II
119THCONGRESS
1
STSESSION S. 687
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.
IN THE SENATE OF THE UNITED STATES
FEBRUARY24, 2025
Mr. O
SSOFF(for himself and Mr. KENNEDY) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A BILL
To encourage States to report to the Attorney General cer-
tain 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Births in Custody Re-4
porting Act of 2025’’ or the ‘‘BCRA of 2025’’. 5
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SEC. 2. STATE INFORMATION REGARDING PREGNANT INDI-1
VIDUALS AND INDIVIDUALS WHO GIVE BIRTH 2
IN THE CUSTODY OF LAW ENFORCEMENT. 3
(a) D
EFINITIONS.—In this section, the terms ‘‘boot 4
camp prison’’ and ‘‘State’’ have the meanings given those 5
terms, respectively, in section 901(a) of the Omnibus 6
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 7
10251(a)). 8
(b) R
EPORT.—For each fiscal year after the expira-9
tion of the period specified in subsection (e)(1) in which 10
a State receives funds for a program referred to in sub-11
section (e)(2), the State shall report to the Attorney Gen-12
eral, on a quarterly basis and pursuant to guidelines es-13
tablished by the Attorney General, anonymized and aggre-14
gate information regarding any inmates who are pregnant 15
or who have given birth while detained or incarcerated at 16
a custodial facility within the jurisdiction of the State, in-17
cluding a municipal or county jail, State prison, State-run 18
boot camp prison, boot camp prison that is contracted out 19
by the State, any State or local contract facility, or other 20
local or State correctional facility (including any juvenile 21
facility). 22
(c) I
NFORMATIONREQUIRED.—The report required 23
by subsection (b) shall contain information that, at a min-24
imum, includes— 25
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(1) the total number of pregnant inmates in 1
custody to date in that calendar year; 2
(2) the race and ethnicity of each pregnant in-3
mate described in paragraph (1); 4
(3) the quarter of admission to custody for each 5
pregnant inmate described under paragraph (1); 6
(4) whether each female inmate was adminis-7
tered a pregnancy test not later than 1 week after 8
admission to custody; 9
(5) whether each pregnant inmate received a 10
prenatal visit with a qualified medical professional 11
not later than 7 days after facility personnel deter-12
mined that the inmate was pregnant; 13
(6) the outcome of each inmate’s pregnancy if 14
the pregnancy occurred while the inmate was in cus-15
tody, including live birth, stillbirth, miscarriage, ec-16
topic pregnancy, maternal death, neonatal death, 17
and preterm birth; 18
(7) the quarter when the pregnant inmate was 19
released from custody or when the pregnancy out-20
come described in paragraph (6) occurred, whichever 21
occurs first; 22
(8) whether each outcome under paragraph (6) 23
took place at the custodial facility or at an off-site 24
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location, and if at an off-site location, which off-site 1
location; 2
(9) the number of times that restraints were 3
used on each pregnant inmate, the type of restraint 4
used, and the justification for the use of restraints, 5
and including the following information— 6
(A) whether restraints were used during 7
pregnancy, during labor, or during delivery; 8
(B) whether restraints were used while the 9
pregnant inmate was in transit between the 10
custodial facility and medical appointments, a 11
hospital, or court proceedings; and 12
(C) whether restraints were used on the 13
pregnant inmate’s ankles, wrists, or abdomen; 14
(10) the number of pregnant inmates who were 15
still in custody postpartum, defined as at least 12 16
weeks after delivery, and information about each of 17
those inmates, including— 18
(A) whether each inmate, as described in 19
this paragraph, received a screening for 20
postpartum depression with a qualified medical 21
provider; and 22
(B) whether each inmate, as described in 23
this paragraph, received a postpartum medical 24
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appointment with a qualified medical provider 1
not later than 2 weeks after delivery; and 2
(11) the total number of inmates described in 3
paragraphs (1) and (10) who were placed in restric-4
tive housing while pregnant or postpartum, the rea-5
son for such placement, and the amount of time 6
spent in restrictive housing. 7
(d) P
ERSONALLYIDENTIFIABLEINFORMATION.— 8
Data collected under subsection (c) may not contain any 9
personally identifiable information of any incarcerated 10
pregnant or postpartum inmate. 11
(e) C
OMPLIANCE ANDINELIGIBILITY.— 12
(1) C
OMPLIANCE DATE.—Each State shall have 13
not more than 120 days from the date of enactment 14
of this Act to comply with subsection (b), except 15
that the Attorney General may grant an additional 16
120 days to a State that is making good faith ef-17
forts to comply with such subsection. 18
(2) I
NELIGIBILITY FOR FUNDS .—For any fiscal 19
year after the expiration of the period specified in 20
paragraph (1), a State that fails to comply with sub-21
section (b), shall, at the discretion of the Attorney 22
General, be subject to not more than a 10-percent 23
reduction of the funds that would otherwise be allo-24
cated for that fiscal year to the State under subpart 25
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1 of part E of title I of the Omnibus Crime Control 1
and Safe Streets Act of 1968 (34 U.S.C. 10151 et 2
seq.). 3
(f) R
EALLOCATION.—Amounts not allocated under 4
the program referred to in subsection (e)(2) to a State 5
for failure to fully comply with subsection (b) shall be re-6
allocated under that program to States that have not 7
failed to comply with such subsection. 8
(g) P
UBLICATION OFREPORTS BYATTORNEYGEN-9
ERAL.—The Attorney General shall make available to the 10
public each report submitted under subsection (b). 11
(h) S
TUDYREQUIRED.—The Attorney General shall 12
carry out a study on the information reported under sub-13
section (c) to— 14
(1) determine means by which such information 15
can be used to improve the treatment of inmates 16
who are pregnant or who have given birth at the 17
jails, prisons, and other specified facilities covered in 18
the reports; and 19
(2) examine— 20
(A) the relationship, if any, between still-21
births, miscarriages, maternal deaths, neonatal 22
deaths, and preterm births that occur while in-23
mates are in custody; and 24
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(B) the actions of management of such 1
jails, prisons, and other specified facilities. 2
(i) R
EPORT TOCONGRESS.—Not later than 2 years 3
after the date of enactment of this Act, the Attorney Gen-4
eral shall prepare and submit to Congress a report that 5
contains the findings of the study required by subsection 6
(h). 7
Æ
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