcerated persons not otherwise prohibited by specific health or safety concerns1 to socialize with other incarcerated persons1 and at minimum all incarcerated persons shall be offered the opportunity for at least one hour per day of exercise1 in the open air if the weather permits2 and 7#ba7 incarcerated persons should be permitted1 whenever practicable1 to eat in a congregate setting1 whether that is a specialized room or a housing area dayroom1 absent an individualized decision that a congregate setting is inappropriate for a particular individual1 and incarcerated persons shall be allowed an adequate time to eat each meal4 7c7 incarcerated person conditions during menstruation ,the ,director1 in consultation with the ,director of the ,women and ,special ,populations ,branch1 shall ensure that incarcerated persons during the time of menstruation are treated with dignity and respect1 and that such incarcerated persons are given appropriate medical and hygienic care1 including as necessary for pain relief4 ,this shall include free and adequate supply of menstrual materials as well as sufficient access to toilet paper4 #fjg4 ,gender-specific posts ,the ,director shall ensure that the assignment of female staff at locations in female institutions where incarcerated person searches are common1 such that ,bureau of ,prisons is in compliance with the ,prison ,rape ,elimination ,act of #bjjc without requiring female ,correctional ,officers to leave other assigned posts4 #fjh4 ,female incarcerated person nutritional standards 7a7 ,nutritional standards for female incarcerated persons ,the ,director shall revise the ,bureau of ,prisons standards for nutrition to ensure they are gender-specific1 and that women receive a healthy diet consistent with national dietary guidelines for women4 7b7 ,nutraloaf prohibited ,the ,director shall ensure that food quantity1 type1 or the prohibition of food1 shall never be used as a means of discipline1 and the ,bureau of ,prisons shall never provide as meals to incarcerated persons ,nutraloaf1 ground up leftovers1 or any similar meal4 7c7 ,pregnant and lactating incarcerated persons ,for pregnant and lactating incarcerated persons nutrition standards shall reflect the following3 7#a7 ,access to at least #fd-if ounces of fluid per day4 7#b7 ,access to appropriate dietary supplements4 7#c7 ,caloric supplementation as medically appropriate not from processed meats associated with listeriosis4 #fji4 ,gender-responsive discipline policies 7a7 ,generally ,the ,director1 in consultation with the ,director of the ,women and ,special ,populations ,branch1 the ,director of the ,health ,services ,division1 and in consultation with experts in correctional standards for gender-responsive sanctions1 shall develop gender-responsive policies for discipline1 which shall-- 7#a7 include a review of the existing ,bureau of ,prisons' discipline and sanctions policies to evaluate where policies are not gender-responsive1 and to include gender-responsive mission statements and goals and revise all policies and standards to be gender-responsive2 7#b7 ensure that revised policies focus on safety1 motivation of incarcerated person behavior1 and incarcerated person self-management1 including through methods to teach incarcerated persons alternatives to rule violating behaviors before such behaviors are displayed2 7#c7 include an understanding of gender-based peer dynamics and relationships2 7#d7 acknowledge trauma1 and how many rule violating behaviors have roots in traumatic experiences2 7#e7 address gender-responsive and trauma-informed approaches with female incarcerated persons2 7#f7 review common incarcerated person violation behavior based on gender1 and determine what sanctions and supports are available to respond to the range of common behaviors1 based on gender2 7#g7 determine which sanctions can be reduced or eliminated based on research and best practices1 and which sanctions can be added to achieve better outcomes with female incarcerated persons1 with a focus on sanctions that reinforce motivation and rehabilitation rather than a punitive response2 and 7#h7 eliminate the use of extremely punitive sanctions1 including shackling and segregated housing1 except in circumstances when an incarcerated person presents a severe danger to other staff or incarcerated persons1 and create gender-responsive policies for the use of such sanctions4 7b7 ,visitation as a disciplinary tool ,the ,director shall ensure that loss of visitation privileges1 including in-person1 video1 electronic1 phone1 and physical mail opportunities1 is reserved as a sanction in only high and greatest severity level offenses by incarcerated persons4 7c7 ,discipline report ,beginning on the date that is #a year after the date of enactment of this title1 and annually thereafter1 the ,attorney ,general shall submit a report to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives that contains the following information for the previous calendar year3 7#a7 ,the number of incarcerated persons who are sanctioned for prohibited acts1 disaggregated by race1 gender1 and age4 7#b7 ,the number of incarcerated persons who are sanctioned for greatest severity level offenses1 high severity level offenses1 moderate severity level offenses1 low severity level offenses1 disaggregated by race1 gender1 and age4 7#c7 ,the number of incarcerated persons who lose good conduct time as a sanction1 the reason for loss of good conduct time1 and the amount of good conduct time lost1 disaggregated by race1 gender1 and age4 7#d7 ,the type of sanctions imposed for all greatest level severity offenses1 disaggregated by race1 gender1 and age of the incarcerated person4 7#e7 ,the type of sanctions imposed for all high level severity offenses1 disaggregated by race1 gender1 and age of the incarcerated person4 7#f7 ,the type of sanctions imposed for all moderate level severity offenses1 disaggregated by race1 gender1 and age of the incarcerated person4 7#g7 ,the type of sanctions imposed for all low level severity offenses1 disaggregated by race1 gender1 and age of the incarcerated person4 7#h7 ,all sanctions imposed on mentally ill incarcerated persons1 disaggregated by race1 gender1 and age of the incarcerated person4 #faj4 ,expanding access to the ,mothers and ,infants ,nurturing ,together ,program and the ,residential ,parenting ,program 7a7 ,notice ,the ,director shall ensure that every correctional officer and employee1 and every female incarcerated person admitted into the ,bureau of ,prisons1 is given notice of the ,washington ,state ,department of ,corrections' ,residential ,parenting ,program and the ,mothers and ,infants ,nurturing ,together ,program1 and of the eligibility requirements for each program4 7b7 ,eligibility ,the ,director shall revise eligibility requirements for the ,residential ,parenting ,program and the ,mothers and ,infants ,nurturing ,together ,program to ensure that all incarcerated persons who have given birth while in the custody of the ,bureau of ,prisons have access to both programs1 except in limited circumstances where the female incarcerated person presents a risk of danger to herself or others1 and without regard to citizenship status or criminal charge4 7c7 ,review of exclusions ,in the case of a female incarcerated person who has been pregnant or given birth while in the custody of the ,bureau of ,prisons1 and has been excluded from participation in the ,washington ,state ,department of ,corrections' ,residential ,parenting ,program and the ,mothers and ,infants ,nurturing ,together ,program eligibility1 such exclusion shall be reviewed by the ,director of the ,women and ,special ,populations ,branch1 or the ,director's designee who must be a licensed psychologist4 7d7 ,reports ,beginning on the date that is #a year after the date of enactment of this title1 and annually thereafter1 the ,attorney ,general shall submit a report to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives and the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives that contains the following information about the ,washington ,state ,department of ,corrections' ,residential ,parenting ,program and the ,mothers and ,infants ,nurturing ,together ,program3 7#a7 ,the number of women who have been pregnant or given birth while in the custody of the ,bureau of ,prisons4 7#b7 ,the number of women who participate in the ,washington ,state ,department of ,corrections' ,residential ,parenting ,program and the ,mothers and ,infants ,nurturing ,together ,program1 including-- 7,a7 the number of participants who start each program2 and 7,b7 the number of participants who complete each program4 7#c7 ,for all incarcerated persons who enter each program and do not complete each program1 the reasons for failure to complete the program4 7#d7 ,the number of available1 unused program participation incarcerated person spaces4 7#e7 ,the number of female incarcerated persons who have been pregnant or given birth while in the custody of the ,bureau of ,prisons who have been excluded from participation in the programs by the ,bureau of ,prisons or personal preference1 and the reasons for such exclusion4 #faa4 ,report on failure to comply with the #ejj mile rule ,beginning on the date that is #a year after the date of enactment of this title1 and annually thereafter1 the ,director of the ,bureau of ,prisons shall submit a report on compliance with the requirements under section #cfba7;b7 of title #ah1 ,united ,states ,code1 to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives and the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives that contains-- 7#a7 the number of incarcerated persons who are not placed in a facility that is within #ejj miles of their primary residence2 7#b7 for each incarcerated person who is not placed in a facility that is within #ejj miles of his or her primary residence1 the reason for such placement2 7#c7 for each incarcerated person who is not placed in a facility that is within #ejj miles of his or her primary residence1 the number of miles from the primary residence to the facility where such is placed2 and 7#d7 for each incarcerated person who is not placed at a facility within #ejj miles of his or her primary residence1 whether such incarcerated person has received any visits in the previous calendar year1 and if so1 how many4 #fab4 ,,gao study on representation in the ,bureau of ,prisons ,the ,comptroller ,general of the ,united ,states shall conduct a study of the best practices as of the date of enactment of this ,act in recruiting and retaining women as correctional officers within the ,bureau of ,prisons4 ,this report shall also include practices which have been counterproductive to any such effort4 ,additionally the report shall detail the demographics of the ,bureau workforce as of the date of the study1 disaggregated by age1 racial1 ethnic1 and gender composition4 #fac4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #e1jjj1jjj for each of fiscal years #bjbg through #bjca4 ,not less than #cj percent of such funding shall be used for salaries and benefits and increased employment mandates as provided under this title4 ,,vii ,,gender-,,informed ,,reentry ,,reform #gja4 ,focus on women at residential reentry centers and in community confinement ,the ,director shall ensure that placement of incarcerated persons into prerelease custody through community confinement1 which shall include residential reentry centers1 community treatment centers1 halfway houses1 restitution centers1 mental health facilities1 alcohol or drug rehabilitation centers1 or other community correctional facilities1 shall-- 7#a7 in the case of an incarcerated person who is a custodial parent of a minor child1 permit the visitation with such child or residence with such child2 7#b7 shall ensure that such placement provides adequate gender-appropriate hygiene1 healthcare1 and nutrition needs2 and 7#c7 in the case of an incarcerated person who is a victim of domestic violence1 dating violence1 sexual assault1 that such incarcerated person be permitted the ability to reside in a safe1 and if necessary confidential1 community confinement dwelling4 #gjb4 ,focusing supervision on the rehabilitation of women 7a7 ,training requirement ,the ,chief ,united ,states ,probation ,officer shall ensure that all training for probation officers shall include-- 7#a7 that all individuals enrolled in the academy fulfill a training session on gender-informed supervision practices2 and 7#b7 gender-informed supervision practices shall include evidence-based training on the specific needs of women who enter the justice system and have been incarcerated1 and shall include training on trauma1 sexual and physical abuse1 family issues1 physical and mental health issues1 hygiene issues1 racial disparities in the arrests of and law enforcement contacts with women1 and issues related to the supervision and arrest of parents1 including the identification and appropriate responses to a child1 present or not present1 whose parent is supervised1 arrested1 searched1 or otherwise1 in order to help minimize potential trauma and support a child's physical safety and well-being4 7b7 ,successful rehabiliation ,section #cfjc7c7 of title #ah1 ,united ,states ,code1 is amended by striking to aid a probationer or a person on supervised release who is under his supervision1 and to bring about improvements in his conduct and condition and inserting to effect the successful rehabilitation and reintegration of a probationer or a person on supervised release into society1 using trauma-informed and restorative techniques with an understanding of the collateral consequences of conviction4 #gjc4 ,gender-responsive modification of supervised release restrictions ,section #cehc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e71 by inserting and after consideration of any basis for difficulty in compliance by the defendant1 including parental obligations1 poverty1 substance use disorders1 mental health disorders1 or otherwise after 7a77#g72 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#b71 by inserting or at the end2 7,b7 in paragraph 7#c71 by striking or2 and 7,c7 by striking paragraph 7#d74 ,,viii ,definitions #hja4 ,definitions ,in this ,act1 the terms gender-responsive1 trauma-informed1 and victim-centered as used within this ,act shall have the meanings given such terms in rules made by the ,substance ,abuse and ,mental ,health ,services ,administration4