Braunstein, Cook, Davila, Epstein, Galef, Glick, Simon
Amd 137, Cor L
Restricts the segregated confinement of pregnant inmates to situations where there are exceptional circumstances which would create an unacceptable risk to other inmates or staff.
STATE OF NEW YORK
________________________________________________________________________
664
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ROZIC, ABINANTI, AUBRY, BARRETT, BARRON,
BICHOTTE, COLTON, DINOWITZ, ENGLEBRIGHT, FAHY, GOTTFRIED, HEVESI,
HUNTER, JOYNER, LUPARDO, O'DONNELL, PICHARDO, PEOPLES-STOKES, PERRY,
QUART, L. ROSENTHAL, STECK, STIRPE, WALKER, DE LA ROSA, WEPRIN, HYND-
MAN, JEAN-PIERRE, SEAWRIGHT, GRIFFIN -- Multi-Sponsored by -- M. of A.
BRAUNSTEIN, COOK, DAVILA, EPSTEIN, GALEF, GLICK, SIMON -- read once
and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the segregated
confinement of 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 (h) of this
5 subdivision, 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 (h) to read as follows:
12 (h) Segregated confinement is prohibited for pregnant inmates, inmates
13 who have given birth within the past eight weeks and inmate mothers
14 living with infants in prison nursery programs.
15 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03316-01-1
