HR 9817: Justice for Incarcerated Moms Act

HR 9817 in plain English: The Justice for Incarcerated Moms Act would establish grant programs aimed at improving conditions and services for incarcerated mothers, authorizing $10,000,000 per year for fiscal years 2027 through 2031 for each of at least two separate grant programs.

Stated purpose

This bill aims to end the use of physical restraints on pregnant incarcerated people and to create model programs in federal prisons that support the health of pregnant and postpartum incarcerated individuals.

Key points

• Authorizes $10,000,000 per year (2027–2031) for one grant program related to incarcerated mothers
• Authorizes an additional $10,000,000 per year (2027–2031) for a second grant program
• Requires a GAO report, likely reviewing conditions or outcomes for incarcerated mothers

Arguments supporters make

• Shackling pregnant people during labor or medical care is widely considered dangerous and cruel, and this bill closes gaps in states that have not yet banned the practice.
• Pregnant incarcerated people face higher risks of poor birth outcomes, and structured prenatal and postpartum programs could reduce preventable harm to both mothers and newborns.
• Using existing federal grant funding as a lever avoids creating new spending while still encouraging states to adopt minimum health and safety standards.

Arguments opponents make

• Reducing states' law enforcement grants by 25 percent for a prison health policy unrelated to crime control could deprive communities of funds meant for public safety programs.
• Federal mandates tied to funding pressure limit states' ability to craft solutions that fit their own correctional systems and populations.
• Pilot programs in only 6 federal facilities may do little to improve conditions in the far larger number of state and local jails where most incarcerated pregnant people are held.

Tradeoffs

The bill uses federal grant funding as an incentive, which could speed adoption of anti-shackling protections but also reduces money available for other law enforcement purposes in non-complying states. Focusing new maternal health programs on federal facilities may produce useful models but leaves the majority of incarcerated pregnant people in state and local systems largely unaffected.

Current status in Congress: In committee.

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