Relates to the provision of breast pumps and related collection and storage materials to all mothers who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such mothers, but not beyond the date such child reaches twenty-four months of age except in limited circumstances related to parole; allows children to remain with their mothers in a correctional institution until twenty-four months of age, or longer in certain cases related to parole; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated mothers.
STATE OF NEW YORK
________________________________________________________________________
3483
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. L. ROSENTHAL, KELLES -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law, in relation to providing breast
pumps to certain incarcerated nursing birth parents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2, 3, and 4 of section 611 of the
2 correction law, subdivision 1 as amended by chapter 17 of the laws of
3 2016, paragraph (c) of subdivision 1 and subdivision 2 as separately
4 amended by chapters 322 and 621 of the laws of 2021, subdivision 3 as
5 amended by chapter 242 of the laws of 1930, and subdivision 4 as amended
6 by chapter 486 of the laws of 2022, are amended to read as follows:
7 1. (a) If a [woman] person confined in any institution or local
8 correctional facility be pregnant and about to give birth to a child,
9 the superintendent or sheriff in charge of such institution or facility,
10 a reasonable time before the anticipated birth of such child, shall
11 cause such [woman] person to be removed from such institution or facili-
12 ty and provided with comfortable accommodations, maintenance and medical
13 care elsewhere, under such supervision and safeguards to prevent [her]
14 their escape from custody as the superintendent or sheriff or [his or
15 her] their designee may determine. No restraints of any kind shall be
16 used [during transport of] on such [woman] person, a [woman] person who
17 is known to be pregnant by correctional personnel or personnel providing
18 medical services to the institution or local correctional facility, or a
19 [woman] person within eight weeks after delivery or pregnancy outcome,
20 absent extraordinary circumstances in which, during transport:
21 i. the superintendent or sheriff or [his or her] their designee in
22 consultation with the medical professional responsible for the institu-
23 tion has made an individualized determination that restraints are neces-
24 sary to prevent such [woman] person from injuring [herself] themselves
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01366-03-3
A. 3483 2
1 or medical or correctional personnel or others and cannot reasonably be
2 restrained by other means, including the use of additional personnel; or
3 ii. the correctional personnel directly responsible for the transport
4 of such [a woman] person determine that an emergency has arisen in which
5 restraints are necessary because the [woman] person poses an immediate
6 risk of serious injury to [herself] themselves or medical or correction-
7 al personnel or others and cannot reasonably be restrained by other
8 means.
9 (b) If a determination has been made pursuant to subparagraph i or ii
10 of paragraph (a) of this subdivision that extraordinary circumstances
11 exist then restraints shall be limited to wrist restraints in front of
12 the body. The superintendent or sheriff or [his or her] their designee
13 pursuant to subparagraph i of paragraph (a) of this subdivision or
14 correctional personnel pursuant to subparagraph ii of paragraph (a) of
15 this subdivision shall document in writing the facts upon which the
16 finding of extraordinary circumstances were based within five days of
17 the use of such restraints and shall also document the type of
18 restraints used and the length of time such restraints were used.
19 (c) i. No restraints of any kind shall be used when such [woman]
20 person is in labor, admitted to a hospital[, institution] or [clinic]
21 medical facility for delivery, or recovering after giving birth. Any
22 such personnel as may be necessary to supervise the [woman] person
23 during transport to and from and during [her] their stay at the hospi-
24 tal[, institution] or [clinic] medical facility shall be provided to
25 ensure adequate care[,] and custody [and control] of the [woman, except
26 that no] person.
27 ii. No correctional staff shall be present [in the delivery room]
28 during the birth of a baby or during counseling and medical care related
29 to the pregnancy and all pregnancy outcomes including abortion, miscar-
30 riage, and stillbirth unless requested by the medical staff [supervis-
31 ing] providing such [delivery] care or by the [woman giving birth]
32 person receiving such care. [The woman] A person who is pregnant and in
33 custody of an institution or local correctional facility shall be
34 permitted to have at least one support person of [her] their choosing
35 accompany [her in the delivery room and when such woman is in labor and
36 recovering after giving birth] them to a hospital or medical facility
37 for labor, birth, and counseling and medical care related to pregnancy
38 and all pregnancy outcomes including abortion, miscarriage and still-
39 birth and shall be permitted to remain with such support person for the
40 duration of their stay in the hospital or medical facility subject to
41 the visiting rules of that hospital or medical facility. [A] Such
42 support person shall not need to have visited the [woman] person they
43 are supporting at [a] an institution or local correctional facility
44 prior to serving as a support person[. A person] and may not be denied
45 eligibility to serve as a support person solely on the basis of a past
46 criminal conviction or that such support person is on probation, condi-
47 tional release, parole or post release supervision. Any decision by an
48 [agency] institution or local correctional facility to deny a [woman's]
49 request [to have] for a specific support person [serve as a support
50 person] shall be made with reasons specified in writing within five days
51 of [her] the request and promptly provided to the [woman] person making
52 the request. [A] Such support person shall be notified immediately after
53 [such woman] the person they are supporting goes into labor, [or imme-
54 diately after a] is scheduled for labor induction or a caesarean section
55 [or termination], is identified as having a miscarriage or stillbirth,
56 or is scheduled for medical care for any pregnancy outcome, including
A. 3483 3
1 abortion, miscarriage, and stillbirth. If available, a doula[, midwife]
2 or other birthing support specialist may also assist during labor [and],
3 delivery [in addition to at least one support person of the woman's
4 choosing. Any woman confined in a state or local correctional facility
5 shall receive notice in writing in a language and manner understandable
6 to her about the requirements of this section upon her admission to such
7 state or local correctional facility and again when she is known to be
8 pregnant. The superintendent or sheriff shall publish notice of the
9 requirements of this section in prominent locations where medical care
10 is provided], post-partum recovery, and during medical care for and
11 recovery from any other pregnancy outcome including abortion, miscar-
12 riage and stillbirth. The superintendent or sheriff or [his or her]
13 their designee shall cause such [woman] person to be subject to return
14 to such institution or local correctional facility as soon after the
15 birth of [her] their child as the state of [her] their health will
16 permit as determined by the medical professional responsible for the
17 care of such [woman] person. [If such woman is confined in a local
18 correctional facility, the expense of such accommodation, maintenance
19 and medical care shall be paid by such woman or her relatives or from
20 any available funds of the local correctional facility and if not avail-
21 able from such sources, shall be a charge upon the county, city or town
22 in which is located the court from which such incarcerated individual
23 was committed to such local correctional facility. If such woman is
24 confined in any institution under the control of the department, the
25 expense of such accommodation, maintenance and medical care shall be
26 paid by such woman or her relatives and if not available from such
27 sources, such maintenance and medical care shall be paid by the state.
28 In cases where payment of such accommodations, maintenance and medical
29 care is assumed by the county, city or town from which such incarcerated
30 individual was committed the payor shall make payment by issuing payment
31 instrument in favor of the agency or individual that provided such
32 accommodations and services, after certification has been made by the
33 head of the institution to which the incarcerated individual was legally
34 confined, that the charges for such accommodations, maintenance and
35 medical care were necessary and are just, and that the institution has
36 no available funds for such purpose.]
37 (d) [Any woman confined in an institution or local correctional facil-
38 ity shall receive notice in writing in a language and manner understand-
39 able to her about the requirements of this section upon her admission to
40 an institution or local correctional facility and again when she is
41 known to be pregnant. The superintendent or sheriff shall publish notice
42 of the requirements of this section in prominent locations where medical
43 care is provided. The department and the sheriff shall provide annual
44 training on provisions of this section to all correctional personnel who
45 are involved in the transportation, supervision or medical care of
46 incarcerated women.
47 (e)] The department shall report annually to the governor, the tempo-
48 rary president of the senate, the minority leader of the senate, the
49 speaker of the assembly, the minority leader of the assembly, the chair-
50 person of the senate crime victims, crime and correction committee and
51 the chairperson of the assembly correction committee concerning every
52 use of restraints on a [woman] person under this section, including the
53 reason such restraint was used, the type of restraint used and the
54 length of time such restraint was used pursuant to paragraph (b) of this
55 subdivision, but shall exclude individual identifying information. The
56 sheriff of each county shall report, in a form and manner prescribed by
A. 3483 4
1 the commission, every use of restraints on a [woman] person under this
2 section, including the reason such restraint was used, the type of
3 restraint used and the length of time such restraint was used pursuant
4 to paragraph (b) of this subdivision, annually to the commission. The
5 commission shall include such information in its annual report pursuant
6 to section forty-five of this chapter, but shall exclude identifying
7 information from such report. Reports required by this section shall be
8 posted on the websites maintained by the department and the commission.
9 2. (a) A child so born may be returned with its [mother] birth parent
10 to the [correctional] institution [in which the mother is confined] or
11 local correctional facility unless the chief medical officer of the
12 [correctional] institution or local correctional facility shall certify
13 that [the mother] such parent is physically unfit to care for [the]
14 their child, in which case the statement of the said medical officer
15 shall be final. A child may remain in the [correctional] institution or
16 local correctional facility with its [mother] parent for such period as
17 seems desirable for the welfare of such child, but not after it is [one
18 year] twenty-four months of age, provided, however, if the [mother is in
19 a state reformatory and] parent is to be [paroled] released shortly
20 after the child becomes [one year] twenty-four months of age, such child
21 may remain at the [state reformatory] institution or local correctional
22 facility until its [mother] parent is [paroled] released, but in no case
23 after the child is [eighteen] thirty months old. If a pregnant [woman]
24 person or [mother] the birth parent of a child under the age of [eigh-
25 teen] thirty months is incarcerated at [a state] an institution or local
26 correctional facility, the department shall inform [her] such person of
27 [her] their ability to apply to any nursery program run by the depart-
28 ment [and] or the locality. [Any woman confined in a state or local
29 correctional facility shall receive notice in writing in a language and
30 manner understandable to her about the requirements of this section upon
31 her admission to a state or local correctional facility and again when
32 she is known to be pregnant. The superintendent or sheriff shall publish
33 notice of the requirements of this section in prominent locations where
34 medical care is provided.]
35 (b) The officer in charge of [such] an institution or local correc-
36 tional facility may cause a child cared for therein with its [mother]
37 birth parent to be removed from the institution or local correctional
38 facility at any time before the child is [one year] twenty-four months
39 of age if, consistent with paragraph (a) of this subdivision, the offi-
40 cer finds that the child's parent is physically unfit to care for their
41 child or if remaining in the institution or local correctional facility
42 is no longer desirable for the welfare of the child. [He or she shall
43 make provision for a child removed from the institution without its
44 mother or a child born to a woman incarcerated individual who is not
45 returned to the institution with its mother as hereinafter provided. He
46 or she] Such officer may, upon proof being furnished by the [father]
47 other parent or [other] relatives of their ability to properly care for
48 and maintain such child, give the child into the care and custody of
49 such [father] other parent or [other] relatives, who shall thereafter
50 maintain the same at their own expense. If it shall appear that such
51 [father] other parent or [other] relatives are unable to properly care
52 for and maintain such child, such officer shall place the child in the
53 care of the commissioner of public welfare or other officer or board
54 exercising in relation to children the power of a commissioner of public
55 welfare of the county from which such incarcerated [individual] parent
56 was committed as a charge upon such county. [The] Such officer [in
A. 3483 5
1 charge of the correctional institution] shall send to such commissioner,
2 officer or board a report of all information available in regard to the
3 [mother] incarcerated parent and [the] their child. Such commissioner
4 [of public welfare or other], officer or board shall care for or place
5 out such child as provided by law in the case of a child becoming
6 dependent upon the county.
7 3. If any [woman,] birth parent committed to [any such correctional]
8 an institution or local correctional facility at the time of such
9 commitment is [the mother] or was a primary caregiver of a [nursing]
10 child [in her care] under [one year] twenty-four months of age, such
11 child may [accompany her to] join them in such institution [if she] or
12 local correctional facility, provided that such parent is physically fit
13 to have the care of such child[, subject to] and such placement is
14 desirable for the welfare of the child consistent with the provisions of
15 subdivision two of this section. [If any woman committed to any such
16 institution at the time of such commitment is the mother of and has
17 under her exclusive care a child more than one year of age the justice
18 or magistrate committing such woman shall refer such child to the
19 commissioner of public welfare or other officer or board exercising in
20 relation to children the power of a commissioner of public welfare of
21 the county from which the woman is committed to be cared for as provided
22 by law in the case of a child becoming dependent upon the county.]
23 4. Upon admitting a [woman] person known to be pregnant, or upon
24 learning [of pregnancy status] that person is pregnant, the chief
25 medical officer of each [correctional facility housing female incarcer-
26 ated individuals, including] institution and the medical professional
27 responsible for each local correctional facility [housing female incar-
28 cerated individuals], or such officer or professional's designee, shall
29 immediately [inform] provide such person with supportive pregnancy
30 options counseling consistent with their reproductive rights as outlined
31 in section twenty-five hundred ninety-nine-aa of the public health law,
32 including informing such [woman] person of [the option of participating
33 in pregnancy counseling services and the right to abortion services]
34 their right to receive an abortion and their right to continue their
35 pregnancy free from discrimination. If such person chooses to continue
36 their pregnancy, they shall be informed about the existence of services
37 related to pregnancy and children including pregnancy-related health
38 care and nursery and parenting programs and shall be referred to the
39 correctional or civilian staff or volunteers who provide such services.
40 If such person chooses to have an abortion or requests information about
41 abortion services, they shall be referred immediately to medical person-
42 nel in charge of facilitating those services and, if such person
43 requests, shall have access to an abortion without delay. An institution
44 or local correctional facility shall not impose a deadline for a person
45 to receive an abortion that is contrary to section twenty-five hundred
46 ninety-nine-bb of the public health law and shall not permit delays that
47 interfere with such person's ability to receive an abortion within the
48 timeframe permissible under such law. An institution or local correc-
49 tional facility shall not coerce or otherwise attempt to influence a
50 person's decisions about receiving an abortion or continuing their preg-
51 nancy or impose punishment of any type upon a person for changing their
52 mind about receiving an abortion or continuing their pregnancy.
53 § 2. Section 611 of the correction law is amended by adding four new
54 subdivisions 5, 6, 7, and 8 to read as follows:
55 5. A person who gives birth in a hospital or medical facility while in
56 custody of an institution or local correctional facility shall be
A. 3483 6
1 located in the same area and provided with the same birthing and post-
2 partum room accommodations as a person who gives birth while living in
3 the community. These accommodations shall include placing such person's
4 newborn in their room for the duration of their post-partum stay
5 consistent with subdivision three of section twenty-five hundred five-a
6 of the public health law, unless such person requests otherwise or
7 hospital or medical facility personnel determine a different placement
8 is necessary for the health of such person or their newborn. Such person
9 shall be permitted to keep all health and newborn related supplies and
10 equipment provided to them by the hospital or medical facility upon
11 their return to the institution or local correctional facility, includ-
12 ing but not limited to diapers, breast pump equipment, breastfeeding
13 supplies, breast pads, sanitary napkins, underwear, water bottle, heat-
14 ing pad, perineal squirt bottles, sitz baths, and health creams, oint-
15 ments, and sprays. Such person and their newborn shall be provided with
16 uninterrupted access to therapeutically equivalent medication as
17 prescribed by medical personnel at the hospital or medical facility for
18 a duration consistent with the timeframe prescribed by such personnel.
19 6. (a) For purposes of this subdivision, a breastfeeding parent is
20 defined as:
21 (i) a parent in custody of an institution or local correctional facil-
22 ity who lives with their child pursuant to subdivisions two and three of
23 this section; and
24 (ii) a parent in custody of an institution or local correctional
25 facility who is able to produce breast milk of any amount and whose
26 child is living in the community and is thirty-six months of age or
27 younger.
28 (b) (i) A breastfeeding parent as defined in subparagraph (a) of this
29 subdivision shall have the right to:
30 (A) breastfeed their child consistent with the rights enumerated in
31 subdivision three of section twenty-five hundred five-a of the public
32 health law;
33 (B) breastfeed their child in any location consistent with section
34 seventy-nine-e of the civil rights law or use a breast pump or express
35 breast milk in any location, provided that the institution or local
36 correctional facility has authorized such parent and their child to be
37 in such location;
38 (C) breastfeed and express breast milk at a frequency determined by
39 such parent;
40 (D) store breast milk at the institution or local correctional facili-
41 ty in a fashion consistent with the requirements set forth in paragraphs
42 (f) and (g) of this subdivision; and
43 (E) if such parent is not living with their child, designate an indi-
44 vidual in the community to gather breast milk from the institution or
45 local correctional facility for the purpose of delivering the breast
46 milk to their child.
47 (ii) An institution or local correctional facility shall not require a
48 parent to breastfeed or discriminate against or penalize in any way a
49 parent for their breastfeeding decisions and actions.
50 (c) (i) An institution or local correctional facility shall provide a
51 breastfeeding parent, as defined in subparagraph (a) of this subdivi-
52 sion, with adequate time to breastfeed and express and collect breast-
53 milk and shall not penalize them for engaging in these activities
54 consistent with section two hundred six-c of the labor law, including
55 permitting breastfeeding parents to participate in jobs and programs
56 that run simultaneous to breastfeeding related activities.
A. 3483 7
1 (ii) The institution or local correctional facility shall also provide
2 such parent with timely access to a room for breastfeeding or expressing
3 breast milk consistent with section two hundred six-c of the labor law,
4 including that the room shall be private, well lit, nearby access to
5 clean running water, equipped with outlets for the use of an electric
6 breast pump and, at a minimum, with a chair and working surface on which
7 breast pump parts can be placed. Such room shall not be a restroom or
8 toilet stall and shall not be used for any other purpose or function
9 while being used for breastfeeding or expressing breast milk.
10 (d) (i) An institution or local correctional facility shall provide a
11 breastfeeding parent, as defined in subparagraph (a) of this subdivi-
12 sion, with the following:
13 (A) a personal electric pump with associated parts including flanges,
14 valves, membranes, connections, tubes, and collection bottles;
15 (B) a personal manual pump;
16 (C) a personal breastfeeding cover, personal pillow, and other
17 personal items that allow for comfort and privacy during breastfeeding
18 and expressing breast milk;
19 (D) comprehensive current information about breastfeeding and lacta-
20 tion that reflects standards of the department of health in a language
21 and manner understandable to such parent; and
22 (E) access to breastfeeding and lactation assistance from personnel
23 with relevant expertise and, if available, other individuals incarcerat-
24 ed at the institution or local correctional facility who work in or
25 otherwise support pregnancy or child related programming and are able to
26 provide breastfeeding and lactation support.
27 (ii) The institution or local correctional facility shall bring such
28 parent these materials upon their request in a timely fashion regardless
29 of where such parent is located in the institution or facility.
30 (e) Upon such parent's request for infant formula, the institution or
31 local correctional facility shall provide such parent with formula that
32 meet standards and nutrient requirements set forth by the United States
33 food and drug administration. If such parent determines that their
34 infant is intolerant to or otherwise made physically uncomfortable by
35 the formula provided, the institution or local correctional facility
36 shall provide alternate formulas until such parent determines that one
37 is sufficient for their infant. Prior to making their determination,
38 such parent shall be afforded the opportunity to discuss formula related
39 issues with personnel providing lactation care and pediatric care in
40 that institution or local correctional facility.
41 (f) An institution or local correctional facility shall acquire breast
42 pump parts and breast milk storage devices only from organizations and
43 agencies that are in compliance with section 37-0505 of the environ-
44 mental conservation law, and shall clean or allow a breastfeeding
45 parent, as defined in subparagraph (a) of this subdivision, to clean
46 breast pump parts and breast milk storage devices at a frequency
47 consistent with regulations set forth by the department of health.
48 (g) An institution or local correctional facility shall store breast-
49 milk safely in a refrigerator or comparable cooling unit consistent with
50 guidelines set forth by the department of health until it is ready for
51 consumption by the child of a breastfeeding parent, as defined in
52 subparagraph (a) of this subdivision, or for pick up by a designated
53 individual pursuant to paragraph (b) of this subdivision.
54 7. (a) The department and commission shall compile data outlined
55 respectively in paragraphs (b) and (c) of this subdivision for an annual
56 report to the governor, the temporary president of the senate, the
A. 3483 8
1 minority leader of the senate, the speaker of the assembly, the minority
2 leader of the assembly, the chairperson of the senate health committee,
3 the chairperson of the senate crime victims, crime and correction
4 committee, the chairperson of the assembly health committee, the chair-
5 person of the assembly correction committee, the chairperson of the
6 legislative women's caucus, and the chairperson of the Black, Puerto
7 Rican, Hispanic and Asian legislative caucus. Such data shall be disag-
8 gregated by institution and local correctional facility and reported in
9 a de-identified fashion. Reports issued pursuant to this paragraph shall
10 be posted on the websites maintained by the department and the commis-
11 sion.
12 (b) Each institution shall work with relevant personnel and contracted
13 external health care providers to collect the following data and provide
14 it in a de-identified fashion to the department for the purpose outlined
15 in paragraph (a) of this subdivision:
16 (i) the number of individuals known to be pregnant upon admission;
17 (ii) the number of individuals identified as being pregnant while in
18 custody, including the number participating in a work release program
19 and the number in custody for a parole violation;
20 (iii) the average daily census of pregnant individuals;
21 (iv) the number of ectopic pregnancies, molar pregnancies, abortions,
22 miscarriages, stillbirths, vaginal deliveries, and caesarean deliveries;
23 (v) the number of pregnancies determined by medical personnel to be
24 high risk and the reasons for such determinations;
25 (vi) for each newborn, the gestational age at delivery, birth weight,
26 and length of stay, if any, in a neonatal intensive care unit;
27 (vii) for pregnant individuals, their race, ethnicity, gender identi-
28 ty, age, crime of conviction, and county of conviction;
29 (viii) for individuals who apply for a nursery program, their race,
30 ethnicity, gender identity, age, crime of conviction, and county of
31 conviction, whether those individuals were approved or denied for the
32 program, along with specific and detailed reasons for denials, including
33 how they may relate to the crime of conviction, criminal record, custo-
34 dial history, history of violence, history of involvement with child
35 protective services, or history of substance use of the individual, the
36 mental or physical health conditions of the individual or child, or the
37 safety of the individual, child, or others in the nursery;
38 (ix) the number of babies who do not return to an institution with
39 their parent and the reasons, including denial for a nursery program,
40 and where those babies are placed, including non-kinship foster care,
41 kinship foster care, with the other parent, with a friend, and with a
42 family member not in foster care;
43 (x) for institutions with a nursery program, the number of nursery
44 beds available and the number of beds utilized each month;
45 (xi) the length of time between each nursery application and decision,
46 the length of time between each decision and the birth of the child, and
47 if admission is granted, the length of time between the decision and
48 placement of the individual in the nursery;
49 (xii) the number of individuals participating in the nursery program;
50 (xiii) the number of children who enter a nursery from the community;
51 (xiv) the number of individuals removed from the nursery disaggregated
52 by race, ethnicity, gender identity, age, crime of conviction, county of
53 conviction, and length of nursery stay, along with specific and detailed
54 reasons for removals, including how they may relate to the crime of
55 conviction, criminal record, custodial history, history of violence,
56 history of involvement with child protective services, or history of
A. 3483 9
1 substance use of the individual, the mental or physical health condi-
2 tions of the individual or child, and the safety of the individual,
3 child, or others in the nursery;
4 (xv) the number of babies removed from a nursery program and where
5 those babies are placed, including non-kinship foster care, kinship
6 foster care, with the other parent, with a friend, and with a family
7 member not in foster care; and
8 (xvi) the number of babies who return to the community with their
9 parent after being in a nursery program and the length of time spent in
10 the nursery.
11 (c) Each local correctional facility shall work with relevant person-
12 nel and contracted external health care providers to collect the follow-
13 ing data and provide it in a de-identified fashion to the commission for
14 the purpose outlined in paragraph (a) of this subdivision:
15 (i) the number of individuals known to be pregnant upon admission;
16 (ii) the number of individuals identified as being pregnant while in
17 custody and the under custody status of each pregnant individual,
18 including whether the individual is detained or sentenced;
19 (iii) the average daily census of pregnant individuals;
20 (iv) the number of ectopic pregnancies, molar pregnancies, abortions,
21 miscarriages, still births, vaginal deliveries, and caesarean deliv-
22 eries;
23 (v) the number of pregnancies determined by medical personnel to be
24 high risk and the reasons for such determinations;
25 (vi) for each newborn, the gestational age at delivery, birth weight,
26 and length of stay, if any, in a neonatal intensive care unit;
27 (vii) for pregnant individuals, their race, ethnicity, gender identi-
28 ty, age, crime of conviction, and county of conviction;
29 (viii) for individuals who apply for a nursery program, their race,
30 ethnicity, gender identity, age, crime of conviction, county of
31 conviction, and under custody status, including whether the individual
32 is detained or sentenced, whether those individuals were approved or
33 denied for the program, along with specific and detailed reasons for
34 denials, including how they may relate to the crime of conviction, crim-
35 inal record, custodial history, history of violence, history of involve-
36 ment with child protective services, or history of substance use of the
37 individual, the mental or physical health conditions of the individual
38 or child, or the safety of the individual, child, or others in the nurs-
39 ery;
40 (ix) the number of babies who do not return to a local correctional
41 facility with their parent and the reasons, including denial for a nurs-
42 ery program, and where those babies are placed, including non-kinship
43 foster care, kinship foster care, with the other parent, with a friend,
44 and with a family member not in foster care;
45 (x) for local correctional facilities with a nursery program, the
46 number of nursery beds available and the number of beds utilized each
47 month;
48 (xi) the length of time between each nursery application and decision,
49 the length of time between each decision and the birth of the child, and
50 if admission is granted, the length of time between the decision and
51 placement of the individual in the nursery;
52 (xii) the number of individuals participating in the nursery program;
53 (xiii) the number of children who enter a nursery from the community;
54 (xiv) the number of individuals removed from the nursery disaggregated
55 by race, ethnicity, gender identity, age, crime of conviction, county of
56 conviction, and length of nursery stay, along with specific and detailed
A. 3483 10
1 reasons for removals, including how they may relate to the crime of
2 conviction, criminal record, custodial history, history of violence,
3 history of involvement with child protective services, or history of
4 substance use of the individual, the mental or physical health condi-
5 tions of the individual or child, and the safety of the individual,
6 child, or others in the nursery;
7 (xv) the number of babies removed from a nursery program and where
8 those babies are placed, including non-kinship foster care, kinship
9 foster care, with the other parent, with a friend, and with a family
10 member not in foster care; and
11 (xvi) the number of babies who return to the community with their
12 parent after being in a nursery program and the length of time spent in
13 the nursery.
14 8. Any person confined in an institution or local correctional facili-
15 ty that houses women shall receive notice in writing in a language and
16 manner understandable to them about the requirements contained in each
17 subdivision of this section upon their admission and again, regardless
18 of the institution or local correctional facility in which they are
19 housed, if they are known to be pregnant or to be a breastfeeding
20 parent, as defined in paragraph (a) of subdivision six this section, or
21 to be eligible for their child to join them in an institution or local
22 correctional facility pursuant to subdivisions two and three of this
23 section. The superintendent or sheriff shall publish notice of the
24 requirements contained in each subdivision of this section in prominent
25 locations where pregnancy related care and child related care are
26 provided. The department and the sheriff shall provide annual training
27 on the provisions contained in each subdivision of this section for all
28 correctional, civilian and volunteer personnel who are involved in the
29 transportation, supervision or care of pregnant people or breastfeeding
30 parents, as defined in paragraph (a) of subdivision six this section, or
31 parents eligible for their child to join them in an institution or local
32 correctional facility pursuant to subdivisions two and three of this
33 section.
34 § 3. This act shall take effect immediately.