Rep. Kamlager-Dove and Rep. Debbie Lesko Introduce Bipartisan Legislation to Protect Health of Newborns and Incarcerated Women

WASHINGTON, DC—Last week, Representative Sydney Kamlager-Dove (CA-37) was joined by Representative Debbie Lesko (AZ-8) in introducing the “Pregnant Women in Custody Act.” This bill would put an end to the inhumane practice of shackling women during pregnancy and ensure that pregnant women receive quality care while incarcerated. This legislation is endorsed by Association of Maternal & Child Health Programs a resource and advocacy organization for public health.

“Everyone, no matter their race, geographical location, employment, or incarceration status deserves access to high quality healthcare, including pregnant women in custody,” Rep. Kamlager-Dove said. “We not only have a responsibility to ensure that these babies have a healthy start to life, but these women also have the right to critical healthcare and the right to not be subjected to cruel shackling and restrictive housing. I am proud that both sides of the aisle can come together to protect the health of newborns and support expectant mothers.”

“All life is precious, and so we must do what we can to support pregnant mothers,” said Congresswoman Lesko. “I am pleased to join Congresswoman Kamlager-Dove in introducing this important bipartisan legislation to better protect and address the needs of incarcerated pregnant women and their babies.”

“Quality care and conditions are essential to positive pregnancy outcomes and to the long-term health of both birthing people and their infants,” said Terrance E. Moore, Chief Executive Officer of the Association of Maternal & Child Health Programs. “Yet the use of restrictive housing and restraints on incarcerated pregnant people remain legal and widely practiced in our nation’s prison system. With an estimated 2,000 individuals giving birth in custody each year, it is critical that these extreme and harmful methods of enforcement be abolished and that the national standard of reproductive and maternity care be raised for all incarcerated people. As a national organization representing state leaders in public health dedicated to improving maternal and child health, AMCHP is proud to endorse the Pregnant Women in Custody Act and are grateful to Rep. Kamlager-Dove and Rep. Debbie Lesko for their leadership on this important legislation.”

The “Pregnant Women in Custody Act” establishes requirements to address the health needs of incarcerated women related to pregnancy and childbirth. The bill limits the use of restrictive housing and restraints for pregnant women and for women in postpartum recovery and authorizes early release for incarcerated women whose due dates are within the final year of their sentence. The bill requires the Bureau of Prisons to provide appropriate services and programs to address health and safety needs and appropriate health care to a woman with a high-risk pregnancy.

The bill also requires the Government Accountability Office to study the services and protections for pregnant incarcerated women in state and local correctional settings; and authorizes grants for states, tribes, local governments, or nonprofits to promote the health needs of incarcerated pregnant women by providing obstetrical care, gynecological care, and related services.

Full text of the bill can be found here.

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