Oversight, Investigations, and Accountability Subcommittee, Homeland Security Committee, Border Security and Enforcement Subcommittee, Judiciary Committee, Budget Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, titled the "Pregnant Women in Custody Act," seeks to address the health and safety needs of incarcerated women who are pregnant, in labor, or in postpartum recovery across various correctional settings. It applies to federal, state, Tribal, and local correctional facilities, as well as facilities under the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement. A key provision mandates comprehensive data collection by the Bureau of Justice Statistics and other agencies, starting one year after enactment. This data will include demographics of pregnant women, details on pregnancy care and services provided (e.g., prenatal visits, doula support, parenting programs, nursery availability), and the location of obstetric care. It will also track incidents of restrictive housing for pregnant or postpartum women, the reasons for such placements, and the duration. The bill requires the provision of appropriate services and programs to address the health and safety needs of women related to pregnancy and childbirth. This includes access to contraception, pregnancy testing upon intake, and adherence to protocols for pregnant women. These protocols cover essential modifications such as appropriate housing, bedding, clothing, regular access to water and bathrooms, and a diet compliant with nutritional standards, including prenatal vitamins and additional caloric content. Furthermore, the legislation emphasizes family unity by requiring programs that enable mothers and infants to remain together after delivery, permit regular mother-infant contact, and provide lactation support, including counseling and physical tools. A minimum bonding time of 60 minutes between a mother and newborn is also mandated. Educational and support services are required for pregnant women, covering parental rights, family preservation, nutritional information, health risks, and breastfeeding. A significant aspect of the bill is the prohibition of restrictive housing and restraints for incarcerated women during pregnancy, labor, and at least 12 weeks postpartum. Exceptions for restrictive housing are allowed only if an individualized determination is made that it is a temporary response to a serious and immediate risk of physical harm, with daily review and a plan for less restrictive housing. Solitary confinement is specifically prohibited for women in their third trimester. Facilities must report on any use of restrictive housing, notify pregnant women of their rights, and establish processes for reporting violations without fear of retaliation. The bill also mandates education guidelines and training for Bureau of Prisons staff, U.S. Marshals, and employees of Homeland Security and Health and Human Services facilities on the physical and mental health needs of pregnant women and alternatives to restrictive housing and restraints. For women with high-risk pregnancies , the Director of the Bureau of Prisons must ensure appropriate healthcare and, if the woman agrees, transfer them to a Residential Reentry Center with adequate health care. This transfer should prioritize locations close to family, use safe transportation, and the time spent there will count towards their sentence. The bill also requires annual public reporting on administrative claims filed by pregnant inmates. Finally, the bill allows any person injured by a violation of its provisions regarding care, restrictive housing, or high-risk pregnancy treatment to bring a civil action in a U.S. district court for compensatory damages and injunctive relief. The Comptroller General is also directed to study services and protections for pregnant incarcerated women in state and local correctional settings.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Border Security and Enforcement.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Border Security and Enforcement.
Crime and Law Enforcement
Pregnant Women in Custody Act
USA119th CongressHR-8690| House
| Updated: 5/8/2026
This bill, titled the "Pregnant Women in Custody Act," seeks to address the health and safety needs of incarcerated women who are pregnant, in labor, or in postpartum recovery across various correctional settings. It applies to federal, state, Tribal, and local correctional facilities, as well as facilities under the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement. A key provision mandates comprehensive data collection by the Bureau of Justice Statistics and other agencies, starting one year after enactment. This data will include demographics of pregnant women, details on pregnancy care and services provided (e.g., prenatal visits, doula support, parenting programs, nursery availability), and the location of obstetric care. It will also track incidents of restrictive housing for pregnant or postpartum women, the reasons for such placements, and the duration. The bill requires the provision of appropriate services and programs to address the health and safety needs of women related to pregnancy and childbirth. This includes access to contraception, pregnancy testing upon intake, and adherence to protocols for pregnant women. These protocols cover essential modifications such as appropriate housing, bedding, clothing, regular access to water and bathrooms, and a diet compliant with nutritional standards, including prenatal vitamins and additional caloric content. Furthermore, the legislation emphasizes family unity by requiring programs that enable mothers and infants to remain together after delivery, permit regular mother-infant contact, and provide lactation support, including counseling and physical tools. A minimum bonding time of 60 minutes between a mother and newborn is also mandated. Educational and support services are required for pregnant women, covering parental rights, family preservation, nutritional information, health risks, and breastfeeding. A significant aspect of the bill is the prohibition of restrictive housing and restraints for incarcerated women during pregnancy, labor, and at least 12 weeks postpartum. Exceptions for restrictive housing are allowed only if an individualized determination is made that it is a temporary response to a serious and immediate risk of physical harm, with daily review and a plan for less restrictive housing. Solitary confinement is specifically prohibited for women in their third trimester. Facilities must report on any use of restrictive housing, notify pregnant women of their rights, and establish processes for reporting violations without fear of retaliation. The bill also mandates education guidelines and training for Bureau of Prisons staff, U.S. Marshals, and employees of Homeland Security and Health and Human Services facilities on the physical and mental health needs of pregnant women and alternatives to restrictive housing and restraints. For women with high-risk pregnancies , the Director of the Bureau of Prisons must ensure appropriate healthcare and, if the woman agrees, transfer them to a Residential Reentry Center with adequate health care. This transfer should prioritize locations close to family, use safe transportation, and the time spent there will count towards their sentence. The bill also requires annual public reporting on administrative claims filed by pregnant inmates. Finally, the bill allows any person injured by a violation of its provisions regarding care, restrictive housing, or high-risk pregnancy treatment to bring a civil action in a U.S. district court for compensatory damages and injunctive relief. The Comptroller General is also directed to study services and protections for pregnant incarcerated women in state and local correctional settings.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Border Security and Enforcement.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Border Security and Enforcement.