S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  616--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, LUPARDO, SEAWRIGHT, OTIS, JACKSON,
   GONZALEZ-ROJAS, KELLES -- read once and referred to the  Committee  on
   Correction -- reported and referred to the Committee on Rules -- Rules
   Committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to the Committee on Rules
 
 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  AT  LEAST
 ONE  SUPPORT  PERSON  OF HER CHOOSING ACCOMPANY HER IN THE DELIVERY ROOM
 AND WHEN SUCH WOMAN IS IN LABOR AND RECOVERING  AFTER  GIVING  BIRTH.  A
 SUPPORT PERSON SHALL NOT NEED TO HAVE VISITED THE WOMAN AT A CORRECTION-
 AL  FACILITY  PRIOR  TO SERVING AS A SUPPORT PERSON. A PERSON MAY NOT BE
 DENIED ELIGIBILITY TO SERVE AS A SUPPORT PERSON SOLELY ON THE BASIS OF A
 PAST CRIMINAL CONVICTION OR THAT SUCH PERSON  IS  ON  PROBATION,  CONDI-
 TIONAL  RELEASE,  PAROLE OR POST RELEASE SUPERVISION. ANY DECISION BY AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00317-08-1

 A. 616--A                           2
 
 AGENCY TO DENY A WOMAN'S REQUEST TO HAVE A SPECIFIC PERSON  SERVE  AS  A
 SUPPORT  PERSON  SHALL  BE MADE WITH REASONS SPECIFIED IN WRITING WITHIN
 FIVE DAYS OF HER REQUEST AND PROMPTLY PROVIDED TO THE WOMAN.  A  SUPPORT
 PERSON  SHALL  BE NOTIFIED IMMEDIATELY AFTER SUCH WOMAN GOES INTO LABOR,
 OR IMMEDIATELY AFTER A CAESAREAN SECTION OR TERMINATION IS SCHEDULED. IF
 AVAILABLE, A DOULA, MIDWIFE OR OTHER  BIRTHING  SUPPORT  SPECIALIST  MAY
 ALSO  ASSIST  DURING  LABOR  AND  DELIVERY  IN  ADDITION TO AT LEAST ONE
 SUPPORT PERSON OF THE WOMAN'S CHOOSING. ANY WOMAN CONFINED IN A STATE OR
 LOCAL CORRECTIONAL  FACILITY  SHALL  RECEIVE  NOTICE  IN  WRITING  IN  A
 LANGUAGE AND MANNER UNDERSTANDABLE TO HER ABOUT THE REQUIREMENTS OF THIS
 SECTION  UPON HER ADMISSION TO SUCH STATE OR LOCAL CORRECTIONAL FACILITY
 AND AGAIN WHEN SHE IS KNOWN TO BE PREGNANT.  THE SUPERINTENDENT OR SHER-
 IFF SHALL PUBLISH NOTICE OF THE REQUIREMENTS OF THIS SECTION  IN  PROMI-
 NENT  LOCATIONS  WHERE  MEDICAL  CARE IS PROVIDED. 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  deter-
 mined  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.  IF  A  PREGNANT  WOMAN  OR
 MOTHER  OF A CHILD UNDER THE AGE OF EIGHTEEN MONTHS IS INCARCERATED AT A
 STATE OR LOCAL CORRECTIONAL FACILITY, THE DEPARTMENT SHALL INFORM HER OF
 HER ABILITY TO APPLY TO ANY NURSERY PROGRAM RUN BY  THE  DEPARTMENT  AND
 THE LOCALITY. ANY WOMAN CONFINED IN A STATE OR LOCAL CORRECTIONAL FACIL-
 ITY SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER UNDERSTAND-
 ABLE TO HER ABOUT THE REQUIREMENTS OF THIS SECTION UPON HER ADMISSION TO
 A STATE OR LOCAL CORRECTIONAL FACILITY AND AGAIN WHEN SHE IS KNOWN TO BE
 PREGNANT.  THE  SUPERINTENDENT  OR  SHERIFF  SHALL PUBLISH NOTICE OF THE

 A. 616--A                           3
 
 REQUIREMENTS OF THIS SECTION IN PROMINENT LOCATIONS WHERE  MEDICAL  CARE
 IS PROVIDED. 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 OR SHE 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 OR SHE 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.  UPON  ADMITTING  A WOMAN KNOWN TO BE PREGNANT, OR UPON LEARNING OF
 PREGNANCY STATUS, THE CHIEF MEDICAL OFFICER OF EACH CORRECTIONAL FACILI-
 TY HOUSING FEMALE INMATES, INCLUDING THE MEDICAL PROFESSIONAL  RESPONSI-
 BLE FOR EACH LOCAL CORRECTIONAL FACILITY HOUSING FEMALE INMATES, OR SUCH
 OFFICER  OR PROFESSIONAL'S DESIGNEE, SHALL IMMEDIATELY INFORM SUCH WOMAN
 OF THE OPTION OF PARTICIPATING IN PREGNANCY COUNSELING SERVICES AND  THE
 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.