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Analysis of H.R. 3150: the Stop Infant Mortality and Recidivism Reduction Act (SIMARRA)
LaRie Burgoyne
Analysis of H.R. 3150: the Stop Infant Mortality and Recidivism Reduction Act (SIMARRA)
Across nations, women and their children are considered at risk populations. Currently
within the United States, more than 200,00 women circulate through the prison system daily,
many of them pregnant or recent mothers (Jackson Lee, 2016). The SIMARRA Act (Stop Infant
Jackson Lee on July 26, 2017, seeks to reduce the high infant mortality and recidivism rate for
female inmates by implementing pilot programs around separate but federal based housing and
nurseries for pregnant inmates as well as the use of risks and needs assessment as the cornerstone
of care for pregnancy during incarceration. This paper seeks to explore the moral and social
implications of the proposed problem and interventions as well as examine the SIMARRA Act
through the policy analysis frameworks by Patton, Zalon, and Ludwick (2015).
Background
Estelle vs. Gamble ruled in 1976 that medical services be provided to all prisoners in
accordance with the Eighth Amendment (Cardaci, 2013). Between the year 1980 to 2010, the
United States witnessed a nearly 646 percent increase in the number of incarcerated women,
bringing it to its highest census in US history (Kajstura, 2017). Risk factors for incarceration
include altered mental health, poverty, substance abuse, domestic violence, and limited access to
resources such as health care (Cardaci, 2013). While in prison, inmates face an increased risk for
violence, mental instability, nutritional and social deficits, and contracting of infectious diseases
such as AIDS, Tuberculosis or Hepatitis (The Rebecca Project for Human Rights, 2010).
Pregnant or not, prison is considered a daunting and dangerous environment and with majority of
female prisoners being of childbearing age, their health risks increase considerably.
H.R. 5130: SIMARRA ACT
Today, of the more than 200,000 female inmates, 25% are estimated to be pregnant
(Jackson Lee, 2016). For most of these women, domestic or sexual violence lie at the root of
their incarceration pathway and poverty and substance abuse, coupled with limited access to
health care resulted in a complex dynamic (Cardaci, 2013). Crimes and addictions once
traditionally handled with treatment, now result in increased incarcerations as the main tool for
the war on drugs. This has resulted in an increased incidence of incarceration while pregnant
(The Rebecca Project for Human Rights, 2010). Coupled with these risk factors, pregnancy while
incarcerated more than triples the likelihood of an adverse outcome (Shlafer, Stang, Dallaire,
General standards of care vary state by state and for some women, incarceration may
increase the positivity of the prognosis for their pregnancies (The Rebecca Project for Human
Rights, 2010). Resources once unavailable such as food, shelter and health care are standard
parts of everyday life. However, this makes a small percentage and most pre- and post- natal
programs as well as rehabilitation programs fail to meet the full needs of their patients (Clarke,
2011). The infant mortality rate is 29.6% for the female prison population compared to 6.1% of
the general United States census (Jackson Lee, 2016). Coupled with a 2017 recidivism rate of
nearly 60%; for chronic repeat offenders and their families, a vicious cycle results in further
The Rebecca Project for Human Rights published an article in October of 2010
documenting the variety in standard of care for pregnant inmates by state. The organization
quantified the quality of care by assigning each state’s prison system a grade, A-F, based on pre-
natal care, shackling and family-based treatment as an alternative to incarceration (The Rebecca
Project for Human Rights, 2010). Nearly half of the states (21) received an overall score of D or
H.R. 5130: SIMARRA ACT
F, the other half (22) mostly receiving a score of C, and only one state, Pennsylvania scoring
above an A with an A-. Forty-three states did not require assessment and examination as part of
pre-natal care or provide screening and treatment for high risk pregnancies. HIV testing was not
provided during pregnancy in forty-eight states. Over forty-four states did not provide education
on appropriate activity levels and safety nor make advanced arrangements for hospital deliveries.
Nearly all states, forty-nine out of the fifty, failed at regularly reporting female inmate pregnancy
rates and delivery outcomes. Thirty-six continue to regularly practice shackling prisoners during
delivery. Finally, thirty-eight states do not provide prison based nurseries, and of the thirteen
that do, only two allow children to stay past the age of two or provide mother-child therapeutic
Correctional Health Care (NCCHC) dictate prenatal care policy for US federal prisons (The
Rebecca Project for Human Rights, 2010). While their policies are comprehensive in writing,
little implementation is evident and reporting on the issue is limited. Programs such as Mothers
and Infants Nurturing Together (by BOP), which allows new mothers with short sentences the
opportunity to complete time in a community based setting or "P-G-O7: Care of the Pregnant
Inmate", part of the Standards of Health Services (by NCCHC) that states best practices for
pregnant inmates, are readily available, but used by less than 5% of the federal prison system
(The Rebecca Project for Human Rights, 2010). There are no laws requiring state adherence to
BOP or NCCHC policy. With the SIMARRA Act, Representative Jackson Lee proposes to
standardize prenatal care for all female inmates as well as provide specialized care for high risk
individuals by instituting separate housing and federal based nurseries to provide treatment to
The SIMARRA Act was introduced to congress on April 29, 2016 by Representative
Jackson Lee and subsequently referred to the House Committee on the Judiciary on May 3, 2016.
On May 6, 2016, the act was referred to the Subcommittee on Crime, Terrorism, Homeland
Security, and Investigations where it was examined and voted on. The Bill was supported and
amendments since introduction. Despite strong support of the bill, as seen in the many
cosponsors and endorsement from organizations such as National WIC Association, the bill died
in the 114th Congress. However, not to be detoured, the bill was reintroduced to congress by
Representative Jackson Lee on July 26, 2017 and once again referred to the Subcommittee on
Crime, Terrorism, Homeland Security, and Investigations on September 9, 2017 were it now sits.
Policy Analysis
During introduction of the bill, Representative Jackson Lee expresses the need to
non-violent crimes and the children they birth behind prison bars” (2017). Jackson Lee clearly
expresses the belief that for children born in prison, incarceration both reduces the chances of
their survival and foster future life inequality (2017). For Jackson Lee, it is evident that not
addressing the needs of incarcerated pregnant women or recent mothers (within 30 months of
birth) and their children is a violation of the 8th and 9th Amendment (2017). Denying the access
to appropriate care and safe environments denies an innocent community (the children) of the
rights to an equal future and ultimately puts our nation’s future generations at risk.
H.R. 5130: SIMARRA ACT
Approval of H.R. 5130 would allow for the implementation of a piolet program
consisting of separate housing for pregnant women and recent mothers (within 30 months of
birth) and their children, as well as standardized pre- and post-natal care and assessment of high
risk individuals with specialized interventions (Jackson Lee, 2016). Current policy dictates that
most expecting women are to remain in the general population during pregnancies and must
relinquish the child once born (Cardaci, 2013). With a recent report by the National revealing
nearly 10,000 babies are born behind bars each year, for those who do not have friends or family
to take the child, many end up in the foster system (Jackson Lee, 2016). In addition, more studies
reveal that early separation of a child from its mother due to incarceration increases the child’s
risk for mental illness, domestic abuse and use of illicit drugs (The Rebecca Project for Human
Rights, 2010). Neo-natal science states that positive early social interactions are essential to a
child’s development (Jackson Lee, 2016). There are currently 10 state run programs similar to
the SIMARRA Act that illustrate a 71% attainment of secure infant-mother bonding and
attachment when placed in a prison nursery. With this, incarcerated mothers who have
participated in such programs are two times less likely to return to prison (The Rebecca Project
for Human Rights, 2010). This not only serves the needs of the specific population, but reduces
the future costs to our nation by reducing recidivism and producing individuals that can give
back to society.
The SIMARRA Act offers a solution to the highest infant mortality rate in all developed
countries, address the issue of a generational cycle of incarceration, and supplies methods for
reducing costs to an overly stretched prison system (Jackson Lee, 2016). This will ultimately be
done by developing risks and needs assessment of pregnant inmates, providing necessary
interventions and regularly evaluation of such measures to ensure evidenced based practice.
H.R. 5130: SIMARRA ACT
Pregnant inmates would be allowed to apply for the program with inclusion factors being the
status of pregnancy at the onset of incarceration and under the custody of the Federal Bureau of
Prisons (Jackson Lee, 2016). If approved, participants would serve the remainder of their
pregnancies and up to thirty-months post birth in housing and nurseries separate from the general
prison population. Program participation would require all participants to meet standards such as
accepting responsibility for primary child care, complying with medical standards and
participation in educational and counseling therapies focused on child care, parenting skills,
abuse (substance, domestic, sexual), and career training. Termination of participation could only
result in the instance of failure to comply with medical terms, release from prison or exceeding
Ethical Discussion
If approved, the SIMARRA Act would grant pregnant inmates separate standards of care
from the general prison population. It is for this reason that the ethical implications of such
policies be examined prior to execution. There are many applicable principles, but it is the
principles of justice and beneficence (Beauchamp and Childress, 2016) that best evaluate
Representative Jackson Lee’s argument for the benefit of the SIMARRA Act.
Justice
Representative Jackson Lee argues that it is an injustice not to supply children born to
incarcerated women, with specialized assistance during what the CDC states is the most critical
period in a child’s life, the first 30 months (Jackson Lee, 2016). But is this truly the case?
Beauchamp and Childress (2016) define justice as the fair handling of both goods and services.
Six frameworks are listed in which justice can be examined, however, the frameworks of equal
share and according to need are the most relevant. With the aid of Mills’ (1991) utilitarian
H.R. 5130: SIMARRA ACT
theory of justice, the issue of justice for unborn children born to incarcerated woman can
“injustice involves the violation of the rights of some identifiable individual” and with this,
“justice implies something which is not only right to do, and wrong not to do, but which some
individual person can claim from us as his moral right” (Mills, 1991). With the well documented
statistics regarding life trajectories of children born behind bars, it would be unjust not to provide
specific specialized interventions for this population (Jackson Lee, 2016). A fair chance at life is
a moral right and equal share implies that each of us have access to resources in regard to this
moral right. Given the physical, mental and spiritual implications of early separation of mother
and child as well as cyclical patterns within families of recidivism and incarceration, it is not
only a violation of justice but a violation of morals not to take steps that have been evidenced to
alleviate these disparities. Beauchamp and Childress (2016) also assert that those who have an
innate advantage (such as birth status) should receive benefits simply because of it and those
who do not, should not suffer simple because of the lack of it. This means that children born
within the prison system should not be deprived of the same care as those born outside simply
because of the disadvantage of their birth status. Once again, a fair chance at life is a moral right
Ethics regarding pregnant inmates is further complexed due to the involvement of three
different populations; non-pregnant inmates, pregnant inmates, and the children born to them.
The financial difficulties of the United States are well known, especially within the correctional
system. With limited resources, is it ethical to invest more resources into one portion of the
population than the rest? In this case, yes. When presenting this question with the framework;
H.R. 5130: SIMARRA ACT
according to need (Mills, 1991), it is evident that pregnant inmates have a special need. Children
born to inmates did not choose to be so, nor did they choose their placement after birth. With the
CDC recommendations (Jackson Lee, 2016), it can once again be seen as a violation of justice at
a fair chance in life if the system continues to separate mothers from their children. These
children are a part of the American future, and thus must be granted equal opportunity to
Despite the rights due to children born to inmates, the issue still remains that pregnant
inmates can ultimately gain benefits not enjoyed by their non-pregnant counterparts simply
because they are pregnant. Thus, is it just to provide special privileges to those who are being
punished? On first examination, one would answer no. It can be argued that prisoners chose the
actions that resulted in their circumstances. If H.R. 5130 were implemented, there is a fear that
some women would become pregnant on purpose to ease their prison terms. However, a child is
a lifelong commitment and participation in the program would require active participation in
child care and life counseling and training. With a documented reduction in recidivism with
individuals who participate in the program (Jackson Lee, 2016), the benefits far outweigh the
risks. There is a need to address the needs of this populations and in accordance with Mill’s
theory on Justice (1991), it would be of the heights justice to not separate our nations moral
obligation to the marginalized communities of women in jail and their children. Thus, with these
arguments put in place, through the lens of Mills’ (1991) framework and Beauchamp and
Childress (2016) definition of justice, the SIMARRA Act does illustrate justice.
Beneficence
Beauchamp and Childress (2016) assert that morality involves not only respecting a
person’s autonomy and refraining from harm, but contributing to their benefit as well (p. 259).
H.R. 5130: SIMARRA ACT
As stated earlier, in introductory remarks to congress, Jackson Lee (2016) proclaims that it is the
nation’s moral responsibility to ensure the wellbeing of all future generations. But does the
SIMARRA Act meet this standard? Being that it was established that it does meet the standards
of justice, if examining the relevance of moral responsibility of the SIMARRA Act through the
framework of Frankena (2009), Beauchamp and Childress (2016), it then also meets the criteria
of beneficence.
Frankena (2009) divides beneficence into four specific obligations; one should not harm,
one should prevent harm, one should remove harm, and one should promote/ do good. The first
beneficence (Beauchamp et al, 2016). Not causing harm is a form of doing good, thus one is
acting beneficently by being non-maleficent. The second obligation goes further stating that in
meeting moral responsibility, one should not only, not do hard, but prevent it as well
(Beauchamp et al, 2016). Further, with obligation three, in addition to preventing harm, moral
responsibility to beneficence requires the removal of harm. Finally, to truly adhere to the
standards of beneficence, one needs to do good (Beauchamp et al, 2016). When examining the
SIMARRA Act with these four obligations, the role of beneficence is clear.
through the desire to keep children born behind bars with their mothers for the first 30 months of
life (Jackson Lee, 2016). By refraining from early separation of mother and child, society will
cease an action that has been documented to do harm to the development of an individual. Thus,
H.R. 5130 would do no harm. Obligation two (Frankena, 2009) is illustrated in the SIMARRA
Act through its focus on risks and needs assessment as well as recognizing that maternal health is
a large part of the equation in reducing the high infant mortality rate (Jackson Lee, 2016).
H.R. 5130: SIMARRA ACT
Jackson Lee states “the most likely long-term mechanism through which imprisonment affects
infant mortality is through its effects on maternal health” (2016). Infant deaths to female
prisoners cannot be reduced until maternal health is improved. Supplying for maternal wellbeing
prevents harm to the wellbeing of the unborn or newly born child, thus upholding the second
obligation. Obligation three (Frankena, 2009) is met through the desire to place expecting
mothers or mothers who have recently given birth in separate housing from the general
population. The environment of prison is known to be an unsafe place (Jackson Lee, 2016).
With the presence of gangs, female jealousy, assaults, murders, uninhibited sexual activity,
tattooing and unsanitary surfaces, the risks to anyone’s health is astronomical. However,
pregnant inmates are at an even higher risk due to the physiological changes caused by
pregnancy to the body. Removing pregnant inmates from the general population would also be
removing their unborn children, thus removing harm. Finally, obligation four (Frankena, 2009)
is illustrated through the requirement of program participants to participate in family therapy and
management, and drug abuse (Jackson Lee, 2016). Providing resources that would help reduce
the female recidivism rate and foster more capable parents and members of society would be
doing good. Thus, with H.R. 5130 meeting all four obligations of Frankena’s framework (2009),
it can qualify as beneficent and thus moral in accordance with Beauchamp and Childress
(2016).
A common theme is seen in the career paths of many nurses, the desire to help. Yet, few
are prepared for the moral crisis that may come with different career situations. This can be
especially true when it comes to working with certain populations, like prisoners. However, the
H.R. 5130: SIMARRA ACT
Nursing Code of Ethics by the American Nurses Association (ANA) is a tool that can be used to
help navigate choices (2015). H.R. 5130 aligns with certain standards of the Code of Ethics
allowing nurses the opportunity to better serve a population in need, particularly provisions one
Provision one of the Nursing Code of Ethics states that nurses have a responsibility to
recognize the equality and human dignity in all individuals and must therefore practice with
unbiased compassion (American Nurses Association, 2016). The SIMARRA Act explicitly
meets this insofar as it recognizes both the female prison population and their children as
members of society that still deserve care and consideration (Jackson Lee, 2016). Enactment of
H.R. 5130 would better allow nurses to serve these populations especially since programs such
as federal nurseries, medical treatment and risks and needs assessments would mostly likely be
completed by nurses. In a constantly morphing health care system, this could be one additional
avenue for change. In addition, a cornerstone of the Act is to facilitate programs that supply
patients with education and nurses would be the best healthcare professionals to do so. Provision
two states that the primary concern of the nurse is the patient without regard to the patient’s
health and what is best for the patient that should be primary concern, not public opinion. The
SIMARRA Act supplies nurses the tools to abide by this provision by implementing programs
that supply care tailored to the needs of the specific population (Jackson Lee, 2016). Separate
housing, education and constant reevaluation may be a conflict of interest in the opinion of
society for the treatment of prisoners as punishment, but for the nurse, it is document as what
best serves the patient and society as a whole. Finally, Provision three states that the nurse is to
“seek to protect the health, safety, and rights of the patient” (American Nurses Association,
H.R. 5130: SIMARRA ACT
2016). Implementation of the SIMARRA Act would meet this, especially portion 3.5; acting on
documented that early separation of mother and child is a detriment to the child’s development
and can be seen in familial patterns of incarceration (Jackson Lee, 2016). Yet, it is still the
common practice. By keeping mother and children together, nurses would not be required to act
on the questionable practice of family separation and continue to seek the health, safety, and
rights of the patients. Thus, when considering both ethics and implications on nursing, H.R.
Personal Reflection
The topic of marginalized women and children has always been a passion and it is for this
reason that I desired to work with a bill concerning them. Upon first encountering H.R. 5130, I
was instantly for it, however, after closer examination it is both my calling as a nurse and a
Catholic that drives my desire to see more legislation such as this. As a child, I was raised on
two core principle; we are all equal children of God, therefore Christ is in all of us, and only God
is God, therefore it is not my right nor my responsibility to be the judge and jury of others but
simply to love them as Christ would. I firmly believe that H.R. 5130 would allow practicing and
future nurses like myself the opportunity to act on core beliefs that recognize the human dignity
in all.
One of the most poignant biblical stories of my youth comes from Matthew 25: 31-46
(New International Version). In this passage, Matthew discusses the day of Final Judgement in
which Christ returns and grants the righteous eternal life and the wicked eternal damnation. In
particular verses 41-43 states, “then the King will turn to those on the left and say, ‘Away with
you, you cursed ones, into the eternal fire prepared for the devil and his demons. For I was
H.R. 5130: SIMARRA ACT
hungry, and you didn’t feed me. I was thirsty, and you didn’t give me a drink. I was a stranger,
and you didn’t invite me into your home. I was naked, and you didn’t give me clothing. I was
sick and in prison, and you didn’t visit me.’” ( Matthew 25: 41-43,New International Version).
There can be many interpretations but I always saw this as Christ proclaiming that He is in all of
us, even the lowest of society and it is because of this that as Christians, we are required to care
for all. The verse even clearly includes prisoners. The SIMARRA Act upholds this biblical
principle for me. It recognizes that female prisoners and their children are still human and
therefore loved by Christ. The program’s provisions would not only allow nurses to act in
accordance with the Nurse’s Code of Ethics, but Christian and loving values as well.
It gives me joy to see that H.R. 5310 has so much support from various representatives
and organizations. However, the stark reality for the bill cannot be ignored. It died once before
in the 114th Congress and now, since reintroduction, has only 2% probability of being passed
(Jackson Lee, 2016). In addition, with an all democratic support group, it would be hard to
consider cooperation in a republic senate. Yet, one can continue to hope and through getting
Conclusion
Recent laws discontinuing the practice of shackling prisoners during labor and delivery is
a good first step towards addressing the high rates of adverse outcomes for pregnant inmates and
the children born to them (American Psychological Association, 2016). Representative Jackson
Lee (2016) clearly illustrates the link between maternal wellbeing and infant mortality in her
introduction and provisions of H.R. 5130 (SIMARRA Act). It exemplifies moral theories such as
justice and beneficence (Beauchamp et al, 2016) while granting nurses the opportunity to treat an
underserved community in accordance to the code of ethics. Organizations that support the
H.R. 5130: SIMARRA ACT
wellbeing of mothers and children, such as WIC, strongly support the SIMARRA Act and it is
for this reason that nurses should as well. There are countless stories like MS A, a twenty-five-
year-old woman who reflects how her treatment while pregnant and incarcerated was decent, but
it was the requirement to relinquish the rights to her child immediately after birth that resulted in
the most pain and suffering (Clarke, 2011). The SIMARRA act can combat this sad reality.
Being that all nurses have a duty to policy and advocacy, support of this bill is just one way
nurses can help progress steps towards a healthier and happier future.
H.R. 5130: SIMARRA ACT
References
American Nurses Association. Code of ethics for nurses with interpretive statements. Author,
Beauchamp, T. L., & Childress, J. F. (2016). Principles of biomedical ethics (Fourth ed.). New
Cardaci, R. (2013). Care of Pregnant Women in the Criminal Justice System. American Journal
Clarke, J. G. (2011). Perinatal Care for Incarcerated Patients. Jama, 305(9), 923.
doi:10.1001/jama.2011.125
House judiciary passes bill containing a top APA priority on pregnant incarcerated women.
Jackson Lee, S. (2016). Congressional Record Volume 162, Number 69 (Tuesday, May 3, 2016)
03/html/CREC-2016-05-03-pt1-PgE647-6.htm
Jackson Lee. (2016, May 17). Text - H.R.5130 - 114th Congress (2015-2016): SIMARRA Act.
bill/5130/text
Jackson Lee, S. (2017, April 26). SIMARRA Act (2016 - H.R. 5130). Retrieved April 06, 2018,
from https://www.govtrack.us/congress/bills/114/hr5130
Kajstura, A. (2017, October 19). Women's Mass Incarceration: The Whole Pie 2017. Retrieved
Patton, R.M., Zalon, M.L., & Ludwick, R. (2015). Nurses making policy: From bedside to
Shlafer, R. J., Stang, J., Dallaire, D., Forestell, C. A., & Hellerstedt, W. (2017). Best Practices
for Nutrition Care of Pregnant Women in Prison. Journal of Correctional Health Care,
The Rebecca Project for Human Rights. (2010). Mother's Behind Bars: A state-by-state report
card and analysis of federal policy on conditions of confinement for pregnant and
parenting women and the effect of their children [Abstract]. National Women's Law
LaRie Burgoyne
4681 Lisann Street
San Diego, CA 92117
April 6, 2018
Service to marginalized communities is a core value I have work towards my entire life. My
involvement spans from volunteering with underserved youth for summer camp as a teen to
volunteering a year of my life in fulltime community service by assisting teachers in inner city
classrooms. This is further evident through my career choice as a nurse, for I feel it is the best
and purest way I can give back to the community. Through personal interactions with the
individuals I served, to my own personal extended familial experience with the justice system, I
have been made aware of an unfortunate pattern that has befallen certain communities. Like
poverty, teen pregnancy and many other modern day epidemics, I feel family patterns of
incarceration is a vicious cycle that must be addressed. It is the countless stories of women,
battered by life and the system only to produce future generations that suffer the same fate, that
drives me to write and thank you for your support of H.R 5130, the Stop Infant Mortality and
Recidivism Reduction Act of 2016 by the Honorable Shelia Jackson Lee of Texas in the house of
representative.
The high recidivism and infant mortality rate for incarcerated mothers is a sad reality that
continues to be overlooked by the public. Nearly $7.7 billion a year was revealed to be spent in
a 2011 fiscal report of correctional medical care. Your support of H.R. 5130 would be just one
way this budget can be addressed.
It is not only vital to our country’s future that we begin to invest in all of our communities, but
our moral responsibility to as well. With a female incarceration rate that has exploded over the
past 30 years and an infant mortality rate highest in all developed countries, it is time these
cycles are stopped. By investing in generations that still have uninhibited potential such as
through the SIMARRA Act and its focus on maternal health and early childhood development,
one further step towards equality for all humanity is recognized.
It is with my greatest delight that I thank you for your support of H.R. 5130 and for your
continued embodiment of such needed leadership.
Sincerely,
LaRie L. Burgoyne
H.R. 5130: SIMARRA ACT
Assignment Weight/Points: Paper = 20 points (27% of grade), Presentation = 5 points (3% of grade)