Prohibits the use of restraints on and the use of force against incarcerated individuals during labor and incarcerated individuals who have experienced different pregnancy outcomes, absent extraordinary circumstances, and on pregnant and post-pregnancy persons during a custodial interrogation; provides for certain exceptions for restraints to be used and in such case limits the use to wrist restraints.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1670B
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the correction law and the executive law, in relation to
prohibiting the use of restraints on incarcerated individuals during
labor, absent extraordinary circumstances, and on pregnant persons
during a custodial interrogation
PURPOSE:
To ensure pregnant and postpartum people are not unnecessarily
restrained while incarcerated or in police custody.
SUMMARY OF SPECIFIC PROVISIONS:
Section one would amend paragraph (a) of subdivision 1 of section 611 of
the correction law to restrict the use of restraints on pregnant incar-
cerated individuals. Additionally, it would restrict the use of force
against a pregnant incarcerated individual.
Section two would amend the executive law by adding a new section
837-t-1 to restrict the use of restraints on pregnant persons by law
enforcement.
Section three would provide for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B print clarifies provisions relating to restrictions on the use of
restraints are applicable until 12 weeks after any pregnancy outcome,
that midwives may be present to provide birthing support, use of force
restrictions related to pregnant individuals, and exceptions for the
prohibition on the use of restraints on pregnant people by law enforce-
ment.
JUSTIFICATION:
In 2021, a woman was awarded a $750,000 settlement in court after her
wrists and ankles were shackled while she was in labor and under police
custody. The woman was arrested on a misdemeanor charge at 40 weeks and
two days pregnant and remained shackled when she began laboring shortly
thereafter.
In 2009, the New York State Legislature passed a law that prohibited the
shackling of pregnant people during labor, delivery and recovery.
However, the prohibition did not extend to those in police custody or
instances where a person is receiving pregnancy related care outside of
labor, delivery and recovery. Under the existing law, pregnant people
have been shackled or restrained for innocuous movements or actions that
an officer deems "threatening." In addition, people continue to be
shackled when they are in police custody, but not formally incarcerated.
As recognized by the American College of Obstetricians and Gynecologists
and the American Medical Association, no pregnant person should be
shackled during labor, delivery or recovery, and this legislation will
ensure our law is as protective as possible.
LEGISLATIVE HISTORY:
2023-24: A.2155 - Reported to Rules; S.9816 - Referred to Correction
2021-22: A.8137 - Referred to Correction
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
