S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8764
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law,  in  relation  to  establishing  the
   women's  health  education  program  for  correctional  facilities and
   rights of pregnant  inmates;  to  amend  the  public  health  law,  in
   relation  to  requiring  certain  testing  to be offered; to amend the
   correction law, in relation to providing pregnant inmates with  access
   to  prenatal  vitamins  and  a  specialized  diet;  and to require the
   department of health to collect data on women's health care in prisons
   and publish a report
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 148-a
 to read as follows:
   §  148-A.  WOMEN'S  HEALTH  EDUCATION  PROGRAM.  THE  COMMISSIONER  OF
 CORRECTIONS AND COMMUNITY SUPERVISION IS HEREBY AUTHORIZED AND  DIRECTED
 TO  ASSIST AND COOPERATE WITH THE COMMISSIONER OF HEALTH AND THE COMMIS-
 SIONER OF CHILDREN AND FAMILY SERVICES IN THE ESTABLISHMENT AND  CONDUCT
 OF A WOMEN'S HEALTH EDUCATION PROGRAM IN THE INSTITUTIONS AND FACILITIES
 UNDER THEIR DIRECTION. SUCH PROGRAM SHALL EDUCATE INSTITUTION AND FACIL-
 ITY  MEDICAL  STAFF  FOCUSING ON THE SPECIFIC MEDICAL NEEDS OF WOMEN AND
 PROVIDING PROFESSIONAL, RESPECTFUL AND INFORMED CARE  FOR  WOMEN,  ESPE-
 CIALLY THOSE WHO MAY BE VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL VIOLENCE.
   §  2.  Paragraph (c) of subdivision 1 and subdivision 2 of section 611
 of the correction law, paragraph (c) of  subdivision  1  as  amended  by
 chapter  17  of the laws of 2016 and subdivision 2 as amended by chapter
 242 of the laws of 1930, are amended and a new subdivision 4 is added to
 read as follows:
   (c) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13693-01-7

 A. 8764                             2
 
 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 WOMAN SHALL BE PERMITTED TO HAVE ONE SUPPORT
 PERSON  OF THEIR CHOOSING, INCLUDING ANOTHER INMATE, ACCOMPANY THEM INTO
 THE DELIVERY ROOM DURING THE BIRTH OF THE CHILD. THE  SUPERINTENDENT  OR
 SHERIFF  OR HIS OR HER DESIGNEE SHALL CAUSE ANY INMATE PROVIDING SUPPORT
 TO THE HEALTH OF THE WOMAN AND CHILD TO RETURN TO  SUCH  INSTITUTION  OR
 LOCAL  CORRECTIONAL  FACILITY  AS  SOON AFTER THE BIRTH OF THE CHILD AND
 AFTER THE HEALTH OF THE WOMAN AND CHILD HAS BEEN ESTABLISHED. The super-
 intendent 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, main-
 tenance 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.
   2. A child so born may be returned with its mother to the correctional
 institution  in  which  the  mother is confined unless the chief medical
 officer of the correctional institution shall certify that the mother is
 physically unfit to care for the child, in which case the  statement  of
 the  said  medical  officer  shall  be  final. A child may remain in the
 correctional institution with its mother for such period as seems desir-
 able for the welfare of such child, but not after it is one year of age,
 provided, however, if the mother is in a state reformatory and is to  be
 paroled  shortly after the child becomes one year of age, such child may
 remain at the state reformatory until its mother is paroled, but  in  no
 case  after  the child is eighteen months old. THE CORRECTIONAL INSTITU-
 TION SHALL INFORM THE MOTHER OF HER ABILITY TO APPLY TO  THE  CHILDREN'S
 CENTER  PROGRAM AT BEDFORD HILLS CORRECTIONAL FACILITY PURSUANT TO REGU-
 LATION. The officer in charge of such  institution  may  cause  a  child
 cared  for therein with its mother to be removed from the institution at
 any time before the child is one year of age. He  shall  make  provision
 for  a  child removed from the institution without its mother or a child
 born to a woman inmate who is not returned to the institution  with  its
 mother  as  hereinafter provided.  He may, upon proof being furnished by
 the father or other relatives of their ability to properly care for  and
 maintain  such  child,  give the child into the care and custody of such

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 father or other relatives, who shall thereafter  maintain  the  same  at
 their  own  expense.  If it shall appear that such father or other rela-
 tives are unable to properly care for  and  maintain  such  child,  such
 officer  shall place the child in the care of the commissioner of public
 welfare or other officer or board exercising in relation to children the
 power of a commissioner of public welfare of the county from which  such
 inmate was committed as a charge upon such county. The officer in charge
 of the correctional institution shall send to such commissioner, officer
 or  board  a report of all information available in regard to the mother
 and the child. Such commissioner of public welfare or other  officer  or
 board  shall  care for or place out such child as provided by law in the
 case of a child becoming dependent upon the county.
   4. ANY WOMAN CONFINED IN ANY INSTITUTION OR LOCAL CORRECTIONAL FACILI-
 TY WHO IS KNOWN TO BE PREGNANT SHALL BE MADE  AWARE  OF  HER  OPTION  TO
 PARTICIPATE  IN  PREGNANCY  COUNSELING  SERVICES  AS  ESTABLISHED BY THE
 DEPARTMENT OF  CORRECTIONS,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 HEALTH,  AND  SHALL  BE MADE AWARE OF HER RIGHT TO ABORTION SERVICES, BY
 CORRECTIONAL PERSONNEL WHO ARE INVOLVED IN THE MEDICAL CARE OF INCARCER-
 ATED WOMEN.
   § 3. Subdivision 1 of section 2308-a of  the  public  health  law,  as
 amended  by  section  38 of part E of chapter 56 of the laws of 2013, is
 amended to read as follows:
   1. The administrative officer or other person in charge of a clinic or
 other facility providing gynecological, obstetrical,  genito-urological,
 contraceptive,  sterilization  or  termination  of pregnancy services or
 treatment shall require the staff of such clinic or facility to offer to
 administer to every resident of the state of New  York  coming  to  such
 clinic  or facility for such services or treatment, appropriate examina-
 tions or tests for the detection of sexually transmitted  diseases.  FOR
 THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM "FACILITY" SHALL INCLUDE A
 CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION FOUR OF SECTION  TWO  OF
 THE CORRECTION LAW.
   §  4.  Subdivision 2 of section 140 of the correction law, as added by
 chapter 516 of the laws of 1995, is amended to read as follows:
   2. Subject to the regulations of the  department  of  health,  routine
 medical,  dental and mental health services and treatment is defined for
 the purposes of this section to mean any routine diagnosis or treatment,
 including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES  OR
 TREATMENT  FOR FEMALE INMATES AT LEAST ONCE PER YEAR, the administration
 of medications or nutrition, the extraction of bodily fluids for  analy-
 sis,  and  dental care performed with a local anesthetic. Routine mental
 health treatment shall not include psychiatric administration of medica-
 tion unless it is part of an ongoing mental health plan or unless it  is
 otherwise authorized by law.
   §  5.  Subdivision 2 of section 505 of the correction law, as added by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. Subject to the regulations of the  department  of  health,  routine
 medical,  dental and mental health services and treatment is defined for
 the purposes of this section to mean any routine diagnosis or treatment,
 including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES  OR
 TREATMENT  FOR FEMALE INMATES AT LEAST ONCE PER YEAR, the administration
 of medications or nutrition, the extraction of bodily fluids for  analy-
 sis,  and  dental care performed with a local anesthetic. Routine mental
 health treatment shall not include psychiatric administration of medica-
 tion unless it is part of an ongoing mental health plan or unless it  is
 otherwise authorized by law.

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   §  6.  The  correction law is amended by adding a new section 140-a to
 read as follows:
   §  140-A.  PROVISION FOR ROUTINE PRENATAL CARE. IF A WOMAN CONFINED IN
 ANY INSTITUTION OR LOCAL CORRECTIONAL FACILITY BE PREGNANT, SHE SHALL BE
 PROVIDED WITH ROUTINE PRENATAL CARE FOR THE DURATION OF  HER  PREGNANCY.
 FOR  THE  PURPOSES  OF  THIS SECTION, ROUTINE PRENATAL CARE SHALL MEAN A
 TYPE OF PREVENTATIVE CARE WITH THE GOAL OF PROVIDING  REGULAR  CHECK-UPS
 THAT  ALLOW  DOCTORS  TO  TREAT  AND  PREVENT  POTENTIAL HEALTH PROBLEMS
 THROUGHOUT THE COURSE OF THE PREGNANCY  WHILE  PROMOTING  HEALTHY  LIFE-
 STYLES  THAT  BENEFIT  BOTH  MOTHER  AND CHILD. FOR THE PURPOSES OF THIS
 SECTION, ROUTINE PRENATAL CARE SHALL INCLUDE, BUT NOT BE LIMITED TO  THE
 PROVISION OF:
   1. PRENATAL VITAMINS; AND
   2.  A  SPECIALIZED DIET TAILORED TO THE NUTRITIONAL NEEDS OF THE PREG-
 NANT INMATE.
   § 7. The commissioner of corrections  and  community  supervision,  in
 conjunction  with the commissioner of health shall promulgate such rules
 and regulations as may be necessary  to  effectuate  the  provisions  of
 section six of this act.
   §  8.  1. The department of health, in cooperation with the department
 of corrections and community  supervision,  shall  conduct  a  study  of
 women's health care in prisons. Such study shall:
   a. collect all available data relating to women's health care in pris-
 ons;
   b.  determine  how  often women in prisons are being seen by a medical
 professional;
   c. determine how long it takes for women in prisons to be  seen  by  a
 medical professional;
   d.  identify  what  issues  women in prisons are most often being seen
 for;
   e. determine the outcomes of women in prisons being seen by a  medical
 professional; and
   f.  investigate anything deemed relevant by the commissioner of health
 or the commissioner of corrections and  community  supervision  for  the
 purposes of this study.
   2.  Upon  completion  of the study required by subdivision one of this
 section, the commissioner of health,  or  his  or  her  designee,  shall
 prepare  a  report to be given to the governor and the legislature which
 shall include the findings of such study. Such  report  shall  be  filed
 within  one  year  of the effective date of this act, unless the commis-
 sioner of health requests in writing, an extension of time.
   3. All other departments or agencies  of  the  state  or  subdivisions
 thereof, and local governments shall, at the request of the commissioner
 of  health or the commissioner of corrections and community supervision,
 provide expertise, assistance, and data that will  enable  such  commis-
 sioner to carry out his or her powers and duties.
   § 9. This act shall take effect immediately; provided however, that:
   1.  Section two of this act shall take effect on the one hundred twen-
 tieth day after it shall have  become  a  law;  provided  however  that,
 effective  immediately,  the  addition,  amendment  and/or repeal of any
 rules or regulations necessary for the implementation of section two  of
 this  act on its effective date are authorized to be made by the depart-
 ment of corrections in consultation with the department of health on  or
 before such effective date; and
   2. Section six of this act shall take effect on the one hundred eight-
 ieth day after it shall have become a law.