S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8333
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction  law,  in  relation  to  authorizing  the
   transfer  of pregnant and postpartum incarcerated individuals to resi-
   dential treatment facilities
 
   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 72-d
 to read as follows:
   §  72-D.  PREGNANT  AND  POSTPARTUM  INCARCERATED  INDIVIDUALS. 1. THE
 COMMISSIONER MAY AUTHORIZE  THE  TRANSFER  TO  A  RESIDENTIAL  TREATMENT
 FACILITY ESTABLISHED UNDER SECTION SEVENTY-THREE OF THIS ARTICLE:
   (A)  FOR  UP TO ONE YEAR OF POSTPARTUM, AN INCARCERATED INDIVIDUAL WHO
 GAVE BIRTH WITHIN EIGHT MONTHS OF THE DATE OF COMMITMENT  TO  A  CORREC-
 TIONAL FACILITY; AND
   (B)  FOR  THE DURATION OF THE PREGNANCY AND UP TO ONE YEAR POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   2. THE COMMISSIONER MAY CONDITIONALLY TRANSFER AN  INCARCERATED  INDI-
 VIDUAL  UNDER SUBDIVISION ONE OF THIS SECTION TO A RESIDENTIAL TREATMENT
 FACILITY FOR THE PURPOSE OF PARTICIPATION IN PRENATAL OR POSTNATAL  CARE
 PROGRAMMING  AND  TO  PROMOTE  MOTHER-CHILD BONDING IN ADDITION TO OTHER
 PROGRAMMING AS ESTABLISHED BY THE COMMISSIONER, INCLUDING BUT NOT LIMIT-
 ED TO EVIDENCE-BASED  PARENTING  SKILLS  PROGRAMMING;  WORKING  AT  PAID
 EMPLOYMENT; SEEKING EMPLOYMENT; OR PARTICIPATING IN VOCATIONAL TRAINING,
 AN  EDUCATION PROGRAM, OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT
 SERVICES.
   3. THE COMMISSIONER SHALL DEVELOP POLICY AND CRITERIA  AND  PROMULGATE
 ANY RULES AND/OR REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION ACCORD-
 ING TO PUBLIC SAFETY AND GENERALLY ACCEPTED CORRECTIONAL PRACTICE.
   4.  ON  OR BEFORE THE FIRST OF APRIL EACH YEAR, THE COMMISSIONER SHALL
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13034-01-1
              

 A. 8333                             2
 
 ASSEMBLY  ON THE NUMBER OF INCARCERATED INDIVIDUALS TRANSFERRED TO RESI-
 DENTIAL TREATMENT FACILITIES PURSUANT TO THIS SECTION AND  THE  DURATION
 OF SUCH TRANSFERS FOR THE PRIOR CALENDAR YEAR.
   §  2. Subdivision 1 of section 73 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   1. The commissioner may transfer  any  incarcerated  individual  of  a
 correctional  facility  who is eligible for community supervision or who
 will become eligible for community supervision within six  months  after
 the  date  of  transfer  [or],  who has one year or less remaining to be
 served under his or her sentence, OR WHO IS  A  PREGNANT  OR  POSTPARTUM
 INCARCERATED  INDIVIDUAL  AUTHORIZED UNDER SECTION SEVENTY-TWO-D OF THIS
 ARTICLE to a residential treatment  facility  and  such  person  may  be
 allowed to go outside the facility during reasonable and necessary hours
 to  engage  in  any  activity reasonably related to his or her rehabili-
 tation and in accordance with the program established for  him  or  her.
 While outside the facility he or she shall be at all times in the custo-
 dy of the department and under its supervision.
   § 3. This act shall take effect immediately.