18 U.S.C. § 4051 — Treatment of primary caretaker parents and other individuals
submitted 4 years ago by Pub. L. 117-103 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 751 words · no verdicts yet
This section establishes Bureau of Prisons rules concerning placement, family-focused services, pregnant prisoners, trauma screening, family training, and prisoner health. It defines “primary caretaker parent” by reference to another statute; this section does not define that term.
(a) Definitions. “Correctional officer” means a Bureau of Prisons correctional officer. “Covered institution” means a Federal penal or correctional institution. “Director” means the Bureau's Director. “Post-partum recovery” means the first 12 weeks after giving birth. “Primary caretaker parent” has the meaning in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242); this section does not define it. “Prisoner” means a person incarcerated in a Federal penal or correctional institution, including a vulnerable person. “Vulnerable person” means a person who: (A) is under 21 or over 60; (B) is pregnant; (C) is a crime victim or witness; (D) has filed a nonfrivolous civil-rights claim in Federal or State court; or (E), during incarceration, has been found to have experienced or be experiencing severe trauma or to be a victim of gender-based violence by (i) a court or administrative judicial proceeding, (ii) a corrections official, (iii) the person's attorney or legal-service provider, or (iv) the person.
(b) Geographic placement. (1) The Director must establish a Bureau office that determines prisoner placement. (2) When placing a prisoner, that office must, if the prisoner has children, consider placing the prisoner as close to the children as possible, and must consider any other factor it finds appropriate.
(c) Pregnant prisoners and post-partum recovery. (1) A covered institution may not place a pregnant prisoner or a prisoner in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or another person. (2) Such placement must be limited and temporary.
(d) Intake and assessments. At intake, the Director must assess the need for family-focused programs, including questions about children, interest in parenting resources, and concerns about children or caregiving. The Director must continue assessments to better inform, identify, and recommend services concerning the mother's parental role and family needs.
(e) Parenting classes. The Director must provide voluntary parenting classes to every prisoner who is a primary caretaker parent. The classes must be available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(f) Trauma screening. The Director must train every correctional officer and every Bureau employee who regularly interacts with prisoners, including instructors and health-care professionals. The training must include cultural competency and enable them to: (1) identify prisoners who may have mental or physical health needs related to experienced trauma; and (2) refer those prisoners to the proper health-care professional for diagnosis and treatment.
(g) Family-needs training. The Director must train correctional officers and Bureau employees who interact with prisoners' families about: (1) age-appropriate interaction with children and interaction with their caregivers; (2) basic childhood and adolescent development; and (3) basic customer-service skills.
(h) Prisoner health. (1) The Director must ensure that all prisoners receive adequate health care. (2) The Director must provide essential hygiene products, including shampoo, toothpaste, toothbrushes, and any other product the Director considers appropriate, without charge. The Director must make rules about distributing and making sanitary products accessible so that each prisoner who needs them receives an amount the prisoner considers sufficient. The rules must also provide that a visitor cannot be barred from visiting because the visitor uses sanitary products. (3) The Director must ensure that prisoners have access to a gynecologist when appropriate. (4) Paragraph (1) does not change the requirements of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
In this section—
the term “correctional officer” means a correctional officer of the Bureau of Prisons;
the term “covered institution” means a Federal penal or correctional institution;
the term “Director” means the Director of the Bureau of Prisons;
the term “post-partum recovery” means the first 12-week period of post-partum recovery after giving birth;
the term “primary caretaker parent” has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242);
the term “prisoner” means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
the term “vulnerable person” means an individual who—
is under 21 years of age or over 60 years of age;
is pregnant;
is victim or witness of a crime;
has filed a nonfrivolous civil rights claim in Federal or State court; or
during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
by any court or administrative judicial proceeding;
by any corrections official;
by the individual’s attorney or legal service provider; or
by the individual.
The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
In determining the placement of a prisoner, the office established under paragraph (1) shall—
if the prisoner has children, consider placing the prisoner as close to the children as possible; and
consider any other factor that the office determines to be appropriate.
A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others.
Any placement of a prisoner described in paragraph (1) in a segregated housing unit shall be limited and temporary.
The Director shall assess the need for family-focused programming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs.
The Director shall provide voluntary parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
identify a prisoner who may have a mental or physical health need relating to trauma the prisoner has experienced; and
refer a prisoner described in paragraph (1) to the proper health care professional for diagnosis and treatment.
The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on—
how to interact with children in an age-appropriate manner, and the children’s caregivers;
basic childhood and adolescent development information; and
basic customer service skills.
The Director shall ensure that all prisoners receive adequate health care.
The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The Director shall make rules—
on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and
providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products.
The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
Source credit: (Added Pub. L. 117–103, div. W, title X, § 1001(b), Mar. 15, 2022, 136 Stat. 912.)
- 2022Enacted · Pub. L. 117-103 · 136 Stat. 912
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-103 on 2022-03-15.
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