NY State Senate Bill 2011-S375

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to crime victims, crime and correction
Jan 05, 2011	referred to crime victims, crime and correction

2011-S375 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §611, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6296
2013-2014: S2274
2015-2016: S983

2011-S375 (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

2011-S375 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S375

TITLE OF BILL:
An act
to amend the correction law, in relation to the restraint of pregnant
female prisoners during childbirth

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the use of mechanical restraints including handcuffs and
shackles, on any pregnant female prisoner who is about to give birth
during transport from a correctional facility to a medical facility
or other accommodation for the purpose of delivering her child.
Permits the use of handcuffs under extraordinary circumstances where
restraints are determined to be necessary to prevent such woman from
injuring herself, or medical, or corrections personnel.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 1, subdivision 1, of section 611 of the
Correction Law as amended by chapter 411 of the laws of 2009 to
prohibit the use of restraints on female prisoners during transport
to medical facility when about to give birth except under
extraordinary circumstances.

JUSTIFICATION:
According to Amnesty International, New York State is still one of the
many states that permits the shackling of pregnant inmates. In New

city, a 1990 consent decree agreement ended the shackling of pregnant
inmates. The use of mechanical restraints on a pregnant inmate
constitutes a cruel and inhumane form of punishment and poses a
serious risk to both the mother and her unborn child.

A 1999 press release from Amnesty International included a quote from
a pregnant female prisoner in Cook County Chicago Illinois. She
described how while in labor, her feet were shackled and, as a
result, was unable to facilitate the birth of her baby. Ultimately,
the officer had to be summoned to unlock the shackles before the baby
could be born. Accordingly, this bill is designed to ensure the
protection of pregnant prisoners and their unborn child.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.6296/A.9168 - Referred to Senate Crime Victims, Crime and
Correction Committee/Referred to Assembly Correction Committee
2007-2008: S.2115/A.4105
2005-2006: S.6895/A.3804
2003-2004: S.169/A.5134
2001-2002: S.80/A.3292
2000:      S.7856/A.10807

FISCAL IMPLICATIONS:
No fiscal implications to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S375 (ACTIVE) - Bill Text download pdf

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

                                   375

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 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]
THIS CHAPTER 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
institution  or  facility  and provided with comfortable accommodations,
maintenance and medical care elsewhere, under such supervision and safe-
guards to prevent her escape from custody as the superintendent or sher-
iff 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  extraor-
dinary  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 superintendent or sheriff shall make and maintain  written  findings

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

                                                           LBD01528-01-1

S. 375                              2

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 delivery, or recovering after giving birth. Any such  person-
nel  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
superintendent  or sheriff or his or her designee shall cause such woman
to be subject to return to such institution or local correctional facil-
ity 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,
maintenance  and  medical  care shall be paid by such woman or her rela-
tives and if not available  from  such  sources,  such  maintenance  and
medical  care shall be paid by the state. In cases where payment of such
accommodations, 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 individ-
ual 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.

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Senate Bill S375

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2011-S375 (ACTIVE) - Details

2011-S375 (ACTIVE) - Summary

2011-S375 (ACTIVE) - Sponsor Memo

2011-S375 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S375

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2011-S375 (ACTIVE) - Details

2011-S375 (ACTIVE) - Summary

2011-S375 (ACTIVE) - Sponsor Memo

2011-S375 (ACTIVE) - Bill Text download pdf

Comments