BCRA of 2025
- Bill Number
- H.R. 5901
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-10-31: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-05T22:52:39Z
AI-Generated Summary
Purpose
The Births in Custody Reporting Act of 2025 (BCRA of 2025) aims to improve the tracking and treatment of pregnant and postpartum inmates in state and local correctional facilities by requiring states to report anonymized data to the U.S. Attorney General. This data collection is intended to identify patterns in maternal and neonatal health outcomes, reduce harmful practices like unnecessary restraints, and inform policy changes to enhance care for this vulnerable group.
Key Provisions
- Reporting Requirements: States receiving certain federal crime-fighting funds must submit quarterly reports to the Attorney General with anonymized, aggregated data on pregnant inmates and those who give birth while in custody (including jails, prisons, boot camps, and juvenile facilities). Reports cover facilities under state or local jurisdiction.
- Specific Data Elements:
- Total number of pregnant inmates, their race and ethnicity, and the quarter they entered custody.
- Whether pregnancy tests were given within one week of admission and prenatal visits occurred within seven days of confirmation.
- Pregnancy outcomes (e.g., live birth, stillbirth, miscarriage, ectopic pregnancy, maternal or neonatal death, preterm birth), including when and where they occurred (on-site or off-site).
- Use of restraints on pregnant inmates (e.g., during pregnancy, labor, delivery, transport; types like ankle, wrist, or abdominal; and justifications).
- Postpartum status: Number of inmates still in custody 12 weeks after delivery, including screenings for postpartum depression and medical appointments within two weeks post-delivery.
- Use of restrictive housing (solitary confinement) for pregnant or postpartum inmates, including reasons and duration.
- Privacy Protections: Reports cannot include any personally identifiable information about inmates.
- Compliance Timeline and Enforcement: States have 120 days (with possible 120-day extension for good-faith efforts) to begin reporting. Non-compliant states face up to a 10% reduction in federal funds under the Omnibus Crime Control and Safe Streets Act (a key federal grant program for law enforcement). Withheld funds are reallocated to compliant states.
- Oversight and Analysis: The Attorney General must publish all reports publicly, conduct a study on the data to explore ways to improve inmate treatment and links between custody conditions and adverse outcomes (e.g., deaths or preterm births), and submit a report to Congress within two years of enactment.
Significant Changes to Existing Law
This bill introduces mandatory, standardized national reporting on maternal health in correctional facilities, which was not previously required under federal law. It ties compliance to existing federal funding streams (e.g., under the Omnibus Crime Control and Safe Streets Act), creating financial incentives without directly amending that law. It also mandates a federal study and public data release, promoting transparency absent in prior statutes focused on general prison conditions.
Potential Impacts
- Government Agencies: State correctional agencies and local facilities will face new administrative burdens for data collection and reporting, potentially requiring system updates or staff training. The U.S. Department of Justice (via the Attorney General) gains responsibilities for guideline-setting, enforcement, fund adjustments, and analysis, which could strain resources but enable evidence-based reforms.
- Citizens: Incarcerated pregnant and postpartum individuals—often from marginalized groups—may benefit indirectly from improved care standards driven by data insights, such as reduced restraint use or better medical access. Broader society could see enhanced public safety through healthier mother-child outcomes post-release, though short-term costs may fall on taxpayers via federal grants.
- International Relations: No direct impacts, as the bill focuses on domestic U.S. correctional practices.
Main Stakeholders Affected
- States and Local Governments: Primary reporters and funders affected by potential grant reductions.
- Correctional Facilities and Staff: Jails, prisons, boot camps, and juvenile centers must track and report detailed health and restraint data.
- Pregnant and Postpartum Inmates: Direct subjects of the reporting, potentially gaining from policy improvements addressing their health needs.
- U.S. Attorney General and Department of Justice: Responsible for enforcement, publication, study, and congressional reporting.
- Congress and Advocacy Groups: Benefit from data for oversight; groups focused on women's rights, criminal justice reform, and maternal health may use reports to push for changes.
- Federal Grant Recipients: Law enforcement and crime prevention programs could see funding shifts based on state compliance.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal oversight of state prisons without overriding state authority, using funding conditions (a common "carrot-and-stick" approach upheld in cases like South Dakota v. Dole, 1987, which allows Congress to attach conditions to highway funds). Emphasizes anonymized data to comply with privacy laws like HIPAA (Health Insurance Portability and Accountability Act, which protects medical information).
- Constitutional: Raises no major challenges, as reporting is aggregate and non-identifiable, avoiding Eighth Amendment concerns over cruel and unusual punishment (e.g., by highlighting restraint or isolation practices that courts have scrutinized in pregnancy cases). Could indirectly support due process rights by promoting humane treatment.
- Political: Bipartisan sponsorship signals cross-aisle support for maternal health in prisons, potentially advancing criminal justice reform amid debates on incarceration's societal costs. May spark discussions on equity, given required race/ethnicity data, without mandating quotas or direct interventions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Wilson, Frederica S. [D-FL-24]
Cosponsors (13)
Rep. Van Drew, Jefferson [R-NJ-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Bishop, Sanford D. [D-GA-2], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Crockett, Jasmine [D-TX-30], Rep. Cleaver, Emanuel [D-MO-5], Rep. Lee, Summer L. [D-PA-12], Rep. Sewell, Terri A. [D-AL-7], Rep. Thompson, Bennie G. [D-MS-2], Rep. McBride, Sarah [D-DE-At Large], Rep. Clarke, Yvette D. [D-NY-9], Rep. Salinas, Andrea [D-OR-6], Rep. Scott, David [D-GA-13]
Recent Actions
- 2025-10-31: Referred to the House Committee on the Judiciary.
- 2025-10-31: Introduced in House
- 2025-10-31: Introduced in House
Bill Versions
- Births in Custody Reporting Act of 2025 — issued 2025-10-31 — PDF (7 pages)