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.
STATE OF NEW YORK
________________________________________________________________________
1670--B
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, FORREST, CRUZ, GLICK, SEAWRIGHT,
REYES, DAVILA, LUCAS, SIMON, SHIMSKY, LEVENBERG, TAPIA, SIMONE, RAGA,
BURDICK, WEPRIN, LAVINE, KELLES, PAULIN, SAYEGH, MEEKS, HEVESI, OTIS,
GIBBS -- read once and referred to the Committee on Correction --
recommitted to the Committee on Correction in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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
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 17 of the laws of 2016, paragraph (c) as separately
3 amended by chapters 322 and 621 of the laws of 2021, is amended to read
4 as follows:
5 1. (a) If a [woman] person confined in any institution or local
6 correctional facility [be] is pregnant and about to give birth [to a
7 child], or needs medical care elsewhere related to pregnancy or any
8 pregnancy outcome, including birth, abortion, miscarriage and still-
9 birth, the superintendent or sheriff in charge of such institution or
10 facility, a reasonable time before the anticipated birth [of such child]
11 or need for such other care, as determined by such person's health care
12 provider, or if unavailable, by personnel providing medical services to
13 such person, in accordance with medical best practices and standards of
14 care, shall cause such [woman] person to be removed from such institu-
15 tion or facility and provided with comfortable accommodations, mainte-
16 nance and medical care elsewhere[,]. This shall be done under such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04205-11-6
A. 1670--B 2
1 supervision and safeguards to prevent [her] their escape from custody as
2 the superintendent or sheriff or [his or her] their designee may deter-
3 mine except as provided by paragraphs (b), (c), (d), (g), and (h) of
4 this subdivision.
5 (b) No restraints of any kind shall be used during transport of such
6 [woman] person, a [woman] person who is known to be pregnant or known to
7 be within twelve weeks after any pregnancy outcome, including birth,
8 abortion, miscarriage, and stillbirth, by correctional personnel or
9 personnel providing medical services to the institution or local correc-
10 tional facility[, or a woman within eight weeks after delivery or preg-
11 nancy outcome,]. This includes, but is not limited to, persons receiv-
12 ing care at a hospital or medical facility or in labor or delivery, and
13 is absent extraordinary circumstances in which[:
14 i. the superintendent or sheriff or his or her designee in consulta-
15 tion with the medical professional responsible for the institution has
16 made an individualized determination that restraints are necessary to
17 prevent such woman from injuring herself or medical or correctional
18 personnel or others and cannot reasonably be restrained by other means,
19 including the use of additional personnel; or
20 ii.], during transport the correctional personnel directly responsible
21 for the transport of such a [woman] person determine that an emergency
22 has arisen in which restraints are necessary because the [woman] person
23 poses an immediate risk of serious injury to [herself] themself or
24 medical or correctional personnel or others and cannot reasonably be
25 restrained by other means.
26 [(b)] (c) If a determination has been made pursuant to [subparagraph i
27 or ii of] paragraph [(a)] (b) of this subdivision that extraordinary
28 circumstances exist then restraints shall be limited to wrist restraints
29 in front of the body. The [superintendent or sheriff or his or her
30 designee pursuant to subparagraph i of paragraph (a) of this subdivision
31 or] correctional personnel pursuant to [subparagraph ii of] paragraph
32 [(a)] (b) of this subdivision shall document in writing the facts upon
33 which the finding of extraordinary circumstances were based within five
34 days of the use of such restraints and shall also document the type of
35 restraints used and the length of time such restraints were used.
36 [(c) No restraints of any kind shall be used when such woman is in
37 labor, admitted to a hospital, institution or clinic for delivery, or
38 recovering after giving birth. Any such personnel as may be necessary to
39 supervise the woman during transport to and from and during her stay at
40 the hospital, institution or clinic shall be provided to ensure adequate
41 care, custody and control of the woman, except that no]
42 (d) No correctional staff shall be present in the [delivery] patient's
43 room during [the birth of a baby] medical care related to all pregnancy
44 outcomes including birth, abortion, miscarriage, and stillbirth and
45 during and after labor unless requested by the medical staff [supervis-
46 ing] providing such [delivery] care when the situation poses a clear
47 risk of danger to the medical staff or others or by the [woman giving
48 birth] person receiving such care. If a determination has been made
49 pursuant to this subdivision that correctional staff shall be present,
50 correctional personnel shall document in writing within five days: the
51 facts, as reported by medical staff, on which the determination was
52 based; the nature of the care being provided; and what, if any, alterna-
53 tives were attempted to avoid having correctional staff present and why
54 they failed.
55 (e) The [woman] person shall be permitted to have at least one support
56 person of [her] their choosing accompany [her in the delivery room and
A. 1670--B 3
1 when such woman is in labor and recovering after giving birth] them to a
2 hospital or medical facility for labor, birth, postpartum recovery and
3 counseling and medical care related to all pregnancy outcomes including
4 birth, abortion, miscarriage and stillbirth and shall be permitted to
5 remain with such support person for the duration of their stay in the
6 hospital or medical facility subject to the visitation rules of that
7 hospital or medical facility. A support person shall not need to have
8 visited the [woman] person at a correctional facility prior to serving
9 as a support person[. A person] and may not be denied eligibility to
10 serve as a support person solely on the basis of a past criminal
11 conviction or that such support person is on probation, conditional
12 release, parole or post release supervision. Any decision by an [agency]
13 institution or local correctional facility to deny a [woman's] request
14 [to have] for a specific support person [serve as a support person]
15 shall be made with reasons specified in writing within five days of
16 [her] the request and promptly provided to the [woman] person making
17 the request. A support person shall be notified immediately after such
18 [woman] person goes into labor, [or immediately after a caesarean] is
19 scheduled for labor induction or scheduled for a cesarean section [or
20 termination], is identified as having a miscarriage or stillbirth, or is
21 scheduled for medical care for any pregnancy outcome, including birth,
22 abortion, miscarriage, and stillbirth. If available, a doula, midwife or
23 other birthing support specialist may also assist during labor [and],
24 delivery [in addition to at least one support person of the woman's
25 choosing. Any woman confined in a state or local correctional facility
26 shall receive notice in writing in a language and manner understandable
27 to her about the requirements of this section upon her admission to such
28 state or local correctional facility and again when she is known to be
29 pregnant. The superintendent or sheriff shall publish notice of the
30 requirements of this section in prominent locations where medical care
31 is provided], postpartum recovery, and during medical care for and
32 recovery from any pregnancy outcome including birth, abortion, miscar-
33 riage, and stillbirth. The superintendent or sheriff or [his or her]
34 their designee shall cause such [woman] person to be subject to return
35 to such institution or local correctional facility [as soon] after the
36 birth of [her] their child or other pregnancy outcome or provision of
37 counseling and medical care related to pregnancy or any pregnancy
38 outcome as the state of [her] their health will permit as determined by
39 the medical professional responsible for the care of such [woman]
40 person. [If such woman is confined in a local correctional facility, the
41 expense of such accommodation, maintenance and medical care shall be
42 paid by such woman or her relatives or from any available funds of the
43 local correctional facility and if not available from such sources,
44 shall be a charge upon the county, city or town in which is located the
45 court from which such incarcerated individual was committed to such
46 local correctional facility. If such woman is confined in any institu-
47 tion under the control of the department, the expense of such accommo-
48 dation, maintenance and medical care shall be paid by such woman or her
49 relatives and if not available from such sources, such maintenance and
50 medical care shall be paid by the state. In cases where payment of such
51 accommodations, maintenance and medical care is assumed by the county,
52 city or town from which such incarcerated individual was committed the
53 payor shall make payment by issuing payment instrument in favor of the
54 agency or individual that provided such accommodations and services,
55 after certification has been made by the head of the institution to
56 which the incarcerated individual was legally confined, that the charges
A. 1670--B 4
1 for such accommodations, maintenance and medical care were necessary and
2 are just, and that the institution has no available funds for such
3 purpose.
4 (d)] (f) Any [woman] person confined in an institution or local
5 correctional facility shall receive notice in writing in a language and
6 manner understandable to [her] them about the requirements of this
7 section upon [her] their admission to an institution or local correc-
8 tional facility and again when [she is] they are known to be pregnant.
9 The superintendent or sheriff shall publish notice of the requirements
10 of this section in prominent locations where medical care is provided.
11 The department and the sheriff shall provide annual training on
12 provisions of this section to all correctional personnel who are
13 involved in the transportation, supervision or medical care of incarcer-
14 ated [women] persons.
15 [(e)] (g) Notwithstanding any other provision of law, force against a
16 pregnant person or any person within twelve weeks after delivery or
17 pregnancy outcome shall not be used, except as a last resort, and then
18 only in situations in which the staff member reasonably believes that
19 force is necessary to protect themselves, the incarcerated individual,
20 or a third person from what they reasonably believe to be the use or
21 imminent use of physical force by such individual that could cause death
22 or serious physical injury. The use of spit masks, chemical agents,
23 tasers, weapons, chokeholds or blows to the body against a pregnant
24 person or any person within twelve weeks after delivery or pregnancy
25 outcome shall be strictly prohibited.
26 (h) If a determination has been made pursuant to paragraph (g) of this
27 subdivision that force must be used, correctional personnel shall docu-
28 ment in writing within five days of the use of such force: the facts
29 from which the finding that force was necessary as a last resort were
30 based, what non-force alternatives were attempted and why they failed,
31 the type or types of force used, the length of time such force was used,
32 and a description of each injury incurred by the incarcerated person.
33 (i) i. The department shall report annually to the governor, the
34 temporary president of the senate, the minority leader of the senate,
35 the speaker of the assembly, the minority leader of the assembly, the
36 chairperson of the senate crime victims, crime and correction committee
37 and the chairperson of the assembly correction committee concerning:
38 (A) every use of restraints and force on a [woman] person under this
39 section, including the reason such restraint was used, the type of
40 restraint used and the length of time such restraint was used pursuant
41 to paragraph [(b)] (c) of this subdivision, but shall exclude [individ-
42 ual identifying] personally identifiable information; and
43 (B) every use of force on a person under this section, including the
44 reason such force was used, what non-force alternatives were attempted
45 and why they failed, the type or types of force used, the length of time
46 such force was used, and a description of each injury incurred by the
47 incarcerated person pursuant to paragraph (h) of this subdivision, but
48 shall exclude personally identifiable information.
49 ii. The sheriff of each county shall report at least annually to the
50 commission, in a form and manner prescribed by the commission[,]:
51 (A) every use of restraints and force on a [woman] person under this
52 section, including the reason such restraint was used, the type of
53 restraint used and the length of time such restraint was used pursuant
54 to paragraph [(b)] (c) of this subdivision, [annually to the commission]
55 but shall exclude personally identifiable information; and
A. 1670--B 5
1 (B) every use of force on a person under this section, including the
2 reason such force was used, what non-force alternatives were attempted
3 and why they failed, the type or types of force used, the length of time
4 such force was used, and a description of each injury incurred by the
5 incarcerated person pursuant to paragraph (h) of this subdivision, but
6 shall exclude personally identifiable information. The commission shall
7 include such information in its annual report pursuant to section
8 forty-five of this chapter, but shall exclude identifying information
9 from such report.
10 iii. Reports required by this section shall be posted on the websites
11 maintained by the department and the commission.
12 (j) The department and the commission shall issue uniform minimum
13 standards and procedures regarding the implementation of this subdivi-
14 sion within one hundred eighty days of the effective date of the chapter
15 of the laws of two thousand twenty-six that amended this subdivision.
16 These standards shall be developed in consultation with medical, social
17 work, and mental health professionals, including those with specializa-
18 tions in reproductive health care, pediatrics, child development, and
19 postpartum mental health, as well as advocates for pregnant people who
20 are incarcerated, including presently and formerly incarcerated individ-
21 uals.
22 § 2. The executive law is amended by adding a new section 837-t-1 to
23 read as follows:
24 § 837-t-1. Use of restraints on pregnant and post-pregnant persons by
25 law enforcement. 1.(a) Where a person who is known to be pregnant, in
26 labor or delivery, or twelve weeks post-pregnancy is in the custody of
27 law enforcement, subject to custodial interrogation, or has their free-
28 dom of action restricted by law enforcement in any significant way, the
29 use of restraints of any kind by law enforcement personnel shall be
30 prohibited except:
31 (i) during arrest, if exigent circumstances arise and the person
32 cannot reasonably be restrained by other means; or
33 (ii) during transport of the person, if the person directly responsi-
34 ble for such transport determines that an emergency has arisen in which
35 restraints are necessary due to an immediate risk of serious injury to
36 themself or medical or law enforcement personnel or others.
37 (b) Restraints used pursuant to this section shall be for the shortest
38 duration possible and restraints shall be limited to wrist restraints in
39 front of the body.
40 (c) Restraints shall never be used on a person who is in labor,
41 notwithstanding the exceptions provided in subparagraphs (i) and (ii) of
42 paragraph (a) of this subdivision.
43 (d) The provisions of this section shall at minimum apply to police
44 stations, holding facilities for prisoners, prosecutors' offices,
45 medical areas and hospitals, and any facility where persons are held in
46 detention in connection with criminal or juvenile delinquency charges
47 that have been or may be filed against them, as well as during transfer
48 to and from such locations. A person's disclosure of their status shall
49 serve as sufficient notice to law enforcement under this provision.
50 2. (a) If restraints are used on a person who is pregnant or post-
51 pregnancy contrary to this section, the law enforcement personnel
52 responsible for such use of restraints shall document in writing within
53 five days: the reason such restraints were used, the type of restraints
54 used, and the length of time such restraints were used.
55 (b) The chief of every police department, county sheriff, and the
56 superintendent of state police shall report to the division, in a form
A. 1670--B 6
1 and manner prescribed by the division, all such uses of restraints,
2 disaggregated by county, and shall include the following information,
3 but shall exclude personally identifiable information:
4 (i) the reason restraints were used;
5 (ii) the type of restraints used;
6 (iii) the length of time such restraints were used;
7 (iv) the race, ethnicity, age, and gender identity of the individual;
8 and
9 (v) the zip code or location where the use of restraints occurred.
10 (c) The division shall make the information reported pursuant to this
11 subdivision available to the public by posting it on the website of the
12 division, excluding personally identifiable information.
13 (d) The division shall submit to the governor and the legislature an
14 annual report of all uses of restraints on pregnant and post-pregnant
15 persons by law enforcement, including the information reported pursuant
16 to this subdivision, but shall exclude personally identifying informa-
17 tion.
18 (e) The division may promulgate regulations to effectuate the report-
19 ing required by this subdivision.
20 § 3. This act shall take effect immediately.
