,,ii #aaith ,,congress #ast ,session ,s4 #iaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj1 #bjbe,mrs4 ,murray 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,fetterman1 ,mrs4 ,gillibrand1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,kim1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,mr4 ,padilla1 ,mr4 ,sanders1 ,mr4 ,schiff1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,welch1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to safeguard the humane treatment of pregnant and postpartum women by ensuring the presumption of release and prohibiting shackling1 restraining1 and other inhumane treatment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,shackling and ,detaining ,pregnant ,women ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner for ,u4,s4 ,customs and ,border ,protection4 7#c7 ,detained noncitizen ,the term detained noncitizen includes any adult or juvenile individual detained by any ,federal1 ,state1 or local law enforcement agency 7including under contract or agreement with such agency7 under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#d7 ,detention officer ,the term detention officer means an individual who-- 7,a7 works at a facility1 including an individual who works at a facility pursuant to a contract or subcontract2 and 7,b7 performs duties relating to the security1 custody1 or transport of individuals in custody4 7#e7 ,director ,the term ,director means the ,director for ,u4,s4 ,immigration and ,customs ,enforcement4 7#f7 ,facility ,the term facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,secretary of ,homeland ,security1 including a facility that-- 7,a7 holds such individuals under a contract or agreement with the ,director or the ,commissioner2 or 7,b7 is used1 in whole or in part1 to hold individuals pursuant to an immigration detainer or similar request4 7#g7 ,facility administrator ,the term facility administrator means the official responsible for oversight of a facility1 or the designee of such official4 7#h7 ,postpartum ,the term postpartum means during the #a-year period1 or longer1 as determined by the licensed health care provider of the individual concerned1 following delivery1 including the entire period during which the individual is in a medical facility1 birthing center1 or infirmary after birth4 7#i7 ,restraint ,the term restraint-- 7,a7 means any physical restraint or mechanical device used to control the movement of the body or limbs of a detained noncitizen's body for custody purposes1 including-- 7i7 flex cuffs2 7ii7 soft restraints2 7iii7 hard metal handcuffs2 7iv7 a black box2 7v7 ,chubb cuffs2 7vi7 leg irons2 7vii7 belly chains2 7viii7 a security 7tether7 chain2 7ix7 a convex shield2 and 7x7 any other type of shackles2 and 7,b7 does not include medical restraints4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,limitation on detention of pregnant women and mothers of newborns 7a7 ,access to pregnancy testing ,the ,secretary shall provide every individual being processed into custody access to pregnancy testing during the initial medical screening4 7b7 ,presumption of release 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary-- 7,a7 may not detain1 arrest1 or take into custody an individual under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 who is known to be pregnant1 lactating1 or postpartum1 pending a decision with respect to whether the noncitizen is to be removed from the ,united ,states2 and 7,b7 shall immediately release any detained noncitizen found to be pregnant4 7#b7 ,exceptions ,the ,secretary1 pursuant to chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 may detain an individual who is known to be pregnant1 lactating1 or postpartum-- 7,a7 under extraordinary circumstances in which the ,secretary makes an individualized determination that credible1 reasonable grounds exist to believe that-- 7i7 such individual poses an immediate and serious risk of physical harm to others2 and 7ii7 enrollment in an alternative to detention program cannot mitigate public safety threats associated with such individual2 and 7,b7 if such detention is the only means available to mitigate such threats4 7#c7 ,removal ,if detention is the only means of effectuating the removal from the ,united ,states of a pregnant individual subject to a final order of deportation or removal1 the ,secretary1 solely for the purpose of such deportation or removal1 may detain the pregnant individual in temporary housing in accordance with applicable temporary housing standards for a period equal to the shorter of-- 7,a7 the shortest possible period immediately preceding the deportation or removal of the individual from the ,united ,states2 and 7,b7 #e days4 7c7 ,weekly review 7#a7 ,in general ,the ,secretary shall conduct an individualized review of each noncitizen detained pursuant to subsection 7b77#b7 not less frequently than weekly to determine whether such noncitizen continues to be subject to detention under such subsection4 ,each such review shall be completed within #gb hours after being initiated4 7#b7 ,release ,not later than #bd hours after the ,secretary determines pursuant to paragraph 7#a7 that a pregnant noncitizen is no longer subject to detention under subsection 7b77#b71 the noncitizen shall be released from the facility in which the noncitizen had been detained in accordance with safe release standards4 ,in carrying out such release1 an officer at such facility shall-- 7,a7 prepare the noncitizen's complete medical records1 medications1 and any supplies required to maintain the noncitizen's state of health until the noncitizen can be seen by a community health professional2 and 7,b7 communicate with the noncitizen's attorney of record1 sponsor1 or any post-release service provider as soon as details of the noncitizen's planned release are available4 #d4 ,humane treatment of pregnant detained noncitizens while in detention and custody 7a7 ,prohibition on restraint of pregnant detained noncitizens 7#a7 ,prohibition ,except as provided in paragraph 7#b71 restraints may not be used on a noncitizen who is in the physical custody of the ,department of ,homeland ,security1 including during transport1 if the noncitizen is known to be-- 7,a7 pregnant1 including during labor and delivery2 7,b7 lactating2 or 7,c7 postpartum4 7#b7 ,exceptions 7,a7 ,in general ,notwithstanding paragraph 7#a71 and subject to subparagraph 7,b71 use of a restraint on a detained noncitizen described in paragraph 7#a7 may be permitted only in an extraordinary circumstance1 except in the case of a medical contraindication1 in which the facility administrator has ordered the use of the restraint after making an individualized determination that-- 7i7 credible1 reasonable grounds exist to believe the detained noncitizen poses an immediate and serious risk of physical harm to others2 or 7ii7 reasonable grounds exist to believe the detained noncitizen presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method4 7,b7 ,requirement for least restrictive restraints ,in the rare event of an extraordinary circumstance described in subparagraph 7,a71 only the least restrictive restraint necessary shall be used1 except that-- 7i7 if a doctor1 nurse1 or other health professional treating a detained noncitizen requests that a restraint not be used1 the detention officer accompanying the detained noncitizen shall immediately remove any restraint2 and 7ii7 under no circumstance shall-- 7,i7 a leg1 waist1 or #d-point restraint be used2 7,,ii7 a wrist restraint be used to bind the hands of such a detained noncitizen behind the back of the detained noncitizen or to another individual2 7,,iii7 a detained noncitizen be restrained in a face-down position or on their back2 or 7,,iv7 any restraint be used on any detained noncitizen who is in labor or delivering4 7#c7 ,record of extraordinary circumstances 7,a7 ,requirements ,if a restraint is used on a detained noncitizen pursuant to paragraph 7#b77;,a71 not later than #e days after the date on which the restraint was used1 the facility administrator shall-- 7i7 record in writing the finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint2 and 7ii7 submit the finding to the ,director4 7,b7 ,retention 7i7 ,facility ,with respect to a written finding under subparagraph 7,a77i71 the facility administrator shall-- 7,i7 keep the finding on file at the applicable facility for not less than #e years after the date on which the restraint was used2 and 7,,ii7 make a copy of the finding available for public inspection on request1 only after making appropriate redactions so as to protect personally identifiable information4 7ii7 ,u4,s4 immigration and customs enforcement ,the ,director shall maintain a written finding submitted to the ,director pursuant to subparagraph 7,a77ii7 and make such finding available for public inspection only after making appropriate redactions to protect personally identifiable information4 7b7 ,prohibition on presence of nonmedical staff 7#a7 ,in general ,except as provided in paragraph 7#b71 nonmedical staff may not be present in a room in which a pelvic or breast exam1 labor1 delivery 7whether vaginal or by cesarean delivery71 or treatment of any other symptom relating to a pregnancy of a detained noncitizen is occurring unless their presence is specifically requested by medical personnel and only for a duration that is actually required to fulfill such request4 7#b7 ,exception ,if the presence of nonmedical staff is requested by medical personnel1 the nonmedical staff shall-- 7,a7 be of the detained noncitizen's gender of choice1 if practicable2 and 7,b7 remain at a reasonable distance from the detained noncitizen and face toward the detained noncitizen's head to protect the privacy of the detained noncitizen4 7#c7 ,use of restraints ,if a restraint is used on a detained noncitizen pursuant to subsection 7a77#b77;,a71 an employee of the ,department of ,homeland ,security shall remain immediately outside the room at all times so that the employee may promptly remove the restraint if requested by medical personnel pursuant to subsection 7a77#b77;,b77i74 7c7 ,access to services 7#a7 ,u4,s4 immigration and customs enforcement custody ,a detained noncitizen in the custody of ,u4,s4 ,immigration and ,customs ,enforcement shall have access to health care services1 including comprehensive counseling and services relating to reproductive health care and pregnancy1 including-- 7,a7 routine and specialized prenatal care1 including adequate nutrition and exercise1 ,,hiv testing and treatment1 and prenatal vitamins and vaccines2 7,b7 labor and delivery2 7,c7 treatment for complications from pregnancy2 7,d7 substance use disorder treatment2 7,e7 postpartum physical and mental health care1 including postpartum reversible contraceptive methods2 7,f7 no-cost supply of menstrual hygiene products2 7,g7 lactation services2 and 7,h7 family planning1 continuation of pre-detention contraceptive methods1 and abortion services4 7#b7 ,u4,s4 customs and border protection custody ,the ,commissioner shall ensure that minimum standards of care are met for pregnant detained noncitizens who are in the custody of ,u4,s4 ,customs and ,border ,protection4 7d7 ,requirement for informed medical consent ,services described in subsection 7c77#a7 may not be performed on a detained noncitizen until the provider of such services obtains informed consent from the noncitizen4 ,medical treatment may not be administered to a detained noncitizen against such noncitizen's will4 7e7 ,medical center arrangements ,each facility administrator shall maintain-- 7#a7 an arrangement with the nearest maternity hospital and ensure facility staff know where to take pregnant detained noncitizens in case of emergency2 and 7#b7 a policy to ensure the provision of proper care if a detained noncitizen cannot be moved with immediacy to a medical center4 #e4 ,notice of rights and training 7a7 ,notice of detained noncitizen rights ,the ,secretary shall provide to each detained noncitizen1 in a language or manner that such noncitizen can understand1 notice of the detained noncitizen's rights under this ,act4 7b7 ,training for ,department of ,homeland ,security employees ,at the time of hiring1 and annually thereafter1 the ,secretary shall provide training regarding the requirements under this ,act to each employee of the ,department of ,homeland ,security who is involved in the detention or care of a pregnant detained noncitizen or a postpartum parent of a newborn who is being detained pursuant to chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq474 #f4 ,reports2 rulemaking 7a7 ,reports 7#a7 ,reports by facility administrators ,not later than #cj days after the end of each calendar quarter1 the facility administrator of each detention facility in which #a or more pregnant noncitizens were detained during such quarter shall submit a written report to the ,secretary that includes1 with respect to the facility during such quarter-- 7,a7 an account of every instance of the use of a restraint on a pregnant detained noncitizen during pregnancy1 labor1 or postpartum recovery1 including-- 7i7 the type of restraint2 7ii7 the justification for the use of such restraint2 and 7iii7 the name of the facility administrator who made the individualized determination pursuant to section #d7;a77#b77;,a72 7,b7 the number of pregnant noncitizens held at such facility2 7,c7 the number of released pregnant noncitizens who were held at such facility2 7,d7 the average length of detention of pregnant noncitizens2 7,e7 the number of pregnant noncitizens who were detained for between #ae and #cj days2 7,f7 the number of pregnant noncitizens who were detained longer than #cj days2 and 7,g7 the number of pregnant noncitizens who gave birth while detained and a description of the outcomes of any pregnancies that ended in custody1 including any pregnancy that resulted in a live birth1 a stillbirth1 a miscarriage1 an abortion1 an ectopic pregnancy1 maternal morbidity1 maternal death1 neonatal death1 or preterm birth4 7#b7 ,audit and reports by ,secretary ,not later than #ij days after the last day of each fiscal year1 the ,secretary shall-- 7,a7 complete an audit of the information described in subparagraphs 7,b7 through 7,e7 of paragraph 7#a7 contained in reports covering such fiscal year2 7,b7 submit a report to the appropriate committees of ,congress that includes a summary of the information submitted pursuant to paragraph 7#a71 disaggregated by facility2 and 7,c7 issue regulations in accordance with relevant national standards that set minimum standards for facilities providing medical care to pregnant noncitizens4 7#c7 ,privacy ,none of the reports submitted pursuant to paragraph 7#a7 or 7#b7 may contain the individually identifying information of any detained noncitizen or the noncitizen's health care provider4 7#d7 ,public inspection 7,a7 ,in general ,except as provided in subparagraph 7,b71 each report submitted under this subsection shall be made available on a publicly accessible website of the relevant agency4 7,b7 ,facility administrator ,none of the reports submitted under paragraph 7#a7 or 7#b7 that is posted on a publicly accessible website may contain the name of the facility administrator referred to in paragraph 7#a77;,a77iii74 7b7 ,rulemaking ,the ,secretary shall adopt regulations or policies to implement the requirements under this ,act at each detention facility managed or overseen by the ,department of ,homeland ,security4