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S01290 Summary:

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S01290 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1290--A
            Cal. No. 94
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2009
                                       ___________
 
        Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
          SAVINO,  SCHNEIDERMAN, STAVISKY -- read twice and ordered printed, and
          when printed to be committed to the Committee on Crime Victims,  Crime
          and  Correction  -- reported favorably from said committee, ordered to

          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the correction law, in relation to pregnant female pris-
          oners
 
          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  758  of  the  laws  of 1968, is amended to read as
     3  follows:
     4    1. If a woman confined in any institution [under the  control  of  the
     5  state  department  of  correction,  or  in  any penitentiary or jail] as
     6  defined in paragraph c  of  subdivision  four  of  section  two  of  the
     7  correction  law  or  local correctional facility as defined in paragraph

     8  (a) of subdivision sixteen of section two  of  the  correction  law,  be
     9  pregnant  and  about to give birth to a child, the [officer] superinten-
    10  dent as defined in subdivision twelve of section two of  the  correction
    11  law  or  sheriff  as  defined  in  paragraph c of subdivision sixteen of
    12  section two of the correction law  in  charge  of  such  institution  or
    13  facility,  a reasonable time before the anticipated birth of such child,
    14  shall cause such woman to be removed from such institution  or  facility
    15  and  provided  with  comfortable accommodations, maintenance and medical
    16  care elsewhere, under such supervision and  safeguards  to  prevent  her
    17  escape  from custody as [he] the superintendent or sheriff or his or her

    18  designee may determine[, and]. No restraints of any kind shall  be  used
    19  during  transport  to  or from the hospital, institution or clinic where
    20  such woman receives care; provided, however,  in  extraordinary  circum-
    21  stances,  where  restraints  are  necessary  to  prevent such woman from
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01482-03-9
        S. 1290--A                          2
 
     1  injuring herself or medical or correctional personnel, such woman may be
     2  cuffed by one wrist. In cases where restraints are used, the superinten-

     3  dent or sheriff shall make and  maintain  written  findings  as  to  the
     4  reasons  for such use. No restraints of any kind shall be used when such
     5  woman is in labor, admitted to a hospital,  institution  or  clinic  for
     6  delivery, or recovering after giving birth. Any such personnel as may be
     7  necessary to supervise the woman during transport to and from and during
     8  her  stay  at  the  hospital, institution or clinic shall be provided to
     9  ensure adequate care, custody and control of the woman. The  superinten-
    10  dent  or  sheriff  or  his  or her designee shall cause such woman to be
    11  subject to [her] return to such institution or local correctional facil-
    12  ity as soon after the birth of her child as the state of her health will

    13  permit as determined by the medical  professional  responsible  for  the
    14  care  of  such  woman.   If such woman is confined in a [penitentiary or
    15  jail] local correctional facility, the expense  of  such  accommodation,
    16  maintenance  and  medical  care shall be paid by such woman or her rela-
    17  tives or from any available funds of the [penitentiary  or  jail]  local
    18  correctional facility and if not available from such sources, shall be a
    19  charge  upon the county, city or town in which is located the court from
    20  which such inmate was committed to such  [penitentiary  or  jail]  local
    21  correctional  facility.    If  such woman is confined in any institution
    22  under the control of the [state] department [of correction], the expense

    23  of such accommodation, maintenance and medical care  shall  be  paid  by
    24  such woman or her relatives and if not available from such sources, such
    25  maintenance  and medical care shall be paid by the state. In cases where
    26  payment of such accommodations, maintenance and medical care is  assumed
    27  by  the  county,  city  or town from which such inmate was committed the
    28  payor shall make payment by issuing payment instrument in favor  of  the
    29  agency  or  individual  that  provided such accommodations and services,
    30  after certification has been made by the  head  of  the  institution  to
    31  which  the inmate was legally confined, that the charges for such accom-
    32  modations, maintenance and medical care were necessary and are just, and
    33  that the institution has no available funds for such purpose.
    34    § 2. This act shall take effect immediately.