New Federal Mandate Requires States to Report Quarterly Data on Pregnant Inmates and Restraint Use

The Births in Custody Reporting Act of 2025 (BCRA) is a straightforward piece of legislation with a huge goal: shining a spotlight on the treatment of pregnant and postpartum individuals inside state and local correctional facilities. In simple terms, this bill mandates that any state receiving federal funding for certain programs must now report detailed, anonymized data every quarter to the Attorney General about every pregnant inmate and every birth that occurs while someone is in custody.

This isn't just about counting heads. The required reports dig deep into specifics, tracking everything from whether an inmate received a pregnancy test within a week of admission and a prenatal visit within seven days of facility staff confirming the pregnancy, to the outcome of the pregnancy—specifying live birth, stillbirth, miscarriage, or maternal death. It’s designed to create a clear, data-driven picture of maternal health care behind bars, something that has historically been opaque.

The Restraint Report: Tracking the How and Why

One of the most critical sections of the BCRA focuses entirely on the use of restraints. The quarterly reports must detail every instance restraints were used on a pregnant inmate, specifying the type (ankles, wrists, abdomen), the justification for the use, and whether it occurred during pregnancy, labor, delivery, or transit to medical appointments or court. For anyone concerned about the dignity and safety of pregnant people in custody, this level of mandated transparency is a game-changer. It forces facilities to document and justify practices that have been highly controversial in the past.

Postpartum Care and the Public Eye

Beyond delivery, the bill requires tracking for inmates still in custody 12 weeks postpartum. Facilities must report whether the individual received a screening for postpartum depression and a follow-up medical appointment within two weeks after delivery. For the busy parent or professional, this means the bill acknowledges that postpartum care is critical, even in a custodial setting, and demands accountability for that care.

Crucially, all this collected data will be made public by the Attorney General, who is also required to conduct a study on how facility management actions might relate to adverse outcomes like stillbirths or maternal deaths. This means the data isn't just filed away; it will be used to inform policy and drive change, putting the treatment of pregnant inmates under public scrutiny.

The Compliance Catch

For states, compliance isn't optional; it’s tied to the purse strings. States have 120 days from the bill's enactment to start complying. If a state fails to submit the required quarterly reports after the compliance period, the Attorney General has the discretion to reduce that state’s federal funding under a specific crime control program by up to 10 percent. This is the bill's enforcement mechanism, ensuring that states take the reporting requirements seriously. While this creates an administrative burden for state and local correctional facilities, the financial incentive to comply is significant. Ultimately, this bill is a data collection effort designed to bring transparency and, hopefully, better standards to a very vulnerable population, using federal dollars as the leverage point.