S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7868
 
                             I N  S E N A T E
 
                             February 27, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the correction law, in relation to the rights  of  preg-
   nant inmates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15381-01-0

 S. 7868                             2
 
 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
 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment  and/or repeal of any rules or regulations necessary for the imple-
 mentation of this act on its effective date are authorized to be made by
 the department of corrections and community supervision in  consultation
 with the department of health on or before such effective date.