Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.
STATE OF NEW YORK
________________________________________________________________________
3174
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sen. CLEARE -- 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 authorizing the
transfer of pregnant and postpartum incarcerated individuals to resi-
dential treatment facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 72-d
2 to read as follows:
3 § 72-d. Pregnant and postpartum incarcerated individuals. 1. The
4 commissioner may authorize the transfer to a residential treatment
5 facility established under section seventy-three of this article:
6 (a) for up to one year of postpartum, an incarcerated individual who
7 gave birth within eight months of the date of commitment to a correc-
8 tional facility; and
9 (b) for the duration of the pregnancy and up to one year postpartum,
10 an incarcerated individual who is pregnant.
11 2. The commissioner may conditionally transfer an incarcerated indi-
12 vidual under subdivision one of this section to a residential treatment
13 facility for the purpose of participation in prenatal or postnatal care
14 programming and to promote mother-child bonding in addition to other
15 programming as established by the commissioner, including but not limit-
16 ed to evidence-based parenting skills programming; working at paid
17 employment; seeking employment; or participating in vocational training,
18 an education program, or chemical dependency or mental health treatment
19 services.
20 3. The commissioner shall develop policy and criteria and promulgate
21 any rules and/or regulations necessary to implement this section accord-
22 ing to public safety and generally accepted correctional practice.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04540-01-3
S. 3174 2
1 4. On or before the first of April each year, the commissioner shall
2 report to the temporary president of the senate and the speaker of the
3 assembly on the number of incarcerated individuals transferred to resi-
4 dential treatment facilities pursuant to this section and the duration
5 of such transfers for the prior calendar year.
6 § 2. Subdivision 1 of section 73 of the correction law, as amended by
7 chapter 322 of the laws of 2021, is amended to read as follows:
8 1. The commissioner may transfer any incarcerated individual of a
9 correctional facility who is eligible for community supervision or who
10 will become eligible for community supervision within six months after
11 the date of transfer [or], who has one year or less remaining to be
12 served under his or her sentence, or who is a pregnant or postpartum
13 incarcerated individual authorized under section seventy-two-d of this
14 article to a residential treatment facility and such person may be
15 allowed to go outside the facility during reasonable and necessary hours
16 to engage in any activity reasonably related to his or her rehabili-
17 tation and in accordance with the program established for him or her.
18 While outside the facility he or she shall be at all times in the custo-
19 dy of the department and under its supervision.
20 § 3. This act shall take effect immediately.
