S.687 - Births in Custody Reporting Act of 2025; BCRA of 2025 (119th Congress)
Summary
The Births in Custody Reporting Act of 2025 (BCRA) aims to improve data collection and oversight regarding pregnant inmates in state custody. It mandates states to report anonymized, aggregate information on pregnant inmates to the Attorney General. This includes details about prenatal care, pregnancy outcomes, and the use of restraints.
Expected Effects
The BCRA will likely lead to increased transparency and accountability in the treatment of pregnant inmates. It could also inform policy changes aimed at improving their healthcare and safety. States may face financial penalties for non-compliance, incentivizing adherence to the reporting requirements.
Potential Benefits
- Improved data collection on the health and treatment of pregnant inmates.
- Increased transparency in correctional facilities regarding maternal health.
- Potential for better healthcare policies and practices for pregnant inmates.
- Identification of systemic issues related to pregnancy and childbirth in custody.
- Public availability of reports, promoting accountability.
Potential Disadvantages
- Potential financial burden on states to comply with reporting requirements.
- Risk of data breaches or misuse of anonymized information.
- Possible resistance from states due to federal mandates.
- Limited direct impact on improving conditions without further legislative action.
- The 10% reduction of funds may impact other areas of the Omnibus Crime Control and Safe Streets Act of 1968.
Constitutional Alignment
The BCRA appears to align with the Constitution, particularly concerning the Eighth Amendment's prohibition against cruel and unusual punishment, as it addresses the health and safety of pregnant inmates. The Commerce Clause (Article I, Section 8) could be invoked to justify federal oversight, as correctional facilities and healthcare impact interstate commerce. The Tenth Amendment reserves powers not delegated to the federal government to the states, but this is balanced by the federal government's power to incentivize state action through funding.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).