Her bill also would direct the National Institute of Corrections to provide education and technical assistance to state and local correctional facilities to train staff on the dangers of putting pregnant women in restrictive housing and restraints. And it would require a study of policies covering the care of pregnant women in those facilities.
The bill would also require a basic level of care for pregnant women in federal custody, including diet; vitamins; bedding; clothing; support services; screening and treatment for dangerous risk factors; and plans to deal with serious complications. The bill would bar, in most cases, federal agencies from putting pregnant women in restrictive housing or restraints.
Kamlager-Dove said she proposed requirements for the Department of Homeland Security in the new version of her bill after women alleged they were mistreated and neglected in immigration detention centers while they were pregnant. DHS has denied the allegations.
The bill, which now will be referred to House committees, does not yet have any Republican co-sponsors, imperative for the bill to build enough support to become law. Kamlager-Dove said she has asked members of the majority party to sign on.
The Bloomberg Law/NBC News investigation has also been cited by state lawmakers trying to prevent at-risk women from spending their pregnancies in custody.
In Pennsylvania, the investigation prompted the introduction of the Pregnancy and Pretrial Justice Act, which would restrict cash bail for any pregnant pretrial detainee who is not facing a capital offense or life in prison.
The bill’s author, state Sen. Amanda Cappelletti, a Democrat, said it would ensure that pregnant women are not held in jail without healthcare because they cannot afford bail.
“Recent reporting makes clear how urgently this reform is needed,” Cappelletti told fellow lawmakers earlier this year when introducing the bill. “We know that even short periods in jail can jeopardize maternal and fetal health. No incarcerated person should be denied basic healthcare while pregnant.”
Lawmakers in other states have moved to raise awareness and improve conditions for pregnant women in jail. In Virginia, laws enacted last month make it easier for pregnant women to be released on home electronic monitoring, require standards on lactation policies and require reporting of pregnancies. Later this year, the Texas Department of Criminal Justice is expected to release its first report on maternal health, pregnancy complications and mortality rates in jails.
