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
________________________________________________________________________
2667--C
2025-2026 Regular Sessions
IN SENATE
January 22, 2025
___________
Introduced by Sens. SALAZAR, COONEY, GONZALEZ, HARCKHAM, HINCHEY, LIU,
MYRIE, PARKER, WEBB -- read twice and ordered printed, and when print-
ed to be committed to the Committee on Crime Victims, Crime and
Correction -- recommitted to the Committee on Crime Victims, Crime and
Correction in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on
Women's Issues -- committee discharged, bill amended, 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04205-12-6
S. 2667--C 2
1 tion or facility and provided with comfortable accommodations, mainte-
2 nance and medical care elsewhere[,]. This shall be done under such
3 supervision and safeguards to prevent [her] their escape from custody as
4 the superintendent or sheriff or [his or her] their designee may deter-
5 mine except as provided by paragraphs (b), (c), (d), (g), and (h) of
6 this subdivision.
7 (b) No restraints of any kind shall be used during transport of such
8 [woman] person, a [woman] person who is known to be pregnant or known to
9 be within twelve weeks after any pregnancy outcome, including birth,
10 abortion, miscarriage, and stillbirth, by correctional personnel or
11 personnel providing medical services to the institution or local correc-
12 tional facility[, or a woman within eight weeks after delivery or preg-
13 nancy outcome,]. This includes, but is not limited to, persons receiv-
14 ing care at a hospital or medical facility or in labor or delivery, and
15 is absent extraordinary circumstances in which[:
16 i. the superintendent or sheriff or his or her designee in consulta-
17 tion with the medical professional responsible for the institution has
18 made an individualized determination that restraints are necessary to
19 prevent such woman from injuring herself or medical or correctional
20 personnel or others and cannot reasonably be restrained by other means,
21 including the use of additional personnel; or
22 ii.], during transport the correctional personnel directly responsible
23 for the transport of such a [woman] person determine that an emergency
24 has arisen in which restraints are necessary because the [woman] person
25 poses an immediate risk of serious injury to [herself] themself or
26 medical or correctional personnel or others and cannot reasonably be
27 restrained by other means.
28 [(b)] (c) If a determination has been made pursuant to [subparagraph i
29 or ii of] paragraph [(a)] (b) of this subdivision that extraordinary
30 circumstances exist then restraints shall be limited to wrist restraints
31 in front of the body. The [superintendent or sheriff or his or her
32 designee pursuant to subparagraph i of paragraph (a) of this subdivision
33 or] correctional personnel pursuant to [subparagraph ii of] paragraph
34 [(a)] (b) of this subdivision shall document in writing the facts upon
35 which the finding of extraordinary circumstances were based within five
36 days of the use of such restraints and shall also document the type of
37 restraints used and the length of time such restraints were used.
38 [(c) No restraints of any kind shall be used when such woman is in
39 labor, admitted to a hospital, institution or clinic for delivery, or
40 recovering after giving birth. Any such personnel as may be necessary to
41 supervise the woman during transport to and from and during her stay at
42 the hospital, institution or clinic shall be provided to ensure adequate
43 care, custody and control of the woman, except that no]
44 (d) No correctional staff shall be present in the [delivery] patient's
45 room during [the birth of a baby] medical care related to all pregnancy
46 outcomes including birth, abortion, miscarriage, and stillbirth and
47 during and after labor unless requested by the medical staff [supervis-
48 ing] providing such [delivery] care when the situation poses a clear
49 risk of danger to the medical staff or others or by the [woman giving
50 birth] person receiving such care. If a determination has been made
51 pursuant to this subdivision that correctional staff shall be present,
52 correctional personnel shall document in writing within five days: the
53 facts, as reported by medical staff, on which the determination was
54 based; the nature of the care being provided; and what, if any, alterna-
55 tives were attempted to avoid having correctional staff present and why
56 they failed.
S. 2667--C 3
1 (e) The [woman] person shall be permitted to have at least one support
2 person of [her] their choosing accompany [her in the delivery room and
3 when such woman is in labor and recovering after giving birth] them to a
4 hospital or medical facility for labor, birth, postpartum recovery and
5 counseling and medical care related to all pregnancy outcomes including
6 birth, abortion, miscarriage and stillbirth and shall be permitted to
7 remain with such support person for the duration of their stay in the
8 hospital or medical facility subject to the visitation rules of that
9 hospital or medical facility. A support person shall not need to have
10 visited the [woman] person at a correctional facility prior to serving
11 as a support person[. A person] and may not be denied eligibility to
12 serve as a support person solely on the basis of a past criminal
13 conviction or that such support person is on probation, conditional
14 release, parole or post release supervision. Any decision by an [agency]
15 institution or local correctional facility to deny a [woman's] request
16 [to have] for a specific support person [serve as a support person]
17 shall be made with reasons specified in writing within five days of
18 [her] the request and promptly provided to the [woman] person making
19 the request. A support person shall be notified immediately after such
20 [woman] person goes into labor, [or immediately after a caesarean] is
21 scheduled for labor induction or scheduled for a cesarean section [or
22 termination], is identified as having a miscarriage or stillbirth, or is
23 scheduled for medical care for any pregnancy outcome, including birth,
24 abortion, miscarriage, and stillbirth. If available, a doula, midwife or
25 other birthing support specialist may also assist during labor [and],
26 delivery [in addition to at least one support person of the woman's
27 choosing. Any woman confined in a state or local correctional facility
28 shall receive notice in writing in a language and manner understandable
29 to her about the requirements of this section upon her admission to such
30 state or local correctional facility and again when she is known to be
31 pregnant. The superintendent or sheriff shall publish notice of the
32 requirements of this section in prominent locations where medical care
33 is provided], postpartum recovery, and during medical care for and
34 recovery from any pregnancy outcome including birth, abortion, miscar-
35 riage, and stillbirth. The superintendent or sheriff or [his or her]
36 their designee shall cause such [woman] person to be subject to return
37 to such institution or local correctional facility [as soon] after the
38 birth of [her] their child or other pregnancy outcome or provision of
39 counseling and medical care related to pregnancy or any pregnancy
40 outcome as the state of [her] their health will permit as determined by
41 the medical professional responsible for the care of such [woman]
42 person. [If such woman is confined in a local correctional facility, the
43 expense of such accommodation, maintenance and medical care shall be
44 paid by such woman or her relatives or from any available funds of the
45 local correctional facility and if not available from such sources,
46 shall be a charge upon the county, city or town in which is located the
47 court from which such incarcerated individual was committed to such
48 local correctional facility. If such woman is confined in any institu-
49 tion under the control of the department, the expense of such accommo-
50 dation, maintenance and medical care shall be paid by such woman or her
51 relatives and if not available from such sources, such maintenance and
52 medical care shall be paid by the state. In cases where payment of such
53 accommodations, maintenance and medical care is assumed by the county,
54 city or town from which such incarcerated individual was committed the
55 payor shall make payment by issuing payment instrument in favor of the
56 agency or individual that provided such accommodations and services,
S. 2667--C 4
1 after certification has been made by the head of the institution to
2 which the incarcerated individual was legally confined, that the charges
3 for such accommodations, maintenance and medical care were necessary and
4 are just, and that the institution has no available funds for such
5 purpose.
6 (d)] (f) Any [woman] person confined in an institution or local
7 correctional facility shall receive notice in writing in a language and
8 manner understandable to [her] them about the requirements of this
9 section upon [her] their admission to an institution or local correc-
10 tional facility and again when [she is] they are known to be pregnant.
11 The superintendent or sheriff shall publish notice of the requirements
12 of this section in prominent locations where medical care is provided.
13 The department and the sheriff shall provide annual training on
14 provisions of this section to all correctional personnel who are
15 involved in the transportation, supervision or medical care of incarcer-
16 ated [women] persons.
17 [(e)] (g) Notwithstanding any other provision of law, force against a
18 pregnant person or any person within twelve weeks after delivery or
19 pregnancy outcome shall not be used, except as a last resort, and then
20 only in situations in which the staff member reasonably believes that
21 force is necessary to protect themselves, the incarcerated individual,
22 or a third person from what they reasonably believe to be the use or
23 imminent use of physical force by such individual that could cause death
24 or serious physical injury. The use of spit masks, chemical agents,
25 tasers, weapons, chokeholds or blows to the body against a pregnant
26 person or any person within twelve weeks after delivery or pregnancy
27 outcome shall be strictly prohibited.
28 (h) If a determination has been made pursuant to paragraph (g) of this
29 subdivision that force must be used, correctional personnel shall docu-
30 ment in writing within five days of the use of such force: the facts
31 from which the finding that force was necessary as a last resort were
32 based, what non-force alternatives were attempted and why they failed,
33 the type or types of force used, the length of time such force was used,
34 and a description of each injury incurred by the incarcerated person.
35 (i) i. The department shall report annually to the governor, the
36 temporary president of the senate, the minority leader of the senate,
37 the speaker of the assembly, the minority leader of the assembly, the
38 chairperson of the senate crime victims, crime and correction committee
39 and the chairperson of the assembly correction committee concerning:
40 (A) every use of restraints and force on a [woman] person under this
41 section, including the reason such restraint was used, the type of
42 restraint used and the length of time such restraint was used pursuant
43 to paragraph [(b)] (c) of this subdivision, but shall exclude [individ-
44 ual identifying] personally identifiable information; and
45 (B) every use of force on a person under this section, including the
46 reason such force was used, what non-force alternatives were attempted
47 and why they failed, the type or types of force used, the length of time
48 such force was used, and a description of each injury incurred by the
49 incarcerated person pursuant to paragraph (h) of this subdivision, but
50 shall exclude personally identifiable information.
51 ii. The sheriff of each county shall report at least annually to the
52 commission, in a form and manner prescribed by the commission[,]:
53 (A) every use of restraints and force on a [woman] person under this
54 section, including the reason such restraint was used, the type of
55 restraint used and the length of time such restraint was used pursuant
S. 2667--C 5
1 to paragraph [(b)] (c) of this subdivision, [annually to the commission]
2 but shall exclude personally identifiable information; and
3 (B) every use of force on a person under this section, including the
4 reason such force was used, what non-force alternatives were attempted
5 and why they failed, the type or types of force used, the length of time
6 such force was used, and a description of each injury incurred by the
7 incarcerated person pursuant to paragraph (h) of this subdivision, but
8 shall exclude personally identifiable information. The commission shall
9 include such information in its annual report pursuant to section
10 forty-five of this chapter, but shall exclude identifying information
11 from such report.
12 iii. Reports required by this section shall be posted on the websites
13 maintained by the department and the commission.
14 (j) The department and the commission shall issue uniform minimum
15 standards and procedures regarding the implementation of this subdivi-
16 sion within one hundred eighty days of the effective date of the chapter
17 of the laws of two thousand twenty-six that amended this subdivision.
18 These standards shall be developed in consultation with medical, social
19 work, and mental health professionals, including those with specializa-
20 tions in reproductive health care, pediatrics, child development, and
21 postpartum mental health, as well as advocates for pregnant people who
22 are incarcerated, including presently and formerly incarcerated individ-
23 uals.
24 § 2. The executive law is amended by adding a new section 837-t-1 to
25 read as follows:
26 § 837-t-1. Use of restraints on pregnant and post-pregnant persons by
27 law enforcement. 1.(a) Where a person who is known to be pregnant, in
28 labor or delivery, or twelve weeks post-pregnancy is in the custody of
29 law enforcement, subject to custodial interrogation, or has their free-
30 dom of action restricted by law enforcement in any significant way, the
31 use of restraints of any kind by law enforcement personnel shall be
32 prohibited except:
33 (i) during arrest, if exigent circumstances arise and the person
34 cannot reasonably be restrained by other means; or
35 (ii) during transport of the person, if the person directly responsi-
36 ble for such transport determines that an emergency has arisen in which
37 restraints are necessary due to an immediate risk of serious injury to
38 themself or medical or law enforcement personnel or others.
39 (b) Restraints used pursuant to this section shall be for the shortest
40 duration possible and restraints shall be limited to wrist restraints in
41 front of the body.
42 (c) Restraints shall never be used on a person who is in labor,
43 notwithstanding the exceptions provided in subparagraphs (i) and (ii) of
44 paragraph (a) of this subdivision.
45 (d) The provisions of this section shall at minimum apply to police
46 stations, holding facilities for prisoners, prosecutors' offices,
47 medical areas and hospitals, and any facility where persons are held in
48 detention in connection with criminal or juvenile delinquency charges
49 that have been or may be filed against them, as well as during transfer
50 to and from such locations. A person's disclosure of their status shall
51 serve as sufficient notice to law enforcement under this provision.
52 2. (a) If restraints are used on a person who is pregnant or post-
53 pregnancy contrary to this section, the law enforcement personnel
54 responsible for such use of restraints shall document in writing within
55 five days: the reason such restraints were used, the type of restraints
56 used, and the length of time such restraints were used.
S. 2667--C 6
1 (b) The chief of every police department, county sheriff, and the
2 superintendent of state police shall report to the division, in a form
3 and manner prescribed by the division, all such uses of restraints,
4 disaggregated by county, and shall include the following information,
5 but shall exclude personally identifiable information:
6 (i) the reason restraints were used;
7 (ii) the type of restraints used;
8 (iii) the length of time such restraints were used;
9 (iv) the race, ethnicity, age, and gender identity of the individual;
10 and
11 (v) the zip code or location where the use of restraints occurred.
12 (c) The division shall make the information reported pursuant to this
13 subdivision available to the public by posting it on the website of the
14 division, excluding personally identifiable information.
15 (d) The division shall submit to the governor and the legislature an
16 annual report of all uses of restraints on pregnant and post-pregnant
17 persons by law enforcement, including the information reported pursuant
18 to this subdivision, but shall exclude personally identifying informa-
19 tion.
20 (e) The division may promulgate regulations to effectuate the report-
21 ing required by this subdivision.
22 § 3. This act shall take effect immediately.
