S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    118
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GALEF, ARROYO, JAFFEE, NIOU, RICH-
   ARDSON, DICKENS, JEAN-PIERRE, SIMON, SEAWRIGHT, WRIGHT, COOK, HYNDMAN,
   AUBRY, MOSLEY, LAVINE, BARRON, BLAKE, ORTIZ, CAHILL,  COLTON,  D'URSO,
   CRESPO,  RIVERA  --  Multi-Sponsored  by -- M. of A. FERNANDEZ -- read
   once and referred to the Committee on Correction
 
 AN ACT to amend the public health 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  public health law is amended by adding a new section
 207-b to read as follows:
   § 207-B. WOMEN'S HEALTH EDUCATION PROGRAM IN STATE AND  LOCAL  CORREC-
 TIONAL  FACILITIES.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
 SIONER OF CORRECTIONS AND COMMUNITY SUPERVISION AND  THE  CHAIR  OF  THE
 STATE  COMMISSION OF CORRECTION, SHALL ESTABLISH A WOMEN'S HEALTH EDUCA-
 TION PROGRAM IN STATE AND LOCAL CORRECTIONAL  FACILITIES.  SUCH  PROGRAM
 SHALL  EDUCATE  FACILITY  MEDICAL  STAFF ON THE SPECIAL MEDICAL NEEDS OF
 WOMEN, INCLUDING TRAINING  ON  PROVIDING  PROFESSIONAL,  RESPECTFUL  AND
 INFORMED  CARE  OF  WOMEN  WHO HAVE BEEN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01845-02-9

 A. 118                              2
 
 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
 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  HER CHOOSING ACCOMPANY HER INTO THE DELIVERY ROOM DURING THE
 BIRTH OF THE CHILD. 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  profes-
 sional 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  rela-
 tives 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  institution  to
 which  the inmate was legally confined, that the charges for such accom-
 modations, 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. IF THE MOTHER IS AN  INMATE
 AT A STATE CORRECTIONAL FACILITY, THE DEPARTMENT SHALL INFORM HER OF HER
 ABILITY TO APPLY TO ANY NURSERY PROGRAM RUN BY THE DEPARTMENT. The offi-
 cer  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  father  or

 A. 118                              3
 
 other  relatives,  who  shall  thereafter maintain the same at their own
 expense. If it shall appear that such  father  or  other  relatives  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.  THE CHIEF MEDICAL OFFICER OF EACH  CORRECTIONAL  FACILITY  HOUSING
 FEMALE  INMATES  OR HIS OR HER DESIGNEE SHALL INFORM ANY INMATE KNOWN TO
 BE PREGNANT OF HER  OPTION  OF  PARTICIPATING  IN  PREGNANCY  COUNSELING
 SERVICES AND OF HER RIGHT TO ABORTION SERVICES.
   §  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 FOR
 FEMALE  INMATES,  the  administration  of  medications or nutrition, the
 extraction of bodily fluids for analysis, and dental care performed with
 a local anesthetic. Routine mental health treatment  shall  not  include
 psychiatric administration of medication 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 FOR
 FEMALE INMATES, the administration  of  medications  or  nutrition,  the
 extraction of bodily fluids for analysis, and dental care performed with
 a  local  anesthetic.  Routine mental health treatment shall not include
 psychiatric administration of medication unless it is part of an ongoing
 mental health plan or unless it is otherwise authorized by law.
   § 6. The correction law is amended by adding a new  section  140-a  to
 read as follows:
   § 140-A. PRENATAL CARE.  IF A PREGNANT WOMAN IS CONFINED TO A STATE OR
 LOCAL CORRECTIONAL FACILITY, SHE SHALL BE GIVEN PRENATAL CARE COMPARABLE
 TO  SUCH  CARE  AVAILABLE  TO  WOMEN  IN  THE COMMUNITY. SUCH CARE SHALL

 A. 118                              4
 
 INCLUDE REGULAR CHECK-UPS THROUGHOUT THE COURSE  OF  HER  PREGNANCY  AND
 EDUCATION  ON  HEALTHY LIFESTYLE CHOICES OF BENEFIT TO THE WOMAN AND HER
 CHILD. PREGNANT WOMEN CONFINED TO SUCH FACILITIES SHALL  ALSO  BE  GIVEN
 PRENATAL  VITAMINS  AND  A  SPECIALIZED  DIET  TAILORED TO PROVIDE THEIR
 NUTRITIONAL NEEDS DURING PREGNANCY.
   § 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 and community supervision 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.