Pregnant Women in Custody Act

Overview

HR 8690, the Pregnant Women in Custody Act, introduced May 7, 2026, seeks to reform how health needs of incarcerated pregnant women are addressed across federal facilities and certain connected agencies. The bill aims to improve prenatal, perinatal, and postpartum care; expand access to support services; minimize the use of restrictive housing and restraints during pregnancy and after delivery; and enhance data collection, training, and oversight. It would apply to a broad set of facilities, including Federal Bureau of Prisons facilities, certain facilities under the Department of Homeland Security, and offices within the Office of Refugee Resettlement (HHS).

Main Purpose and Intent

• To address health needs of incarcerated women related to pregnancy and childbirth.
• To prohibit or tightly regulate restrictive housing and shackling during pregnancy, labor, and postpartum recovery.
• To ensure access to comprehensive health services, education, and family-focused custody options (e.g., mother–infant bonding).
• To improve data collection, transparency, accountability, and professional training related to pregnancy in custody.

Key Provisions and Changes

• Data Collection and Reporting

  • Requires expansion of the National Prisoner Statistics Program and Annual Survey of Jails to collect detailed data on pregnant inmates, including demographics, prenatal/delivery/postpartum care, availability of support persons, nursery or bonding programs, hospital stay lengths, infant custody, and restrictive housing incidents.
  • DHS and HHS agencies must publish relevant in-custody pregnancy statistics on their websites.
  • Data may not contain personally identifiable information.

• Family Unity and Bonding

  • Mandates nursery or residential programs to keep mothers and infants together when possible.
  • Requires regular mother–infant contact, lactation support, and bonding time minimums (at least 60 minutes) between mother and newborn.

• Care for Pregnant Incarcerated Women

  • Ensures access to comprehensive health services for reproductive-age women, including contraception and pregnancy/STD testing, with pregnancy testing on intake (voluntary for the woman).
  • Requires health-care professional–driven protocols for safety and well-being, housing adjustments, feeding/dietary standards, recreation/transportation accommodations, and general living condition changes as needed.
  • Establishes guidelines for addressing postpartum depression and other pregnancy-related health concerns.

• Education and Support Services

  • Pregnant women at intake or who become pregnant must receive prenatal education, counseling, and birth support services within 14 days, covering parental rights, family preservation resources, nutrition, postpartum health, breastfeeding, and child-support information.
  • Adds counseling for those who give birth in custody or shortly before custody.

• Evaluations and High-Risk Pregnancies

  • Requires health screenings for substance use disorders and mental health conditions, with assessment of risk factors (e.g., prior health issues, BMI, prior preeclampsia, age, HIV/diabetes/hypertension, prior C-section, etc.).
  • Provides for tailored health care for high-risk pregnancies and, when appropriate, transfer to Residential Reentry Centers that offer health care near family, with sentence time credited for such transfers.

• Prohibition of Restrictive Housing

  • Broadly prohibits the use of restrictive housing for pregnant women from the date pregnancy is confirmed until at least 12 weeks after delivery (longer if a healthcare professional determines).
  • Allows temporary exceptions for behavior posing a serious and immediate risk, with daily review and a plan to move to less restrictive conditions.
  • Prohibits solitary confinement for pregnant women in the third trimester.
  • Requires written reports after any restrictive housing placement, periodic congressionally reportable updates, and notice to the incarcerated woman of her rights and reporting mechanisms.
  • Creates a process to report violations and protects against retaliation for reporting.

• Training and Education

  • Mandates initial and ongoing training for Bureau of Prisons staff and United States Marshals Service personnel on pregnancy care, restraint avoidance, housing, nutrition, and the rights of pregnant inmates.
  • Requires development and incorporation of guidelines into training, including transportation, housing, nutrition, and health professional-ordered restraints avoidance.

• Civil Remedies and Oversight

  • Provides for civil actions by individuals harmed by violations of these provisions.
  • Requires annual public reporting by the Bureau of Prisons on inmate claims and remedy requests related to pregnancy.

• Related Studies and Budget

  • Requires a GAO study on state and local facilities’ policies governing pregnant inmates, focusing on obstetric/gynecologic care, nutrition, mental health, restraints, and program effectiveness.
  • Includes a PAYGO budgetary effects determination and references a budget justification provision.

Who or What Would Be Affected

• Federally incarcerated pregnant women and those in postpartum recovery across covered facilities.
• Facilities and staff within the Bureau of Prisons, DHS custody facilities, and Office of Refugee Resettlement settings.
• U.S. Marshals Service personnel in custody and transport contexts.
• Agencies responsible for data sharing (BJS, DHS, HHS) and oversight (Attorney General, Congress).
• Providers and facilities offering prenatal/postnatal education and support services, lactation support, and bonding programs.
• New and current correctional staff receiving updated training on pregnancy care and restraint practices.

Procedural and Timeline Aspects

• Data collection provisions: to begin not later than 1 year after enactment.
• Internet publication of in-custody pregnancy statistics: within 1 year of enactment.
• Restrictions on restrictive housing during pregnancy and postpartum: immediate effect upon enactment, with defined timelines for exceptions and reviews.
• Federal agency training: initial training within 180 days of enactment; ongoing trainings twice yearly; new hires must be trained within 30 days of appointment.
• Attorney General reporting: first 180-day report post-enactment, then every 180 days for 10 years.
• Additional rulemakings: an expected Attorney General rulemaking on unexpected births/delivery timelines within 180 days.
• Civil action provisions remain available to affected individuals.
• A GAO study and BEA PAYGO budget considerations accompany the bill, indicating oversight and fiscal planning.

Overall, HR 8690 establishes comprehensive standards to protect the health and dignity of pregnant incarcerated women, reduce the use of restrictive housing during pregnancy, expand family-centered custody options, and improve accountability through data collection and training.