STATE OF NEW YORK
________________________________________________________________________
983--A
2015-2016 Regular Sessions
IN SENATE
January 7, 2015
___________
Introduced by Sens. MONTGOMERY, HOYLMAN, KRUEGER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Crime Victims, Crime and Correction -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the correction law, in relation to the restraint of
pregnant female prisoners during childbirth
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 611 of the correction law, as
2 amended by chapter 411 of the laws of 2009, is amended to read as
3 follows:
4 1. (a) If a woman confined in any institution [as defined in paragraph
5 c of subdivision four of section two of the correction law] or local
6 correctional facility [as defined in paragraph (a) of subdivision
7 sixteen of section two of the correction law,] be pregnant and about to
8 give birth to a child, the superintendent [as defined in subdivision
9 twelve of section two of the correction law] or sheriff [as defined in
10 paragraph c of subdivision sixteen of section two of the correction law]
11 in charge of such institution or facility, a reasonable time before the
12 anticipated birth of such child, shall cause such woman to be removed
13 from such institution or facility and provided with comfortable accommo-
14 dations, maintenance and medical care elsewhere, under such supervision
15 and safeguards to prevent her escape from custody as the superintendent
16 or sheriff or his or her designee may determine. No restraints of any
17 kind shall be used during transport [to or from the hospital, institu-
18 tion or clinic where] of such woman [receives care; provided, however,
19 in extraordinary circumstances, where restraints are necessary to
20 prevent such woman from injuring herself or medical or correctional
21 personnel, such woman may be cuffed by one wrist. In cases where
22 restraints are used, the superintendent or sheriff shall make and main-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02990-03-5
S. 983--A 2
1 tain written findings as to the reasons for such use], a woman who is
2 known to be pregnant or a woman within eight weeks after delivery or
3 pregnancy outcome receives care absent extraordinary circumstances in
4 which the superintendent or sheriff or his or her designee in consulta-
5 tion with the chief medical officer has made an individualized determi-
6 nation that restraints are necessary to prevent such woman from injuring
7 herself or medical or correctional personnel or others and cannot
8 reasonably be restrained by other means, including the use of additional
9 personnel. If a determination has been made that extraordinary circum-
10 stances exist then restraints shall be limited to handcuffs in front of
11 the body. The superintendent or sheriff or his or her designee shall
12 document the facts upon which the finding of extraordinary circumstances
13 were based within five days of the use of such restraints and shall also
14 document the type of restraints used and the length of time such
15 restraints were used. No restraints of any kind shall be used when such
16 woman is in labor, admitted to a hospital, institution or clinic for
17 delivery, or recovering after giving birth. Any such personnel as may be
18 necessary to supervise the woman during transport to and from and during
19 her stay at the hospital, institution or clinic shall be provided to
20 ensure adequate care, custody and control of the woman, except that no
21 correctional staff shall be present in the delivery room during the
22 birth of a baby unless requested by the medical staff supervising such
23 delivery or by the woman giving birth. The superintendent or sheriff or
24 his or her designee shall cause such woman to be subject to return to
25 such institution or local correctional facility as soon after the birth
26 of her child as the state of her health will permit as determined by the
27 medical professional responsible for the care of such woman. If such
28 woman is confined in a local correctional facility, the expense of such
29 accommodation, maintenance and medical care shall be paid by such woman
30 or her relatives or from any available funds of the local correctional
31 facility and if not available from such sources, shall be a charge upon
32 the county, city or town in which is located the court from which such
33 inmate was committed to such local correctional facility. If such woman
34 is confined in any institution under the control of the department, the
35 expense of such accommodation, maintenance and medical care shall be
36 paid by such woman or her relatives and if not available from such
37 sources, such maintenance and medical care shall be paid by the state.
38 In cases where payment of such accommodations, maintenance and medical
39 care is assumed by the county, city or town from which such inmate was
40 committed the payor shall make payment by issuing payment instrument in
41 favor of the agency or individual that provided such accommodations and
42 services, after certification has been made by the head of the institu-
43 tion to which the inmate was legally confined, that the charges for such
44 accommodations, maintenance and medical care were necessary and are
45 just, and that the institution has no available funds for such purpose.
46 (b) Any woman confined in an institution or local correctional facili-
47 ty shall receive notice in writing in a language and manner understand-
48 able to her about the requirements of this section upon her admission to
49 an institution or local correctional facility and again when she is
50 known to be pregnant. The superintendent or sheriff shall publish notice
51 of the requirements of this section in prominent locations where medical
52 care is provided. The department and the sheriff shall provide annual
53 training on provisions of this section to all correctional personnel who
54 are involved in the transportation, supervision or medical care of
55 incarcerated women.
S. 983--A 3
1 (c) The department and sheriff shall report annually to the governor,
2 the temporary president of the senate, the minority leader of the
3 senate, the speaker of the assembly, the minority leader of the assem-
4 bly, the chairperson of the senate crime victims, crime and correction
5 committee and the chairperson of the assembly correction committee
6 concerning every use of restraints on a woman under this section but
7 shall exclude individual identifying information.
8 § 2. This act shall take effect immediately.
