Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB687 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 687
5	5	To encourage States to report to the Attorney General certain information
6	6	regarding inmates who give birth in the custody of law enforcement
7	7	agencies, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	FEBRUARY24, 2025
10	10	Mr. O
11	11	SSOFF(for himself and Mr. KENNEDY) introduced the following bill;
12	12	which was read twice and referred to the Committee on the Judiciary
13	13	A BILL
14	14	To encourage States to report to the Attorney General cer-
15	15	tain information regarding inmates who give birth in
16	16	the custody of law enforcement agencies, and for other
17	17	purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Births in Custody Re-4
22	22	porting Act of 2025’’ or the ‘‘BCRA of 2025’’. 5
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25	25	•S 687 IS
26	26	SEC. 2. STATE INFORMATION REGARDING PREGNANT INDI-1
27	27	VIDUALS AND INDIVIDUALS WHO GIVE BIRTH 2
28	28	IN THE CUSTODY OF LAW ENFORCEMENT. 3
29	29	(a) D
30	30	EFINITIONS.—In this section, the terms ‘‘boot 4
31	31	camp prison’’ and ‘‘State’’ have the meanings given those 5
32	32	terms, respectively, in section 901(a) of the Omnibus 6
33	33	Crime Control and Safe Streets Act of 1968 (34 U.S.C. 7
34	34	10251(a)). 8
35	35	(b) R
36	36	EPORT.—For each fiscal year after the expira-9
37	37	tion of the period specified in subsection (e)(1) in which 10
38	38	a State receives funds for a program referred to in sub-11
39	39	section (e)(2), the State shall report to the Attorney Gen-12
40	40	eral, on a quarterly basis and pursuant to guidelines es-13
41	41	tablished by the Attorney General, anonymized and aggre-14
42	42	gate information regarding any inmates who are pregnant 15
43	43	or who have given birth while detained or incarcerated at 16
44	44	a custodial facility within the jurisdiction of the State, in-17
45	45	cluding a municipal or county jail, State prison, State-run 18
46	46	boot camp prison, boot camp prison that is contracted out 19
47	47	by the State, any State or local contract facility, or other 20
48	48	local or State correctional facility (including any juvenile 21
49	49	facility). 22
50	50	(c) I
51	51	NFORMATIONREQUIRED.—The report required 23
52	52	by subsection (b) shall contain information that, at a min-24
53	53	imum, includes— 25
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57	57	(1) the total number of pregnant inmates in 1
58	58	custody to date in that calendar year; 2
59	59	(2) the race and ethnicity of each pregnant in-3
60	60	mate described in paragraph (1); 4
61	61	(3) the quarter of admission to custody for each 5
62	62	pregnant inmate described under paragraph (1); 6
63	63	(4) whether each female inmate was adminis-7
64	64	tered a pregnancy test not later than 1 week after 8
65	65	admission to custody; 9
66	66	(5) whether each pregnant inmate received a 10
67	67	prenatal visit with a qualified medical professional 11
68	68	not later than 7 days after facility personnel deter-12
69	69	mined that the inmate was pregnant; 13
70	70	(6) the outcome of each inmate’s pregnancy if 14
71	71	the pregnancy occurred while the inmate was in cus-15
72	72	tody, including live birth, stillbirth, miscarriage, ec-16
73	73	topic pregnancy, maternal death, neonatal death, 17
74	74	and preterm birth; 18
75	75	(7) the quarter when the pregnant inmate was 19
76	76	released from custody or when the pregnancy out-20
77	77	come described in paragraph (6) occurred, whichever 21
78	78	occurs first; 22
79	79	(8) whether each outcome under paragraph (6) 23
80	80	took place at the custodial facility or at an off-site 24
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83	83	•S 687 IS
84	84	location, and if at an off-site location, which off-site 1
85	85	location; 2
86	86	(9) the number of times that restraints were 3
87	87	used on each pregnant inmate, the type of restraint 4
88	88	used, and the justification for the use of restraints, 5
89	89	and including the following information— 6
90	90	(A) whether restraints were used during 7
91	91	pregnancy, during labor, or during delivery; 8
92	92	(B) whether restraints were used while the 9
93	93	pregnant inmate was in transit between the 10
94	94	custodial facility and medical appointments, a 11
95	95	hospital, or court proceedings; and 12
96	96	(C) whether restraints were used on the 13
97	97	pregnant inmate’s ankles, wrists, or abdomen; 14
98	98	(10) the number of pregnant inmates who were 15
99	99	still in custody postpartum, defined as at least 12 16
100	100	weeks after delivery, and information about each of 17
101	101	those inmates, including— 18
102	102	(A) whether each inmate, as described in 19
103	103	this paragraph, received a screening for 20
104	104	postpartum depression with a qualified medical 21
105	105	provider; and 22
106	106	(B) whether each inmate, as described in 23
107	107	this paragraph, received a postpartum medical 24
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110	110	•S 687 IS
111	111	appointment with a qualified medical provider 1
112	112	not later than 2 weeks after delivery; and 2
113	113	(11) the total number of inmates described in 3
114	114	paragraphs (1) and (10) who were placed in restric-4
115	115	tive housing while pregnant or postpartum, the rea-5
116	116	son for such placement, and the amount of time 6
117	117	spent in restrictive housing. 7
118	118	(d) P
119	119	ERSONALLYIDENTIFIABLEINFORMATION.— 8
120	120	Data collected under subsection (c) may not contain any 9
121	121	personally identifiable information of any incarcerated 10
122	122	pregnant or postpartum inmate. 11
123	123	(e) C
124	124	OMPLIANCE ANDINELIGIBILITY.— 12
125	125	(1) C
126	126	OMPLIANCE DATE.—Each State shall have 13
127	127	not more than 120 days from the date of enactment 14
128	128	of this Act to comply with subsection (b), except 15
129	129	that the Attorney General may grant an additional 16
130	130	120 days to a State that is making good faith ef-17
131	131	forts to comply with such subsection. 18
132	132	(2) I
133	133	NELIGIBILITY FOR FUNDS .—For any fiscal 19
134	134	year after the expiration of the period specified in 20
135	135	paragraph (1), a State that fails to comply with sub-21
136	136	section (b), shall, at the discretion of the Attorney 22
137	137	General, be subject to not more than a 10-percent 23
138	138	reduction of the funds that would otherwise be allo-24
139	139	cated for that fiscal year to the State under subpart 25
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142	142	•S 687 IS
143	143	1 of part E of title I of the Omnibus Crime Control 1
144	144	and Safe Streets Act of 1968 (34 U.S.C. 10151 et 2
145	145	seq.). 3
146	146	(f) R
147	147	EALLOCATION.—Amounts not allocated under 4
148	148	the program referred to in subsection (e)(2) to a State 5
149	149	for failure to fully comply with subsection (b) shall be re-6
150	150	allocated under that program to States that have not 7
151	151	failed to comply with such subsection. 8
152	152	(g) P
153	153	UBLICATION OFREPORTS BYATTORNEYGEN-9
154	154	ERAL.—The Attorney General shall make available to the 10
155	155	public each report submitted under subsection (b). 11
156	156	(h) S
157	157	TUDYREQUIRED.—The Attorney General shall 12
158	158	carry out a study on the information reported under sub-13
159	159	section (c) to— 14
160	160	(1) determine means by which such information 15
161	161	can be used to improve the treatment of inmates 16
162	162	who are pregnant or who have given birth at the 17
163	163	jails, prisons, and other specified facilities covered in 18
164	164	the reports; and 19
165	165	(2) examine— 20
166	166	(A) the relationship, if any, between still-21
167	167	births, miscarriages, maternal deaths, neonatal 22
168	168	deaths, and preterm births that occur while in-23
169	169	mates are in custody; and 24
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172	172	•S 687 IS
173	173	(B) the actions of management of such 1
174	174	jails, prisons, and other specified facilities. 2
175	175	(i) R
176	176	EPORT TOCONGRESS.—Not later than 2 years 3
177	177	after the date of enactment of this Act, the Attorney Gen-4
178	178	eral shall prepare and submit to Congress a report that 5
179	179	contains the findings of the study required by subsection 6
180	180	(h). 7
181	181	Æ
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