H.R. 5901: Births in Custody Reporting Act of 2025

The Births in Custody Reporting Act of 2025 is a proposed piece of legislation aimed at gathering structured data on individuals who give birth while incarcerated or detained in law enforcement custody. The main focus of the bill is to require states to report specific information about pregnant inmates and those who have given birth while in custody. Below are the key aspects of the bill:

Definitions

The bill establishes relevant terms, such as "boot camp prison" and "State," in line with an existing legal framework.

Reporting Requirements

States that receive certain federal funds will need to provide quarterly reports to the Attorney General. These reports should include anonymized and aggregate data about pregnant individuals in custody, including:

• The total number of pregnant inmates in custody for the calendar year.
• Demographic information such as race and ethnicity of each pregnant inmate.
• Details about when each inmate was admitted to custody.
• Information on pregnancy testing and prenatal care, including the timing of these services.
• Outcomes of pregnancies that occurred while in custody, including live births, stillbirths, miscarriages, and any associated maternal or neonatal deaths.
• Details about the use of restraints on pregnant inmates, including during pregnancy, labor, and delivery.
• Information about inmates who were still confined after giving birth and whether they received postpartum care and screening for depression.
• The number of inmates placed in restrictive housing while pregnant or postpartum.

Personal Data Protection

The bill mandates that reports cannot include personally identifiable information about any inmates.

Compliance and Consequences

States must comply with the reporting requirement within 120 days of the bill's enactment. If they fail to do so, they may face up to a 10% reduction in federal funds allocated for criminal justice programs in the following fiscal year.

Fund Reallocation

If a state does not comply with the reporting obligations, the funds that would have gone to that state will be reallocated to those that have complied.

Publication of Reports

The Attorney General is responsible for making the submitted reports public.

Study and Further Assessment

The Attorney General will conduct a study based on this data to assess how it can improve the treatment of pregnant inmates and explore any connections between adverse pregnancy outcomes (like stillbirths or maternal deaths) and the conditions experienced in custody.

Report to Congress

Within two years of the bill's enactment, the Attorney General is required to report to Congress with the findings of the study.

Relevant Companies

None found