S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    401
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, RIVERA, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Women's
   Issues
 
 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
 242 of the laws of 1930, are amended and a new subdivision 4 is added to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00398-01-1

 S. 401                              2
 
   (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
 other relatives, who shall thereafter maintain the  same  at  their  own
 expense.  If  it  shall  appear  that such father or other relatives are

 S. 401                              3

 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
 INCLUDE  REGULAR  CHECK-UPS  THROUGHOUT  THE COURSE OF HER PREGNANCY AND
 EDUCATION ON HEALTHY LIFESTYLE CHOICES OF BENEFIT TO THE WOMAN  AND  HER

 S. 401                              4
 
 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
 section  two  of this act shall take effect on the one hundred twentieth
 day after it shall have  become  a  law;  and  provided,  further,  that
 section  six  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such effective date.