February 24, 2025
Mr. Ossoff (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To encourage States to report to the Attorney General certain information regarding inmates who give birth in the custody of law enforcement agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Births in Custody Reporting Act of 2025
or the BCRA of 2025
.
Sec. 2. State information regarding pregnant individuals and individuals who give birth in the custody of law enforcement
(a) Definitions
In this section, the terms boot camp prison
and State
have the meanings given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)).
(b) Report
For each fiscal year after the expiration of the period specified in subsection (e)(1) in which a State receives funds for a program referred to in subsection (e)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, anonymized and aggregate information regarding any inmates who are pregnant or who have given birth while detained or incarcerated at a custodial facility within the jurisdiction of the State, including a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility).
(c) Information required
The report required by subsection (b) shall contain information that, at a minimum, includes—
(1)
the total number of pregnant inmates in custody to date in that calendar year;
(2)
the race and ethnicity of each pregnant inmate described in paragraph (1);
(3)
the quarter of admission to custody for each pregnant inmate described under paragraph (1);
(4)
whether each female inmate was administered a pregnancy test not later than 1 week after admission to custody;
(5)
whether each pregnant inmate received a prenatal visit with a qualified medical professional not later than 7 days after facility personnel determined that the inmate was pregnant;
(6)
the outcome of each inmate’s pregnancy if the pregnancy occurred while the inmate was in custody, including live birth, stillbirth, miscarriage, ectopic pregnancy, maternal death, neonatal death, and preterm birth;
(7)
the quarter when the pregnant inmate was released from custody or when the pregnancy outcome described in paragraph (6) occurred, whichever occurs first;
(8)
whether each outcome under paragraph (6) took place at the custodial facility or at an off-site location, and if at an off-site location, which off-site location;
(9)
the number of times that restraints were used on each pregnant inmate, the type of restraint used, and the justification for the use of restraints, and including the following information—
(A)
whether restraints were used during pregnancy, during labor, or during delivery;
(B)
whether restraints were used while the pregnant inmate was in transit between the custodial facility and medical appointments, a hospital, or court proceedings; and
(C)
whether restraints were used on the pregnant inmate’s ankles, wrists, or abdomen;
(10)
the number of pregnant inmates who were still in custody postpartum, defined as at least 12 weeks after delivery, and information about each of those inmates, including—
(A)
whether each inmate, as described in this paragraph, received a screening for postpartum depression with a qualified medical provider; and
(B)
whether each inmate, as described in this paragraph, received a postpartum medical appointment with a qualified medical provider not later than 2 weeks after delivery; and
(11)
the total number of inmates described in paragraphs (1) and (10) who were placed in restrictive housing while pregnant or postpartum, the reason for such placement, and the amount of time spent in restrictive housing.
(d) Personally identifiable information
Data collected under subsection (c) may not contain any personally identifiable information of any incarcerated pregnant or postpartum inmate.
(e) Compliance and ineligibility
(1) Compliance date
Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (b), except that the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection.
(2) Ineligibility for funds
For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (b), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.).
(f) Reallocation
Amounts not allocated under the program referred to in subsection (e)(2) to a State for failure to fully comply with subsection (b) shall be reallocated under that program to States that have not failed to comply with such subsection.
(g) Publication of reports by Attorney General
The Attorney General shall make available to the public each report submitted under subsection (b).
(h) Study required
The Attorney General shall carry out a study on the information reported under subsection (c) to—
(1)
determine means by which such information can be used to improve the treatment of inmates who are pregnant or who have given birth at the jails, prisons, and other specified facilities covered in the reports; and
(2)
examine—
(A)
the relationship, if any, between stillbirths, miscarriages, maternal deaths, neonatal deaths, and preterm births that occur while inmates are in custody; and
(B)
the actions of management of such jails, prisons, and other specified facilities.
(i) Report to Congress
Not later than 2 years after the date of enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by subsection (h).