Senate Bill S399A

Signed By Governor
2021-2022 Legislative Session

Provides additional rights to pregnant inmates

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2021-S399 - Details

See Assembly Version of this Bill:
A616
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S7868, A9965

2021-S399 - Summary

Allows pregnant inmates to have one support person in the delivery room; requires information on the nursery program, pregnancy counseling and abortion services.

2021-S399 - Sponsor Memo

2021-S399 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, HOYLMAN -- 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
              

co-Sponsors

2021-S399A (ACTIVE) - Details

See Assembly Version of this Bill:
A616
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S7868, A9965

2021-S399A (ACTIVE) - Summary

Allows pregnant inmates to have one support person in the delivery room; requires information on the nursery program, pregnancy counseling and abortion services.

2021-S399A (ACTIVE) - Sponsor Memo

2021-S399A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--A
     Cal. No. 930
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  HOYLMAN, JACKSON, MYRIE, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Women's Issues -- reported favorably from said committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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-
 
              

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