BCRA of 2025
- Sponsor
- Rep. Wilson, Frederica S. [D-FL-24]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 31, 2025
Bottom line
The Births in Custody Reporting Act of 2025 aims to collect comprehensive data on pregnant and postpartum individuals in state and local custody to inform policy and improve care, leveraging federal funding as an incentive for state compliance.
What it actually does
This bill mandates that states receiving certain federal crime control funds report quarterly to the Attorney General on pregnant and postpartum inmates in their custodial facilities. The reports must include anonymized, aggregate data on pregnancy outcomes, medical care access, use of restraints, and placement in restrictive housing, with a focus on improving treatment and understanding adverse outcomes. Non-compliant states face a potential reduction in federal funding.
Proponents argue
Supporters argue this bill addresses a critical lack of data regarding the health and treatment of pregnant and postpartum individuals in correctional facilities. They contend that collecting this information is essential for identifying systemic issues, ensuring humane treatment, improving maternal and neonatal health outcomes, and developing evidence-based policies to protect vulnerable incarcerated populations. The incentive structure encourages states to participate without imposing an unfunded mandate.
Opponents contend
Critics might argue that while the intent is good, the reporting requirements could place an undue administrative burden on state and local correctional facilities, particularly smaller ones with limited resources. They might also raise concerns about data privacy, even with anonymization, or question the effectiveness of a funding reduction as an enforcement mechanism, suggesting it could disproportionately harm states already struggling.
The bill is concise and clearly written, making it accessible for a reader to understand its core provisions and implications within a short timeframe.
Section 2(b)
Mandated Quarterly Reporting on Pregnant and Postpartum Inmates
This provision requires any state that receives federal funds under a specific crime control program to submit quarterly reports to the Attorney General. These reports must contain anonymized and aggregated data about inmates who are pregnant or have given birth while in any state or local custodial facility, including jails, prisons, and juvenile facilities. The goal is to gather comprehensive statistics on this vulnerable population.
Supporters argue
Supporters argue this is a crucial step to address the "data desert" surrounding incarcerated pregnant individuals, enabling informed policy decisions to improve health outcomes and ensure humane treatment.
Critics contend
Some might contend that the administrative burden on correctional facilities, especially smaller ones, could be significant, potentially diverting resources from direct inmate care.
Tradeoffs
Balances the need for comprehensive data to inform policy against the administrative costs and resource allocation challenges for state and local correctional systems.
Section 2(c)
Detailed Information on Inmate Pregnancy and Postpartum Care
This section specifies the minimum information states must include in their quarterly reports. This includes demographic data, timing of pregnancy tests and prenatal visits, pregnancy outcomes (e.g., live birth, stillbirth, maternal death), location of birth, details on the use of restraints during pregnancy, labor, or delivery, and information on postpartum care and placement in restrictive housing. All data must be anonymized.
Section 2(e) and (f)
Enforcement Mechanism Through Federal Grant Funding
This provision sets a compliance deadline of 120 days (with a possible extension) for states to begin reporting. If a state fails to comply after this period, the Attorney General has the discretion to reduce its allocation of funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 by up to 10%. Any funds not allocated due to non-compliance will be reallocated to states that are in compliance.
Section 2(h) and (i)
Federal Study and Congressional Report on Inmate Birth Data
This provision directs the Attorney General to conduct a study using the collected state data. The study's purpose is twofold: to identify ways to improve the treatment of pregnant and birthing inmates in correctional facilities and to investigate any potential links between adverse pregnancy outcomes (like stillbirths or maternal deaths) and the actions or management practices of these facilities. The Attorney General must then submit a report detailing the study's findings to Congress within two years of the bill's enactment.