SIL18B68 S.L.C.
115
TH
CONGRESS 2
D
S
ESSION
S.
ll
To prohibit the use of restraints and restrictive housing on inmates during the period of pregnancy, labor and postpartum recovery, to collect data on incarcerated pregnant women in the United States and the results of such pregnancies, to address the health needs of incarcerated women related to pregnancy and childbirth, and for other purposes.
IN THE SENATE OF THE UNITED STATES
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Mr. P
AUL
(for himself and Mrs. G
ILLIBRAND
) introduced the following bill; which was read twice and referred to the Committee on
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A BILL
To prohibit the use of restraints and restrictive housing on inmates during the period of pregnancy, labor and postpartum recovery, to collect data on incarcerated pregnant women in the United States and the results of such pregnancies, to address the health needs of incar-cerated women related to pregnancy and childbirth, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SIL18B68 S.L.C.
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting the Health
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and Wellness of Babies and Pregnant Women in Custody
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Act’’ or as the ‘‘Pregnant Women in Custody Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) The number of incarcerated women in the
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United States increased by 700 percent from 1980
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to 2014.
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(2) Justice-involved women are less likely to be
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violent or attempt to escape. The majority of female
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offenders in Federal custody are housed in minimum
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or low security facilities.
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(3) Eighty percent of all incarcerated women
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have children under the age of 18.
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(4) The number of incarcerated pregnant
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women is unknown, but it is estimated that 2,000
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women give birth in custody each year.
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(5) Prenatal care significantly improves out-
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comes for pregnant women, adolescents, and their
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babies.
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(6) Availability of birth coach and doula serv-
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ices to incarcerated pregnant women has been asso-
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ciated with a drop in the rate of Caesarean section
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births from 63 percent to 3 percent.
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SIL18B68 S.L.C.
(7) Birth by Caesarean section on average can
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cost $7,000 to $10,000 more than a natural birth.
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(8) Participation in post-delivery mother-infant
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residency or nursery programs is associated with
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lower recidivism rates, reduced risk of babies enter-
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ing foster care, and improved odds that mothers and
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their babies will remain together after the mother’s
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period of incarceration.
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(9) Use of restrictive housing and restraints on
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incarcerated pregnant women is extremely dangerous
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to the health of mothers, fetuses, and infants. Yet,
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these practices remain legal and practiced widely in
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some States.
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(10) Use of restrictive housing for pregnant
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women creates a serious risk of mental and physical
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harm and can result in deprivation of critical nutri-
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tional and medical care.
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(11) Use of restraints can cause injuries to
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mothers and their babies including physical trauma
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due to falls, increased pain during labor from bone
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separation and muscle tears, blocked circulation, and
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miscarriage.
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(12) The U.S. Department of Justice has stat-
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ed its opposition to the use of restrictive housing
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with pregnant prisoners, but no State or Federal
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