What does Preamble of Pregnant Women in Custody Act do?

This bill aims to address the health needs of incarcerated women related to pregnancy and childbirth.

What does SHORT TITLE. of Pregnant Women in Custody Act do?

This bill is formally titled the Pregnant Women in Custody Act.

What does DEFINITIONS. of Pregnant Women in Custody Act do?

This Act defines terms related to facilities and individuals in custody. Definitions include 'covered facility', 'in custody', and 'postpartum recovery'. Terms also define 'other pregnancy outcome', 'restraints', and 'restrictive housing'.

What does DATA COLLECTION. of Pregnant Women in Custody Act do?

This section mandates the Director of the Bureau of Justice Statistics to include statistics related to the health needs of incarcerated pregnant women in the National Prisoner Statistics Program and Annual Survey of Jails. Data collection must begin no later than one year after the Act's enactment, utilizing authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968. The required statistics encompass demographic information, pregnancy care services provided, hospital proximity, policies for medical complications, high-risk pregnancy determinations, and the number of women who became pregnant while incarcerated. The section also requires tracking instances of incarcerated pregnant women placed in restrictive housing, including reasons, circumstances, and duration. Data must also include the disposition of the infant's custody post-delivery. The Directors of the Office of Homeland Security Statistics and the Office of Refugee Resettlement are tasked with publishing statistics related to pregnant women in their custody. Data collected under this section is prohibited from containing any personally identifiable information.

What does FAMILY UNITY. of Pregnant Women in Custody Act do?

The Director of the Bureau of Prisons, Secretary of Homeland Security, or the Director of the Office of Refugee Resettlement must provide nursery or residential services and programs to women in custody. These services include programs that enable a mother and infant to remain together after delivery and permit regular mother-infant contact periods. Lactation support, including counseling sessions and physical tools, must be provided to women in custody.

What does CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO PREGNANCY AND of Pregnant Women in Custody Act do?

This section mandates that the Director of the Bureau of Prisons, Secretary of Homeland Security, or the Director of the Office of Refugee Resettlement provide appropriate services and programs to women in custody related to pregnancy and childbirth. Women of reproductive age in custody have the right to request contraception and testing for pregnancy and sexually transmitted diseases, and will receive a pregnancy test upon entry, which they may decline. Protocols relating to the health of a pregnant woman must be provided and complied with, including assessments of safety risks and accommodations for housing, bedding, diet, recreation, and living conditions. Pregnant women in custody are entitled to prenatal education, counseling, and birth support services, including information on parental rights, family preservation, and postpartum health. Women who give birth while in custody or in the six months prior to intake will receive counseling on parental rights, family preservation, and postpartum health conditions. Women in custody who are pregnant or experience a pregnancy outcome will be evaluated for substance use disorders or mental health conditions, including postpartum depression. The Bureau of Prisons must promulgate rules within 180 days to provide services for unexpected childbirth deliveries and related medical complications. The Bureau of Prisons will use best efforts to provide evidence-based treatment for pregnant women diagnosed with substance use or mental health disorders.

What does USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT WOMEN of Pregnant Women in Custody Act do?

This section amends Section 4322 of Title 18, United States Code, to prohibit the use of restrictive housing on incarcerated women during pregnancy, labor, and postpartum recovery. The prohibition begins when pregnancy is confirmed and ends 12 weeks after delivery, or longer as determined by a healthcare professional. Exceptions to the prohibition allow for restrictive housing if an individualized determination is made that it's required as a temporary response to behavior posing a serious and immediate risk of physical harm. Such determinations require daily review, an individualized plan for moving the woman to less restrictive housing, and prohibit solitary confinement during the third trimester. The Bureau of Prisons and United States Marshals Service must submit reports to Congress every 180 days for 10 years detailing instances of restrictive housing placement. Incarcerated women must be notified of restrictions on restrictive housing, their right to report violations, and that facility staff have been advised of their rights. Processes must be established for incarcerated individuals to report violations of the section, and retaliation against those reporting violations is prohibited. The Bureau of Prisons and United States Marshals Service must develop and incorporate education guidelines regarding the health needs of incarcerated pregnant women and the use of restrictive housing. Individuals injured by a violation of this section may bring a civil action against the Director of the Bureau of Prisons or the Director of the United States Marshals Service.

What does USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT WOMEN of Pregnant Women in Custody Act do?

This section amends the Immigration and Nationality Act to prohibit the use of restrictive housing on incarcerated pregnant women during pregnancy, labor, and postpartum recovery. The prohibition begins when pregnancy is confirmed and ends 12 weeks after delivery or as determined by a healthcare professional. Exceptions to the prohibition allow for restrictive housing if an official determines it's necessary to address a serious and immediate risk of physical harm, subject to daily review and a plan for moving the woman to less restrictive housing. Solitary confinement is prohibited for women in their third trimester who are placed in restrictive housing. Officials must submit written reports to healthcare professionals and Congress regarding restrictive housing placements, including the reasoning, details, and attempts at alternative interventions. Pregnant women must be notified of restrictions on restrictive housing, their right to report violations, and staff awareness of their rights. Processes must be established for incarcerated individuals to report violations of the section. Facility staff must be notified of a pregnant woman's pregnancy and her rights. Retaliation against individuals reporting violations is prohibited. The Secretaries of Homeland Security and Health and Human Services must develop and incorporate education guidelines regarding the health needs of pregnant women and the use of restrictive housing.

What does TREATMENT OF WOMEN WITH HIGH-RISK PREGNANCIES. of Pregnant Women in Custody Act do?

This section amends Chapter 303 of title 18, United States Code, to ensure healthcare for incarcerated pregnant women. The Director of the Bureau of Prisons must evaluate each pregnant woman to determine if the pregnancy is high-risk. Incarcerated women with high-risk pregnancies may be transferred to a Residential Reentry Center with adequate healthcare. Transferred women accrue time towards their sentence at the Residential Reentry Center. Civil action is available for violations of this section.

What does REPORTING REQUIREMENT REGARDING CLAIMS FILED BY PREGNANT of Pregnant Women in Custody Act do?

This section mandates the Director of the Bureau of Prisons to publicly release annual data on claims filed by pregnant inmates. The required information includes the total number of Administrative Remedy appeals, institution-level Requests for Administrative Remedy, and informal requests related to pregnant inmates. The Bureau of Prisons must also report the number of requests or appeals that were unresolved before the inmate gave birth or became moot. The annual report must include the average, shortest, and longest resolution times for each category of request or appeal.

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Pregnant Women in Custody Act

Last updated: 5/8/2026 · Introduced: 5/7/2026

Author: Sydney Kamlager-Dove (D-CA)

TL;DR (AI)

This bill mandates the collection of data on the health needs of incarcerated pregnant women, including pregnancy care, restrictive housing instances, and infant custody disposition.
It requires facilities to provide nursery or residential services, lactation support, and programs enabling mother-infant contact for incarcerated women.
The bill prohibits the use of restrictive housing on incarcerated women during pregnancy, labor, and postpartum recovery, with limited exceptions and reporting requirements.
It mandates healthcare evaluations for high-risk pregnancies and potential transfers to Residential Reentry Centers with adequate healthcare.
The bill directs the Bureau of Prisons to publicly release annual data on claims filed by pregnant inmates and requires training for correctional staff on treating incarcerated women during pregnancy and postpartum.

119th Congressin committeeOfficial page

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