S T A T E   O F   N E W   Y O R K
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                                  9168

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                           September 30, 2009
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in  relation  to  the  restraint  of
  pregnant female prisoners during childbirth

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 611  of  the  correction  law,  as
amended  by  chapter  411  of  the  laws  of 2009, is amended to read as
follows:
  1. If a woman confined in any institution as defined in paragraph  [c]
(C)  of  subdivision  four  of  section two of [the correction law] THIS
CHAPTER or local correctional facility as defined in  paragraph  (a)  of
subdivision sixteen of section two of [the correction law] THIS CHAPTER,
be  pregnant  and  about to give birth to a child, the superintendent as
defined in subdivision twelve of section two of the  correction  law  or
sheriff  as  defined  in  paragraph  [c]  (C)  of subdivision sixteen of
section two of [the correction law]  THIS  CHAPTER  in  charge  of  such
institution  or facility, a reasonable time before the anticipated birth
of such child, shall cause such woman to be removed from  such  institu-
tion  or  facility and provided with comfortable accommodations, mainte-
nance and medical care elsewhere, under such supervision and  safeguards
to  prevent  her escape from custody as the superintendent or sheriff or
his or her designee may determine. No restraints of any  kind  shall  be
used  during  transport  to  or from the hospital, institution or clinic
where such woman receives care[;  provided,  however,  in  extraordinary
circumstances, where restraints are necessary to prevent such woman from
injuring herself or medical or correctional personnel, such woman may be
cuffed by one wrist. In cases where restraints are used, the superinten-
dent  or  sheriff  shall  make  and  maintain written findings as to the
reasons for such use]. No restraints of any kind shall be used when such
woman is in labor, admitted to a hospital,  institution  or  clinic  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14702-02-9
              

A. 9168                             2

delivery, or recovering after giving birth. Any such personnel as may be
necessary to supervise the woman during transport to and from and during
her  stay  at  the  hospital, institution or clinic shall be provided to
ensure  adequate care, custody and control of the woman. The superinten-
dent or sheriff or his or her designee shall  cause  such  woman  to  be
subject  to return to such institution or local correctional facility as
soon after the birth of her child as the state of her health will permit
as determined by the medical professional responsible for  the  care  of
such woman.  If such woman is confined in a local correctional facility,
the expense of such accommodation, maintenance and medical care shall be
paid  by  such woman or her relatives or from any available funds of the
local correctional facility and if  not  available  from  such  sources,
shall  be a charge upon the county, city or town in which is located the
court from which such inmate was committed to  such  local  correctional
facility.    If  such  woman  is  confined  in any institution under the
control of the department, the expense of  such  accommodation,  mainte-
nance  and medical care shall be paid by such woman or her relatives and
if not available from such sources, such maintenance  and  medical  care
shall  be  paid  by  the  state. In cases where payment of such accommo-
dations, maintenance and medical care is assumed by the county, city  or
town  from  which such inmate was committed the payor shall make payment
by issuing payment instrument in favor of the agency or individual  that
provided  such accommodations and services, after certification has been
made by the head of the institution to  which  the  inmate  was  legally
confined,  that  the  charges  for  such accommodations, maintenance and
medical care were necessary and are just, and that the  institution  has
no available funds for such purpose.
  S 2. This act shall take effect immediately.