WASHINGTON, D.C. – Today, U.S. Senators Cory Booker (D-NJ), Majority Whip Dick Durbin (D-IL), and Mazie Hirono (D-HI) reintroduced the Justice for Incarcerated Moms Act, legislation that seeks to improve care for pregnant and postpartum people who are incarcerated. The legislation would provide funding to supply exceptional care, commission a study aimed at understanding how to better address the maternal health crisis within our prison system, and ban the use of restraints or shackles for incarcerated pregnant women. U.S. Representative Ayanna Pressley introduced the bill on the House side in May 2023.
There are over 100,000 women in prisons across the United States, with three-quarters of them being of childbearing age. Additionally, women in prison are at a heightened risk for maternal mortality and severe maternal morbidity, with these poor maternal health outcomes disproportionately affecting Black women who are imprisoned at twice the rate of white women.
“Pregnancy and childbirth are some of life’s most vulnerable moments, and every person, including those who are incarcerated, deserves support, dignity, and safety throughout their journey to becoming a mother,” said Senator Booker. “The alarming reality is that incarcerated mothers face elevated risks of maternal morbidity and mortality, and this disparity disproportionately affects Black women, who are imprisoned at twice the rate of white women. The Justice for Incarcerated Moms Actoffers commonsense reforms to tackle the maternal health crisis in our prisons head-on, ensuring comprehensive care and support for all mothers.”
“No mother should have to deliver their child while shackled. Our correctional system should have standard practices and programs to ensure that moms who are incarcerated get the care they need to have healthy and safe pregnancies and deliveries,” said Senator Durbin. “I’m joining Senator Booker to introduce the Justice for Incarcerated Moms Act to improve maternal and child health outcomes for incarcerated individuals.”
“All pregnant people deserve safety and dignity, regardless of whether or not they’re incarcerated,” said Senator Hirono. “Too often, our jails and prisons fail pregnant people in custody, including the horrific practice of shackling women during childbirth. Our bill would help bring an end to this practice and provide funding to expand health and wellness support for pregnant people before, during, and after birth.”
Specifically, the Justice for Incarcerated Moms Act would:
1. Use financial incentives for all state and local prisons and jails to end the practice of shackling pregnant people.
2. Provide funding for federal, state, and local prisons and jails to establish programs for pregnant and postpartum women in their facilities, including access to support for doulas and other perinatal health workers, counseling, reentry assistance, maternal-infant bonding opportunities, and diversionary programs to prevent incarceration for pregnant and postpartum people.
3. Commission a comprehensive study on maternal mortality and severe maternal morbidity among incarcerated people, with a particular focus on racial and ethnic disparities in maternal health outcomes.
The Justice for Incarcerated Moms Act is endorsed by more than 180 organizations, listed here.
To read the full text of the bill, click here.