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1 A BILL
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3 25-914
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 ______________
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9 To amend An Act To create a Department of Corrections in the District of Columbia to improve
10 the resources and supports available to incarcerated individuals who are pregnant while in
11 the custody of the Department of Corrections, to make pregnancy testing, pregnancy
12 counseling options, and abortion counseling options available to incarcerated individuals
13 who are pregnant or may be pregnant, to provide a pregnant individual with a method to
14 request the presence of a support or alternate support person, to provide necessary
15 supplies for safe storage and transportation of breast milk, and to provide for a private
16 right of action for damages and such other remedies as appropriate; and to amend the
17 Limitations on the Use of Restraints Amendment Act of 2014 to expand reporting
18 requirements on the use of restraints.
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20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the “Safe and Supported Pregnancy and Delivery Amendment Act of 2024”.
22 Sec. 2. An Act To create a Department of Corrections in the District of Columbia,
23 approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.01 et seq.), is amended by
24 adding new sections 10 and 11 to read as follows:
25 “Sec. 10. Safe and supported pregnancy and delivery for incarcerated individuals.
26 “(a) The Department of Corrections (“Department”) shall make pregnancy testing,
27 pregnancy counseling options, and abortion counseling options available to incarcerated
28 individuals who are pregnant or may be pregnant.
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29 “(b) The Department shall ensure that incarcerated individuals who are pregnant receive
30 confidential, appropriate, timely, culturally responsive, and comprehensive healthcare,
31 evaluation, and treatment from healthcare providers licensed in the District, including:
32 “(1) Healthcare for related health conditions that emerge during the pregnancy or
33 during postpartum recovery;
34 “(2) Specialized pregnancy or postpartum healthcare, if necessary, which may be
35 referred to external healthcare providers, in accordance with the Limitations on the Use of
36 Restraints Amendment Act of 2014, effective July 25, 2015 (D.C. Law 20-280; D.C. Official
37 Code 24-276.01 et seq.); and
38 “(3) Medical, healthcare, and personal care supplies prescribed or recommended
39 by a licensed healthcare provider treating an individual or reasonably requested by an individual,
40 which shall be provided at no cost to the individual, including:
41 “(A) Equipment and cleaning supplies necessary to safely pump, store,
42 and transport breast milk, including nursing brassieres, breast pumps, breast milk storage bags,
43 detergent, bottle brushes, drying racks, a refrigerator of sufficient capacity, and a cooler; and
44 “(B) The diet that is required by Department policy or is medically
45 recommended during pregnancy and postpartum.
46 “(c)(1) If an incarcerated individual who is pregnant is scheduled to deliver an infant
47 while in the custody of the Department, the Department shall provide the individual with a
48 method to request the presence of a support person, or an alternate support person in the event
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49 that the primary support person is unavailable, at the time of delivery, during labor, delivery, a
50 cesarean section, a pregnancy termination, and during postpartum recovery while hospitalized.
51 “(2)(A) The Director of the Department or the Director’s designee shall approve a
52 request for a primary support person and an alternate support person within 5 business days after
53 receipt of a request, unless the department determined the request raises specific safety or
54 security concerns for the incarcerated individual, infant, public, or staff.
55 “(B) Denials shall be issued sparingly and shall not be issued based
56 on the requested support persons’ past criminal record or their probation, conditional release,
57 parole, or supervision status.
58 “(C) The Department shall not require that a primary support
59 person or an alternate support person need to have visited the incarcerated individual while in
60 Department custody prior to serving as a support person.
61 “(D) If the Director of the Department or the Director’s designee
62 denies a request for a primary support person or an alternate support person, detailed reasons for
63 the denial shall be provided in writing to the incarcerated individual within 3 business days after
64 the denial. The written denial shall provide the rationale for the denial, including specific safety
65 or security concerns for the incarcerated individual, infant, public, or staff. Upon receipt of a
66 written denial, an incarcerated individual may submit another request.
67 “(3)(A) The Department shall notify the incarcerated individual and approved
68 support persons within 3 business days after approving the request.
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69 “(B) The Department shall provide approved support persons with
70 information regarding their rights and responsibilities as a support person, the anticipated due
71 date or possible due dates of the incarcerated individual, and a written confirmation stating the
72 above to bring to the hospital.
73 “(C) Approved support persons shall be notified as follows:
74 “(i) Within one hour after the Department determining that an
75 incarcerated individual is in labor or at least one hour before an incarcerated individual is
76 transported to a hospital for labor and delivery or termination; and
77 “(ii)Within one hour after an induction, cesarean section, or
78 pregnancy termination is scheduled.
79 “(D) When the incarcerated individual is transported to a hospital for labor
80 and delivery, the Department shall notify the designated hospital security staff in writing of the
81 support person’s name and contact information to facilitate access.
82 “(E) The alternate support person may be present with the incarcerated
83 individual in the event that the primary support person cannot be present with the incarcerated
84 individual during labor, delivery, a cesarean section, pregnancy termination, or during
85 postpartum recovery while hospitalized.
86 “(d)(1) The incarcerated individual shall be given the maximum level of privacy possible
87 during labor, delivery, a cesarean section, or a pregnancy termination.
88 “(2) Department officers required to escort or accompany the incarcerated
89 individual to a hospital during labor, delivery, a cesarean section, pregnancy termination, or
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90 during postpartum recovery while hospitalized shall be stationed outside the delivery room;
91 except, that in the event of extraordinary circumstances as determined by the Department, a
92 Department officer may stand in a place in the delivery room that grants as much privacy as
93 possible to the incarcerated individual throughout labor, delivery, a cesarean section, or a
94 pregnancy termination; provided further, that a Department officer may not be stationed in the
95 delivery room if a Department staff member is present acting as the incarcerated individual’s
96 approved support person or if the medical provider determines that the removal of the
97 Department officer is medically necessary.
98 “(e) For the duration of the period that an approved support person is present with the
99 incarcerated individual, the Department shall:
100 “(1) Allow a support person to freely leave the delivery room and return;
101 “(2) Allow a support person to bring a camera or a telephone with a camera into
102 the delivery or recovery room;
103 “(3) Allow a support person and the incarcerated individual to take pictures; and
104 “(4) Allow an incarcerated individual to use a support person’s telephone
105 speakerphone capabilities to communicate about the birth of the infant.
106 “(f) At least 2 months prior to an incarcerated pregnant individual’s estimated delivery
107 date or within one week of arrival in DOC custody if the incarcerated individual’s estimated
108 delivery date is sooner than 2 months away, the Department shall provide the individual with
109 contact information for family law attorneys that can counsel the individual regarding their
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110 options to establish the infant’s paternity, and for the placement, custody, and care of the infant
111 after birth.
112 “(g) The Department shall allow additional visitation above that permitted by Department
113 policy between an incarcerated individual who is the parent of a child under one year of age and
114 that child, and shall give special consideration of additional visitation to an incarcerated
115 individual who is breastfeeding their child. The Department shall allow an incarcerated
116 individual who pumps breast milk to breast feed their child during visitation if the individual
117 informs a supervising guard that they wish to.
118 “(h) The rights provided for incarcerated individuals by this section shall be posted in any
119 non-English language spoken by one or more limited or no-English proficient incarcerated
120 individuals in at least one conspicuous place to which all incarcerated individuals have access
121 and in locations in the Department where medical care is provided.
122 “(i) Any individual in the Department’s custody who is known to be pregnant or could be
123 pregnant shall receive notice in writing in a language and manner understandable to them about
124 the requirements of this section upon admission to the Department.
125 “(j) The Department shall ensure that all guards and staff who interact with incarcerated
126 individuals known to be or could become pregnant receive annual training of their
127 responsibilities under this section.
128 “(k) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
129 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue
130 rules to implement the provisions of this section.
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131 “Sec. 11. Private right of action.
132 “(a) Any incarcerated individual who has been deprived of the rights conferred by section
133 10 shall have a private cause of action in any court of competent jurisdiction for damages and
134 such other remedies as may be appropriate. A private cause of action pursuant to this section
135 shall be filed in a court of competent jurisdiction within one year after the unlawful act, or the
136 discovery thereof.
137 “(b) An incarcerated individual who prevails in a private cause of action under this
138 section shall be entitled to costs, including reasonable attorney’s and expert’s fees.
139 “(c) Notwithstanding any other law:
140 “(1) No action shall be brought under this section until such administrative
141 remedies as are available are exhausted;
142 “(2) If an incarcerated individual is not provided timely access to the necessary
143 resources, including access to any requested grievance form, writing utensils, and access to the
144 Inmate Grievance Procedure mailbox, to make use of the grievance process outlined in paragraph
145 (1) of this subsection, the administrative remedy process outlined by paragraph (1) of this
146 subsection shall be deemed unavailable; and
147 “(3) In an action under this section, an incarcerated individual’s sworn statement
148 including facts that if true would be sufficient to show the individual had either completed the
149 grievance process or that the grievance process was unavailable to the individual, shall create a
150 rebuttable presumption that can only be overcome by clear and convincing evidence that the
151 grievance process was completed or unavailable.”.
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152 Sec. 3. The Limitations on the Use of Restraints Amendment Act of 2014, effective July
153 25, 2015 (D.C. Law 20-280; D.C. Official Code § 24-276.01 et seq.), is amended as follows:
154 (a) Section 203(b) (D.C. Official Code § 24-276.03(b)) is amended by striking the phrase
155 “provide the following information to the Council:” and inserting the phrase “submit to the
156 Council Secretary and to the Council chairperson with oversight jurisdiction over the Department
157 a report containing, at a minimum, the following:” in its place.
158 (b) Section 204 (D.C. Official Code § 24-276.04) is amended as follows:
159 (1) The existing text is designated as subsection (a).
160 (2) A new subsection (b) is added to read as follows:
161 “(b) The Department shall ensure that all guards and staff who interact with incarcerated
162 individuals known to be or could become pregnant receive annual training of their
163 responsibilities under this title.”.
164 (c) A new section 205 is added to read as follows:
165 “Sec. 205. Private right of action.
166 “(a) Any incarcerated individual who has been deprived of the rights conferred by this
167 title shall have a private cause of action in any court of competent jurisdiction for damages and
168 such other remedies as may be appropriate. A private cause of action pursuant to this section
169 shall be filed in a court of competent jurisdiction within one year after the unlawful act, or the
170 discovery thereof.
171 “(b) An incarcerated individual who prevails in a private cause of action under this
172 section shall be entitled to costs, including reasonable attorney’s and expert’s fees.
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173 “(c) Notwithstanding any other law:
174 “(1) No action shall be brought under this section until such administrative
175 remedies as are available are exhausted;
176 “(2) If an incarcerated individual is not provided timely access to the necessary
177 resources, including access to any requested grievance form, writing utensils, and access to the
178 Inmate Grievance Procedure mailbox, to make use of the grievance process outlined in paragraph
179 (1) of this subsection, the administrative remedy process outlined by paragraph (1) of this
180 subsection shall be deemed unavailable; and
181 “(3) In an action under this section, an incarcerated individual’s sworn statement
182 including facts that if true would be sufficient to show the individual had either completed the
183 grievance process or that the grievance process was unavailable to the individual, shall create a
184 rebuttable presumption that can only be overcome by clear and convincing evidence that the
185 grievance process was completed or unavailable.”.
186 Sec. 3a. Applicability.
187 (a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget
188 and financial plan.
189 (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
190 an approved budget and financial plan, and provide notice to the Budget Director of the Council
191 of the certification.
192 (c)(1) The Budget Director shall cause the notice of the certification to be published in the
193 District of Columbia Register.
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194 (2) The date of publication of the notice of the certification shall not affect the
195 applicability of this act.
196 Sec. 4. Fiscal impact statement.
197 The Council adopts the fiscal impact statement in the committee report as the fiscal
198 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
199 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
200 Sec. 5. Effective date.
201 This act shall take effect following approval by the Mayor (or in the event of veto by the
202 Mayor, action by the Council to override the veto), and a 60-day period of congressional review
203 as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
204 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)).
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