Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 4051: Treatment of primary caretaker parents and other individuals

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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 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 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. 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.). 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. 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. 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.).

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