§2.State information regarding pregnant individuals and individuals who give birth in the custody of law enforcement
This section requires states receiving funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (i.e., Edward Byrne Memorial Justice Assistance Grant Program, or Byrne JAG) to submit quarterly anonymized, aggregate reports to the Attorney General on pregnant inmates and inmates who gave birth while in custody in state or local facilities (including jails, prisons, boot camp prisons, contract facilities, and juvenile facilities). The reports must include, at a minimum, (1) total number of pregnant inmates by race/ethnicity, admission quarter, pregnancy testing within one week of admission, and prenatal visits within seven days of pregnancy determination; (2) pregnancy outcomes (live birth, stillbirth, miscarriage, ectopic pregnancy, maternal death, neonatal death, preterm birth), release or outcome quarter, location, restraint usage details (type, justification, timing during pregnancy/labor/delivery/transit, body part), postpartum status at 12 weeks (depression screening, medical appointment within two weeks), and restrictive housing placements (reason, duration).
States have 120 days from enactment (extendable by another 120 days for good-faith efforts) to comply; noncompliant states are subject to up to a 10% reduction in Byrne JAG funds in subsequent fiscal years, with withheld amounts reallocated to compliant states. (Thus, the provision incentivizes data collection on maternal and infant health in corrections to inform improvements.) The Attorney General must publish the reports, conduct a study analyzing the data to enhance treatment of pregnant/postpartum inmates and pregnancy outcomes in facilities, and submit findings to Congress within two years of enactment.