Pregnant Women in Custody Act

Enhanced Family Unity: The bill requires the provision of nursery or residential services that allow a mother and infant to remain together after delivery and permit regular contact (Section 4).

Improved Lactation Support: Women will have access to lactation counseling and physical tools or equipment to assist with lactation (Section 4).

Guaranteed Bonding Time: The Act ensures a minimum bonding time of 60 minutes between a mother and her newborn (Section 4).

Access to Essential Health Services: Women of reproductive age in Bureau of Prisons facilities will have access to contraception and testing for pregnancy and sexually transmitted diseases upon request (Section 5).

Nutritional Protections: The bill requires appropriate diet modifications, including prenatal vitamins and a prohibition on withholding food or serving food used as punishment (Section 5).

Comprehensive Education: Pregnant women will receive prenatal education and counseling covering topics such as parental rights, family preservation, and the health and safety risks of pregnancy and postpartum depression (Section s 5).

Mental Health and Substance Use Support: The Act mandates evidence-based screening for mental health conditions and substance use disorders, and directs the Bureau of Prisons to use best efforts to provide appropriate treatment (Section 5).

Care for High-Risk Pregnancies: Women with high-risk pregnancies can be transferred to a Residential Reentry Center with adequate healthcare, provided they agree to the transfer (Section 8).

Protection from Restrictive Housing: The bill prohibits holding pregnant women in restrictive housing or shackling/restraining them during pregnancy, labor, or delivery, except in specific circumstances (Section 6 and Section 7).

Limited Exceptions for Restrictive Housing: An incarcerated woman may still be placed in restrictive housing if a Bureau of Prisons official determines it is a necessary temporary response to behavior posing a serious and immediate risk of physical harm (Section 6 and Section 7).

Transfer Requirements for High-Risk Care: While providing a benefit, the transfer of high-risk pregnant women to a Residential Reentry Center is contingent upon the woman agreeing to the transfer (Section 8).