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HR 9817

Justice for Incarcerated Moms Act

119th Congress Introduced by Alma Adams and 40 co-sponsors

Prohibits shackling pregnant detainees and funds federal/state programs to provide comprehensive, trauma‑informed maternal health care and reentry support in prisons and jails.

Introduced in House
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Bill Summary · HR 9817

Overview

  • Bill: HR 9817, Justice for Incarcerated Moms Act
  • Session: 119th Congress
  • Purpose: Prohibit shackling of pregnant individuals in certain facilities and create a comprehensive framework to improve maternal health outcomes for pregnant and postpartum people who are incarcerated. Includes grant programs, model care in federal facilities, and state/local prison/jail funding and reporting.

What the bill aims to do

  • End the use of restraints on pregnant individuals in specified detention settings (with a phase-in period) and ensure alignment with standards similar to those in federal law.
  • Establish and fund model programs to improve maternal health care and outcomes for incarcerated pregnant and postpartum individuals.
  • Create grant programs at both federal and state levels to expand maternal health services in prisons, jails, and pretrial diversion contexts.
  • Require reporting and independent oversight to track program effectiveness and maternal health outcomes, with an emphasis on racial and ethnic disparities.

Key provisions and changes

Section 2 – Ending the shackling of pregnant individuals

  • Phase-in: 6 months after enactment, in states that receive Byrne Memorial Justice Grant Program funds and lack state laws restricting restraints substantially similar to 18 U.S.C. 4322, grant funds would be reduced by 25%.
  • Reallocation: The reduced funds would be redistributed to states that comply.

Section 3 – Creating model programs in federal facilities

  • Mandate: By no later than 1 year after enactment, the Attorney General (through the Bureau of Prisons) must establish programs in at least 6 facilities to improve maternal health for pregnant/postpartum incarcerated individuals.
  • Stakeholder input: Programs developed with input from: community-based and maternal health organizations, patients groups, maternity care providers, perinatal health workers, researchers, and policy experts.
  • Program elements (non-exhaustive):
    • Access to perinatal health workers; nutrition and activity guidance; safe, respectful care by trained correctional and medical staff; trauma- and culturally-informed care; mental health and substance use treatment; pregnancy/childbirth education; support for bonding with newborns (visitation, nursery access, breastfeeding support); reentry assistance (health insurance, medical records transfer, linkages to community services); partnerships to expand pretrial diversion for pregnant/postpartum individuals.
  • Duration and reporting: 5-year program span; annual reporting on outcomes and strategies for sustainability beyond the grant period.
  • Oversight: Independent oversight contract to assess program implementation.
  • Funding: $10 million per fiscal year from 2027–2031.

Section 4 – Grant program for state and local prisons/jails

  • Establishment: Within 1 year, Attorney General, via the Bureau of Justice Assistance, to award Justice for Incarcerated Moms grants to states to create or expand programs for pregnant and postpartum incarcerated individuals.
  • Use of funds: Similar program components as federal facilities, including perinatal health workers, nutrition guidance, staff training, trauma-informed care, mental health treatment, parenting and health literacy, reentry support, and pretrial diversion partnerships.
  • Priority and duration: Grant awards prioritized by the scale of need and demonstrated commitment to exemplary programs; 5-year grant duration.
  • Reporting and oversight: States must report on health outcomes and program effectiveness at 3 and 6 years; independent oversight required; 6-year congressionally guided final report; funding likewise set at $10 million annually (2027–2031).

Section 5 – GAO report

  • The Comptroller General must deliver a report within 2 years focusing on adverse maternal and infant health outcomes among incarcerated individuals, highlighting racial/ethnic disparities and barriers to data collection.

Section 6 – Definitions

  • Clarifies terms such as culturally and linguistically congruent care, maternal mortality, pregnancy-related and pregnancy-associated deaths, perinatal health workers, maternity care providers, postpartem periods, and racial/ethnic minority group status.
  • Provides criteria for what constitutes quality maternity care and appropriate health care providers.

Who would be affected

  • Pregnant and postpartum individuals currently incarcerated in federal, state, and local facilities.
  • Bureau of Prisons facilities (federal inmates) and state/local prisons and jails that receive DOJ grants.
  • Health care providers, correctional staff, and perinatal health workers involved in prenatal through postpartum care within detention settings.
  • Community-based organizations, tribal/Urban Indian groups, and health services researchers engaged in program design and evaluation.
  • The general public through oversight and reporting requirements intended to improve health equity and reduce adverse outcomes.

Timelines and progress

  • Enactment triggers: Phase-in for shackling restrictions begins 6 months after enactment.
  • Federal model programs: Initiated within 12 months; start in at least 6 facilities; 5-year program window.
  • State/local grants: Awards within 12 months; 5-year grant window with ongoing reporting.
  • Reporting: Facility-level program results due at 3 years and 6 years post-enactment; GAO report due within 2 years.
  • Oversight: Independent oversight contracts awarded within 1 year.

Potential impact

  • Hardens protections against shackling pregnant individuals in targeted facilities and provides a pathway to safer, more humane maternity care in detention.
  • Builds a structured, multi-year investment in maternal health within the carceral system, potentially reducing maternal mortality and severe morbidity among incarcerated populations.
  • Addresses disparities by requiring data collection and reporting across race, ethnicity, language, and other factors.
  • Encourages pretrial diversion as an alternative to incarceration for pregnant/postpartum individuals, potentially reducing exposure to detention during pregnancy.

Compiled from official sources — confirm details with the bill’s official record.

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