Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1390
SPONSOR: Meeks TITLE OF BILL:
An act to amend the correction law, in relation to authorizing the
transfer of pregnant and postpartum incarcerated individuals to residen-
tial treatment facilities
PURPOSE:
To allow the commissioner of corrections to place women who are pregnant
or postpartum into community alternatives such as halfway houses, super-
vise them in compliance with current statute, and provide them with the
necessary treatment and programming for the duration of their pregnancy
and for up to one year post-birth to prevent the child and mother from
being separated from each other during the first year of the child's
life.
SUMMARY OF PROVISIONS:
The corrections law is amended by adding a new section, section 72-d.
Section 72-d states the following:
The commissioner of corrections may authorize the transfer to a residen-
tial treatment facility established under section seventy-three of this
article (a) for up to one year of postpartum, an incarcerated individual
who gave birth within eight months of the date of commitment to a
correctional facility; and (b) for the duration of the pregnancy and up
to one year postpartum, an incarcerated individual who is pregnant. The
commissioner may conditionally transfer an incarcerated individual under
subdivision 1 of this section to a residential treatment facility for
the purpose of participation in prenatal or postnatal care programming
and to promote mother-child bonding in addition to other programming as
established by the commissioner, including but not limited to evidence-
based parenting skills programming; working at paid employment; seeking
employment; or participating in vocational training, and education
program, or chemical dependency or mental health treatment services.
The commissioner shall develop policy and criteria and promulgate any
rules and/or regulations necessary to implement this section according
to public safety and generally accepted correctional practice.
On or before the first of April each year, the commissioner shall report
to the temporary president of the senate and the speaker of the assembly
on the number of incarcerated individuals transferred to residential
treatment facilities pursuant to this section and the duration of such
transfers for the prior calendar year.
Subdivision 1 of section 73 of the correction law is amended by chapter
322 of the laws of 2021 by stating that the commissioner may transfer
any incarcerated individual of a correctional facility who is eligible
for community supervision or who will become eligible for community
supervision within six months after the date of transfer or, who has one
year or less remaining to be served under his or her sentence, or who is
a pregnant or postpartum incarcerated individual authorized under
section 72-d of this article to a residential treatment facility and
such person may be allowed to go outside the facility during reasonable
and necessary hours to engage in any activity reasonably related to his
or her rehabilitation and in accordance with the program established for
him or her. While outside the facility, he or she shall be at all times
in the custody of the department and under its supervision.
JUSTIFICATION:
The consequences of separating children from their mothers in the first
year of their lives are far too great and long lasting. This separation
prohibits the necessary bond and attachment to take place between a
mother and their child and ends up negatively impacting the mother, the
child, the family, and our community.
LEGISLATIVE HISTORY:
A8333 of 21-22: referred to correction
A1846 of 23-24: referred to correction
FISCAL IMPLICATIONS:
None.
STATE OF NEW YORK
________________________________________________________________________
1390
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. MEEKS, GALLAGHER, SEAWRIGHT, TAYLOR, BURDICK,
SIMON, EPSTEIN, MITAYNES, KIM, GONZALEZ-ROJAS, HYNDMAN, ZINERMAN,
COOK, REYES, CUNNINGHAM, LUCAS, GIBBS, BICHOTTE HERMELYN, CRUZ,
WEPRIN, DAVILA, SEPTIMO, RAGA -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to authorizing the
transfer of pregnant and postpartum incarcerated individuals to resi-
dential treatment facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 72-d
2 to read as follows:
3 § 72-d. Pregnant and postpartum incarcerated individuals. 1. The
4 commissioner may authorize the transfer to a residential treatment
5 facility established under section seventy-three of this article:
6 (a) for up to one year of postpartum, an incarcerated individual who
7 gave birth within eight months of the date of commitment to a correc-
8 tional facility; and
9 (b) for the duration of the pregnancy and up to one year postpartum,
10 an incarcerated individual who is pregnant.
11 2. The commissioner may conditionally transfer an incarcerated indi-
12 vidual under subdivision one of this section to a residential treatment
13 facility for the purpose of participation in prenatal or postnatal care
14 programming and to promote bonding between the child and birthing parent
15 in addition to other programming as established by the commissioner,
16 including but not limited to evidence-based parenting skills program-
17 ming; working at paid employment; seeking employment; or participating
18 in vocational training, an education program, or chemical dependency or
19 mental health treatment services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03858-01-5
A. 1390 2
1 3. The commissioner shall develop policy and criteria and promulgate
2 any rules and/or regulations necessary to implement this section accord-
3 ing to public safety and generally accepted correctional practice.
4 4. On or before the first of April each year, the commissioner shall
5 report to the temporary president of the senate and the speaker of the
6 assembly on the number of incarcerated individuals transferred to resi-
7 dential treatment facilities pursuant to this section and the duration
8 of such transfers for the prior calendar year.
9 § 2. Subdivision 1 of section 73 of the correction law, as amended by
10 chapter 322 of the laws of 2021, is amended to read as follows:
11 1. The commissioner may transfer any incarcerated individual of a
12 correctional facility who is eligible for community supervision or who
13 will become eligible for community supervision within six months after
14 the date of transfer [or], who has one year or less remaining to be
15 served under [his or her] such incarcerated individual's sentence, or
16 who is a pregnant or postpartum incarcerated individual authorized under
17 section seventy-two-d of this article to a residential treatment facili-
18 ty and such person may be allowed to go outside the facility during
19 reasonable and necessary hours to engage in any activity reasonably
20 related to [his or her] such person's rehabilitation and in accordance
21 with the program established for [him or her] such person. While outside
22 the facility [he or she] such person shall be at all times in the custo-
23 dy of the department and under its supervision.
24 § 3. This act shall take effect immediately.
