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H.R. 9817: Justice for Incarcerated Moms Act

This bill would create new federal efforts to improve health care for pregnant and postpartum people who are incarcerated, and to reduce the use of restraints on pregnant people in custody.

Restrictions on shackling

Starting six months after enactment, states that receive certain federal justice grants would face a 25% reduction in those grants if they do not have statewide laws that limit the use of restraints on pregnant incarcerated people in a way that is substantially similar to federal rules already in place. Any withheld money would be redistributed to states that comply.

Pilot programs in federal prisons

The bill would require the Attorney General, through the Bureau of Prisons, to create maternal health programs at at least six federal prison facilities within one year. These programs would run for five years and would focus on pregnant and postpartum people in custody.

These facility programs could include:

access to perinatal health workers such as doulas, community health workers, and lactation support staff;
healthy food and nutrition counseling during pregnancy;
training for correctional officers on safe and respectful treatment of pregnant people;
training for medical staff on trauma-informed and culturally and linguistically appropriate care;
counseling and treatment for mental health conditions, trauma, substance use disorders, sexual abuse, HIV, pregnancy loss, and chronic conditions;
pregnancy, childbirth, and parenting education;
clinical training opportunities for maternity care providers;
ways for postpartum people to keep in contact with newborns, such as expanded visitation, prison nursery programs, or breastfeeding support;
reentry help, including insurance coverage, medical record transfer, and connections to health care, treatment, and social services after release; and
partnerships to create or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals.

State and local grant program

The bill would also create a grant program for states, through the Bureau of Justice Assistance, to start or expand similar programs in state and local prisons and jails. The same kinds of services listed above could be funded with these grants. Grants would last five years.

States would have to report results after three years and again after six years, including data on maternal and infant health outcomes, patient experiences, and plans to continue or expand the programs. The federal government would also be required to oversee the programs through an independent contractor.

Reporting and oversight

The bill would require the Government Accountability Office to study maternal and infant health outcomes for incarcerated people, with attention to racial and ethnic disparities. The GAO report would examine data such as pregnancy-related deaths, infant deaths, severe maternal morbidity, preterm births, and low-birthweight births, along with barriers to collecting this information and possible policy changes.

Funding

The bill authorizes $10 million per year for fiscal years 2027 through 2031 for the federal prison programs and $10 million per year for the state grant program.