Title 18Crimes and Criminal ProcedureRelease 119-73

§4051 Treatment of primary caretaker parents and other individuals

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 303— - BUREAU OF PRISONS › § 4051

Last updated Apr 6, 2026|Official source

Summary

Creates an office in the Bureau of Prisons that decides where federal prisoners will be held and sets rules to protect pregnant people, parents, and other at-risk prisoners. Key terms: correctional officer = a Bureau of Prisons guard; covered institution = a federal prison; Director = the Bureau of Prisons Director; post-partum recovery = the first 12 weeks after giving birth; primary caretaker parent = as defined in the Family Unity Demonstration Project Act; prisoner = someone jailed in a federal prison; vulnerable person = someone under 21 or over 60, pregnant, a crime victim or witness, someone who filed a nonfrivolous civil rights suit, or someone found to have suffered severe trauma or gender-based violence (by a court, prison official, lawyer, or the person). The new office must try to place prisoners close to their children when possible and may use other factors it considers relevant. Pregnant prisoners or those in the 12-week post-partum period cannot be put in segregation unless they are an immediate danger, and any such placement must be temporary. The Director must ask about family and parenting needs at intake and later, offer voluntary parenting classes to primary caretaker parents (including for people with limited English under Title VI), train staff to spot and refer trauma-related health needs, train staff who work with families on child-appropriate interactions and basic development, and make sure prisoners get adequate health care, free basic hygiene items, access to gynecologists, and rules so sanitary products are available and visitors are not barred for using them. Nothing here changes the Prison Rape Elimination Act requirements.

Full Legal Text

Title 18, §4051

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)In this section—
(1)the term “correctional officer” means a correctional officer of the Bureau of Prisons;
(2)the term “covered institution” means a Federal penal or correctional institution;
(3)the term “Director” means the Director of the Bureau of Prisons;
(4)the term “post-partum recovery” means the first 12-week period of post-partum recovery after giving birth;
(5)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);
(6)the term “prisoner” means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
(7)the term “vulnerable person” means an individual who—
(A)is under 21 years of age or over 60 years of age;
(B)is pregnant;
(C)is victim or witness of a crime;
(D)has filed a nonfrivolous civil rights claim in Federal or State court; or
(E)during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
(i)by any court or administrative judicial proceeding;
(ii)by any corrections official;
(iii)by the individual’s attorney or legal service provider; or
(iv)by the individual.
(b)(1)The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
(2)In determining the placement of a prisoner, the office established under paragraph (1) shall—
(A)if the prisoner has children, consider placing the prisoner as close to the children as possible; and
(B)consider any other factor that the office determines to be appropriate.
(c)(1)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.
(2)Any placement of a prisoner described in paragraph (1) in a segregated housing unit shall be limited and temporary.
(d)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.
(e)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.).
(f)The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
(1)identify a prisoner who may have a mental or physical health need relating to trauma the prisoner has experienced; and
(2)refer a prisoner described in paragraph (1) to the proper health care professional for diagnosis and treatment.
(g)The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on—
(1)how to interact with children in an age-appropriate manner, and the children’s caregivers;
(2)basic childhood and adolescent development information; and
(3)basic customer service skills.
(h)(1)The Director shall ensure that all prisoners receive adequate health care.
(2)The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The Director shall make rules—
(A)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
(B)providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products.
(3)The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
(4)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.).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (e), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of Title 42 and Tables. The Prison Rape Elimination Act of 2003, referred to in subsec. (h)(4), is Pub. L. 108–79, Sept. 4, 2003, 117 Stat. 972, which is classified generally to chapter 303 (§ 30301 et seq.) of Title 34, Crime Control and Law

Enforcement

. For complete classification of this Act to the Code, see

Short Title

of 2003 Act note set out under section 10101 of Title 34 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. Implementation Date Section, as enacted by Pub. L. 117–103, to be implemented no later than 2 years after Mar. 15, 2022, with interim progress report required, see section 1001(d) of Pub. L. 117–103, set out as an Implementation Date of 2022 Amendment note under section 3621 of this title.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4051

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73