Provides that where the department of corrections knows that an inmate is pregnant, there shall be a presumption against placement in segregated confinement or other restricted confinement unless there are exceptional circumstances which would create an unacceptable risk to the safety and security of other inmates or staff.
STATE OF NEW YORK
________________________________________________________________________
435
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to pregnant inmates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 6 of section 137 of
2 the correction law, as amended by chapter 1 of the laws of 2008, is
3 amended to read as follows:
4 Except as provided in paragraphs (d) [and], (e) and (g) of this subdi-
5 vision, the superintendent of a correctional facility may keep any
6 inmate confined in a cell or room, apart from the accommodations
7 provided for inmates who are participating in programs of the facility,
8 for such period as may be necessary for maintenance of order or disci-
9 pline, but in any such case the following conditions shall be observed:
10 § 2. Subdivision 6 of section 137 of the correction law is amended by
11 adding a new paragraph (g) to read as follows:
12 (g) For an inmate known by the department to be pregnant, there shall
13 be a presumption against placement in segregated confinement or other
14 restricted confinement unless there are exceptional circumstances which
15 would create an unacceptable risk to the safety and security of other
16 inmates or staff.
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01367-01-5
