The Births in Custody Reporting Act of 2025 (BCRA) would require states to systematically collect and report anonymized data about pregnant inmates and inmates who give birth while in custody. States must submit quarterly data to the Attorney General on a wide range of items—ranging from prenatal care and pregnancy testing to birth outcomes, use of restraints, and postpartum care—covering all custodial facilities within the state (including jails, prisons, boot camps, and juvenile facilities). The goal is to improve the treatment and outcomes for pregnant inmates and their babies, and to inform policy and facility management. Compliance is tied to federal funding: states must meet the reporting requirement within a set deadline, with potential penalties (up to a 10% reduction of certain federal funds) for noncompliance and funds reallocated to states that comply. The Attorney General would publish the reports publicly and conduct a study on how the information can be used to improve care and on associations between pregnancy outcomes and facility management. A Congress-required report on the study would be due within two years of enactment.
Key Points
- 1Quarterly, anonymized reporting by states on inmates who are pregnant or have given birth in custody, covering a broad set of facilities and including juvenile facilities.
- 2Comprehensive data elements required, such as: total number of pregnant inmates, race/ethnicity, admission quarter, pregnancy/testing timelines, prenatal visits, pregnancy outcomes (live birth, miscarriage, stillbirth, ectopic pregnancy, maternal/neonatal death, preterm birth), discharge timing, whether outcomes occurred on-site or off-site, and details on restraints (type, timing, context, and justification).
- 3Postpartum information, including number still in custody after birth (at least 12 weeks), postpartum depression screening, and postpartum medical appointments within two weeks after delivery; and data on use of restrictive housing during pregnancy or postpartum.
- 4Data privacy: reports must avoid personally identifiable information about incarcerated pregnant or postpartum individuals.
- 5Compliance and funding consequences: states have up to 120 days to comply, with a possible 120-day extension; noncompliance can trigger up to a 10% reduction in certain federal funds, with remaining funds reallocated to compliant states.
- 6Public transparency: the Attorney General must publish each report for public access.
- 7AG study and Congress reporting: the Attorney General will study how the data can improve inmate care and management, explore links between pregnancy outcomes and facility practices, and report findings to Congress within two years of enactment.