Assembly Bill A7120

2013-2014 Legislative Session

Relates to the restraint of pregnant female prisoners during childbirth

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Archive: Last Bill Status - In Assembly 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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2013-A7120 (ACTIVE) - Details

See Senate Version of this Bill:
S2274
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง611, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6296
2011-2012: S375
2015-2016: A6430, S983

2013-A7120 (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

2013-A7120 (ACTIVE) - Bill Text download pdf

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

                                  7120

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

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]
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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03981-01-3
              

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