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

                                 6430--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A. PERRY, ROZIC -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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. (A) If a woman confined in any institution [as defined in paragraph
c of subdivision four of section two of the  correction  law]  or  local
correctional  facility  [as  defined  in  paragraph  (a)  of subdivision
sixteen of section two of the correction law,] 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 of subdivision sixteen of section two of the correction law]
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 accommo-
dations,  maintenance 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,  institu-
tion  or  clinic where] OF 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 superintendent or sheriff shall make and main-
tain written findings as to the reasons for such use], A  WOMAN  WHO  IS
KNOWN  TO  BE  PREGNANT  OR A WOMAN WITHIN EIGHT WEEKS AFTER DELIVERY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02990-02-5
              

A. 6430--A                          2

PREGNANCY OUTCOME RECEIVES CARE ABSENT  EXTRAORDINARY  CIRCUMSTANCES  IN
WHICH  THE SUPERINTENDENT OR SHERIFF OR HIS OR HER DESIGNEE IN CONSULTA-
TION WITH THE CHIEF MEDICAL OFFICER HAS MADE AN INDIVIDUALIZED  DETERMI-
NATION THAT RESTRAINTS ARE NECESSARY TO PREVENT SUCH WOMAN FROM INJURING
HERSELF  OR  MEDICAL  OR  CORRECTIONAL  PERSONNEL  OR  OTHERS AND CANNOT
REASONABLY BE RESTRAINED BY OTHER MEANS, INCLUDING THE USE OF ADDITIONAL
PERSONNEL. IF A DETERMINATION HAS BEEN MADE THAT  EXTRAORDINARY  CIRCUM-
STANCES  EXIST THEN RESTRAINTS SHALL BE LIMITED TO HANDCUFFS IN FRONT OF
THE BODY. THE SUPERINTENDENT OR SHERIFF OR HIS  OR  HER  DESIGNEE  SHALL
DOCUMENT THE FACTS UPON WHICH THE FINDING OF EXTRAORDINARY CIRCUMSTANCES
WERE BASED WITHIN FIVE DAYS OF THE USE OF SUCH RESTRAINTS AND SHALL ALSO
DOCUMENT  THE  TYPE  OF  RESTRAINTS  USED  AND  THE  LENGTH OF TIME SUCH
RESTRAINTS WERE USED. 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 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, EXCEPT THAT NO
CORRECTIONAL STAFF SHALL BE PRESENT IN  THE  DELIVERY  ROOM  DURING  THE
BIRTH  OF  A BABY UNLESS REQUESTED BY THE MEDICAL STAFF SUPERVISING SUCH
DELIVERY OR BY THE WOMAN GIVING BIRTH. The superintendent 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,  maintenance 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 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 individual that provided such accommodations and
services, after certification has been made by the head of the  institu-
tion 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.
  (B) ANY WOMAN CONFINED IN AN INSTITUTION OR LOCAL CORRECTIONAL FACILI-
TY SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER  UNDERSTAND-
ABLE TO HER ABOUT THE REQUIREMENTS OF THIS SECTION UPON HER ADMISSION TO
AN  INSTITUTION  OR  LOCAL  CORRECTIONAL  FACILITY AND AGAIN WHEN SHE IS
KNOWN TO BE PREGNANT. THE SUPERINTENDENT OR SHERIFF SHALL PUBLISH NOTICE
OF THE REQUIREMENTS OF THIS SECTION IN PROMINENT LOCATIONS WHERE MEDICAL
CARE IS PROVIDED. THE DEPARTMENT AND THE SHERIFF  SHALL  PROVIDE  ANNUAL
TRAINING ON PROVISIONS OF THIS SECTION TO ALL CORRECTIONAL PERSONNEL WHO
ARE  INVOLVED  IN  THE  TRANSPORTATION,  SUPERVISION  OR MEDICAL CARE OF
INCARCERATED WOMEN.
  (C) THE DEPARTMENT AND SHERIFF SHALL REPORT ANNUALLY TO THE  GOVERNOR,
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEM-

A. 6430--A                          3

BLY,  THE  CHAIRPERSON OF THE SENATE CRIME VICTIMS, CRIME AND CORRECTION
COMMITTEE AND THE  CHAIRPERSON  OF  THE  ASSEMBLY  CORRECTION  COMMITTEE
CONCERNING  EVERY  USE  OF  RESTRAINTS ON A WOMAN UNDER THIS SECTION BUT
SHALL EXCLUDE INDIVIDUAL IDENTIFYING INFORMATION.
  S 2. This act shall take effect immediately.