S T A T E O F N E W Y O R K
________________________________________________________________________
7630--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 25, 2023
___________
Introduced by M. of A. KELLES, GONZALEZ-ROJAS, SOLAGES, DICKENS, SIMON,
CLARK, LEVENBERG, COLTON, BURDICK, REYES, GALLAGHER, BURGOS, SHRESTHA,
EPSTEIN, CRUZ, FORREST, MAMDANI, McMAHON, WALLACE, LUNSFORD, WALKER,
DARLING, CUNNINGHAM, SEAWRIGHT, TAYLOR, SHIMSKY, AUBRY,
BICHOTTE HERMELYN, WEPRIN, GIBBS, JEAN-PIERRE, HEVESI, SEPTIMO, TAPIA,
RAGA, BORES, DAVILA -- read once and referred to the Committee on
Correction -- recommitted to the Committee on Correction in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to promoting the health,
safety, and human rights of incarcerated pregnant individuals, incar-
cerated birthing parents of children and their children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative purpose and findings. People incarcerated in
institutions or local correctional facilities face unique health risks
during pregnancy, childbirth, postpartum, and early childcare. Lack of
appropriate prenatal, obstetric, and postpartum medical care, and appro-
priate health and safety measures, can result in serious harm to these
incarcerated people and their children. Pregnant and postpartum people
who are incarcerated and such person's young children need prenatal,
obstetric, and pediatric care, as well as developmentally-appropriate
resources provided in a safe, healthy, and nurturing environment. Unless
comprehensive and compassionate laws, policies, and practices are in
place, the rights and care of pregnant and postpartum people who are
incarcerated and such person's young children may be compromised by the
conditions of confinement in correctional institutions or facilities.
§ 2. The section heading of section 611 of the correction law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11258-06-4
A. 7630--A 2
[Births to incarcerated individuals of correctional institutions and
care of children of incarcerated individuals of correctional insti-
tutions] RIGHTS AND CARE OF PREGNANT AND POSTPARTUM PEOPLE WHO ARE
INCARCERATED AND SUCH PERSONS' CHILDREN.
§ 3. Subdivisions 2, 3 and 4 of section 611 of the correction law,
subdivision 2 as separately amended by chapters 322 and 621 of the laws
of 2021, subdivision 3 as amended by chapter 242 of the laws of 1930,
and subdivision 4 as amended by chapter 486 of the laws of 2022, are
amended and a new subdivision 7 is added to read as follows:
2. PREGNANT AND POSTPARTUM PEOPLE WHO ARE INCARCERATED SHALL BE
PROVIDED WITH COMPREHENSIVE PRENATAL AND PERINATAL CARE, INCLUDING ALL
NECESSARY PRENATAL SCREENING AND DIAGNOSTIC TESTS, CONSULTATION AND
TREATMENT, INCLUDING TREATMENT BY SPECIALISTS, AND APPROPRIATE MEDICAL
CARE AFTER DELIVERY OR OTHER PREGNANCY OUTCOME, INCLUDING POSTPARTUM
PHYSICAL, MENTAL, AND REPRODUCTIVE HEALTH CARE, AS RECOMMENDED BY THE
AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. THE COMMISSIONER
MAY ESTABLISH RULES AND REGULATIONS RELATING TO CONDITIONS IN THE INSTI-
TUTION OR LOCAL CORRECTIONAL FACILITY, TREATMENT AND CARE THAT SHALL
INCLUDE, BUT IS NOT LIMITED TO:
(A) REGULARLY SCHEDULED OBSTETRIC CARE, BEGINNING IN EARLY PREGNANCY
AND CONTINUING THROUGH THE POSTPARTUM PERIOD. NO CORRECTION STAFF OR
VOLUNTEERS SHALL BE PRESENT DURING THESE EXAMINATIONS UNLESS REQUESTED
BY THE PREGNANT OR POSTPARTUM PERSON OR BY THE MEDICAL STAFF WHEN THE
SITUATION POSES A CLEAR RISK OF DANGER TO THE MEDICAL STAFF OR OTHERS;
(B) MEDICAL CARE DURING LABOR AND DELIVERY, WHICH SHALL INCLUDE CARE
BY QUALIFIED MEDICAL PERSONNEL AND NECESSARY MEDICAL EQUIPMENT, INCLUD-
ING FULL ACCESS TO PAIN MANAGEMENT MEDICATIONS WHEN SAFE;
(C) SCREENING FOR AND EVIDENCE-BASED TREATMENT AND MEDICATION FOR
OPIOID USE DISORDER, SMOKING CESSATION, ALCOHOL USE DISORDER AND OTHER
SUBSTANCE USE DISORDERS AS NEEDED WITH PRIOR WRITTEN AND ORAL INFORMED
CONSENT SPECIFIC TO THE TEST;
(D) SCREENING FOR HIV, HEPATITIS B, SYPHILIS, CHLAMYDIAL INFECTION,
AND NEISSERIA GONORRHEAE, AS RECOMMENDED BY THE AMERICAN ACADEMY OF
PEDIATRICS AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
(E) COUNSELLING ACCESS TO INFLUENZA AND TDAP VACCINES;
(F) SCREENING FOR MENTAL HEALTH CONCERNS AND PSYCHOLOGICAL AND PSYCHI-
ATRIC THERAPY AND TREATMENT AS NEEDED, INCLUDING CONSULTATION REGARDING
PSYCHIATRIC MEDICATIONS AND PROVISION TO PSYCHIATRIC MEDICATIONS THAT
ARE SAFE DURING PREGNANCY;
(G) APPROPRIATE HYDRATION AND NUTRITION. SUCH HYDRATION AND NUTRITION
SHALL INCLUDE THE PROVISION OF ADDITIONAL PORTIONS OF FOOD, FRESH
FRUITS, VEGETABLES, AND VITAMINS IN ORDER TO SAFELY DELIVER A CHILD AND
BREAST FEED THEM;
(H) SAFE AND APPROPRIATE HOUSING AND LIVING CONDITIONS, INCLUDING
ADEQUATE BEDDING, CLOTHING, AND PERSONAL HYGIENE AND SELF-CARE SUPPLIES;
(I) PRIVACY WITH REGARD TO THE CARE OF PREGNANCY- AND POSTPARTUM-RE-
LATED CONDITIONS;
(J) REGULAR ACCESS TO SAFE AND APPROPRIATE EXERCISE FACILITIES;
(K) PREVENTION FROM EXPOSURE TO SUBSTANCES OR CHEMICALS THAT COULD
PRESENT A RISK OF HARM TO THEMSELVES OR SUCH PERSON'S FETUS;
(L) REASONABLE ACCOMMODATIONS FOR SLEEP, REST, AND WORK REQUIREMENTS;
(M) FREEDOM FROM DISCRIMINATION WITH RESPECT TO ACCESS TO SERVICES,
EDUCATION OR PROGRAMMING, INCLUDING PROGRAMMING RELATED TO EARLY RELEASE
OR SENTENCE-SHORTENING OPTIONS; AND
(N) TELEPHONIC, VIDEO, OR IN-PERSON CONSULTATIONS WITH LEGAL COUNSEL
OF THEIR CHOICE REGARDING THEIR DECISIONS AND APPROPRIATE PEER AND
A. 7630--A 3
SOCIAL SUPPORT OF OTHER INCARCERATED PARENTS, WHETHER IN PERSON, ONLINE
OR VIA VIDEOCONFERENCE. SUCH POSTPARTUM PEOPLE SHALL ALSO HAVE ACCESS TO
REASONABLE TECHNOLOGY TO TAKE AND SHARE PHOTOS OF SUCH PERSON'S CHILD.
3. A child [so] born [may] TO A PERSON WHO IS INCARCERATED SHALL be
returned with its [mother] BIRTHING PARENT to the [correctional] insti-
tution [in which the mother is confined] OR LOCAL CORRECTIONAL FACILITY
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] OR LOCAL CORRECTIONAL FACILITY DEMONSTRATES A FINDING BY CLEAR
AND CONVINCING EVIDENCE THAT SUCH PERSON POSES AN IMMINENT RISK TO THE
HEALTH AND SAFETY OF THE CHILD. A child [may] SHALL HAVE THE RIGHT TO
remain in the [correctional] institution OR LOCAL CORRECTIONAL FACILITY
with its [mother for such period as seems desirable 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] BIRTHING
PARENT UNTIL the child is eighteen months old, HOWEVER, IF THE BIRTHING
PARENT IS TO BE PAROLED BY THE TIME THE CHILD BECOMES TWENTY-FOUR MONTHS
OF AGE, SUCH CHILD MAY REMAIN AT THE INSTITUTION OR LOCAL CORRECTIONAL
FACILITY UNTIL THE BIRTHING PARENT IS PAROLED. If a pregnant [woman or
mother] PERSON OR POSTPARTUM PARENT of a child under the age of eighteen
months is incarcerated at [a state] AN INSTITUTION or local correctional
facility, the department shall inform [her] SUCH PERSON of [her] THEIR
ability to apply to any nursery program run by the department and the
locality. Any [woman] PERSON confined in [a state] AN INSTITUTION or
local correctional facility shall receive notice in writing in a
language and manner understandable to [her] THEM about the requirements
of this section upon [her] THEIR admission to [a state] AN INSTITUTION
or local correctional facility and again when [she is] THEY ARE known to
be pregnant. The superintendent or sheriff shall publish notice of the
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 institu-
tion 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 incarcerated individual who is not
returned to the institution with its mother as hereinafter provided. He
or she] NO CHILD SHALL BE REMOVED FROM THE NURSERY WITHOUT THE EXPRESS
ORAL AND WRITTEN CONSENT OF THE BIRTHING PARENT OR A FINDING, BY CLEAR
AND CONVINCING EVIDENCE, THAT SUCH PERSON POSES AN IMMINENT RISK TO THE
HEALTH AND SAFETY OF THE CHILD AND THAT THIS RISK CANNOT BE MITIGATED
THROUGH REASONABLE EFFORTS ON BEHALF OF THE INSTITUTION OR LOCAL CORREC-
TIONAL FACILITY. THE RIGHT TO COUNSEL AND DUE PROCESS SHALL BE AFFORDED
TO THE INCARCERATED PERSON AS WELL AS TO THE CHILD PRIOR TO, OR SHORTLY
AFTER, SUCH REMOVAL AND IF THE FINDING ABOVE IS NOT SUSTAINED, THE CHILD
SHALL BE IMMEDIATELY RETURNED TO THE CARE AND CUSTODY OF THE PERSON WHO
IS INCARCERATED. THE OFFICER IN CHARGE OF AN INSTITUTION OR LOCAL
CORRECTIONAL FACILITY may, upon proof being furnished by the [father]
NON-BIRTHING PARENT or other relatives of [their] SUCH RELATIVES' abili-
ty to properly care for and maintain such child, AND WITH THE EXPRESS
WRITTEN AND ORAL CONSENT OF THE PERSON WHO IS INCARCERATED AND WHO GAVE
BIRTH TO THE CHILD WITHIN THE PREVIOUS EIGHTEEN MONTHS, give the child
into the care and custody of such [father] NON-BIRTHING PARENT or other
relatives, who shall thereafter maintain the same at their own expense.
A. 7630--A 4
If it shall appear that such [father] NON-BIRTHING PARENT or other rela-
tives 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
incarcerated individual 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] BIRTHING PARENT 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. IF IT IS FOUND THAT THE NON-BIRTHING PARENT OR RELA-
TIVES ARE NOT A SUITABLE PLACEMENT AND THE COMMISSIONER OF PUBLIC
WELFARE DOES NOT HAVE PLACEMENT FOR THE CHILD THEN THE CHILD MAY REMAIN
IN THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY UNTIL THE CHILD IS
THIRTY MONTHS OLD.
[3.] 4. (A) If any [woman] PERSON, committed to any such [correction-
al] institution OR LOCAL CORRECTIONAL FACILITY at the time of such
commitment is the [mother] POSTPARTUM PERSON of a [nursing] child in
[her] SUCH PERSON'S care under [one year] EIGHTEEN MONTHS of age, such
child may accompany [her] SUCH PERSON to such institution if [she] SUCH
PERSON is physically fit to have the care of such child, subject to the
provisions of subdivision [two] THREE of this section. If any [woman]
PERSON committed to any such institution at the time of such commitment
is the [mother] BIRTHING PARENT of, and has under [her] THEIR exclusive
care, a child more than [one year] EIGHTEEN MONTHS of age the justice or
magistrate committing such [woman] PERSON shall refer such child to 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 the [woman] PERSON is committed to be cared for as
provided by law in the case of a child becoming dependent upon the coun-
ty, UNLESS IT IS FOUND THAT THE NON-BIRTHING PARENT OR RELATIVES ARE NOT
A SUITABLE PLACEMENT AND THE COMMISSIONER OF PUBLIC WELFARE DOES NOT
HAVE PLACEMENT FOR THE CHILD IN WHICH CASE THE CHILD MAY REMAIN IN THE
INSTITUTION OR LOCAL CORRECTIONAL FACILITY UNTIL THE CHILD IS THIRTY
MONTHS OLD. NO CHILD SHALL BE REMOVED FROM THE NURSERY WITHOUT THE
EXPRESS ORAL AND WRITTEN CONSENT OF THE PERSON WHO GAVE BIRTH OR A FIND-
ING, BY CLEAR AND CONVINCING EVIDENCE, THAT SUCH PERSON POSES AN IMMI-
NENT RISK TO THE HEALTH AND SAFETY OF THE CHILD AND THAT THIS RISK
CANNOT BE MITIGATED THROUGH REASONABLE EFFORTS ON BEHALF OF THE CORREC-
TIONAL INSTITUTION OR FACILITY. THE RIGHT TO COUNSEL AND DUE PROCESS
SHALL BE AFFORDED TO THE INCARCERATED PERSON AS WELL AS TO THE CHILD
PRIOR TO, OR SHORTLY AFTER, SUCH REMOVAL AND IF THE FINDING ABOVE IS NOT
SUSTAINED, THE CHILD SHALL BE IMMEDIATELY RETURNED TO THE CARE AND
CUSTODY OF THE PERSON WHO IS INCARCERATED. THE OFFICER IN CHARGE OF AN
INSTITUTION OR LOCAL CORRECTIONAL FACILITY MAY, UPON PROOF BEING
FURNISHED BY THE NON-BIRTHING OTHER PARENT OR OTHER RELATIVES OF SUCH
PARENT OR OTHER RELATIVES' ABILITY TO PROPERLY CARE FOR AND MAINTAIN
SUCH CHILD, AND WITH THE EXPRESS WRITTEN AND ORAL CONSENT OF THE PERSON
WHO IS INCARCERATED AND WHO GAVE BIRTH TO THE CHILD WITHIN THE PREVIOUS
EIGHTEEN MONTHS, GIVE THE CHILD INTO THE CARE AND CUSTODY OF SUCH NON-
BIRTHING PARENT OR OTHER RELATIVES, WHO SHALL THEREAFTER MAINTAIN THE
SAME AT SUCH NON-BIRTH PARENT OR OTHER RELATIVES, WHO SHALL THEREAFTER
MAINTAIN THE SAME AT SUCH NON-BIRTH PARENT OR OTHER RELATIVES' OWN
EXPENSE.
A. 7630--A 5
(B) SEPARATION OR THE THREAT OF SEPARATION OF AN INCARCERATED PERSON
WHO IS CARING FOR SUCH PERSON'S CHILD UNDER THE AGE OF EIGHTEEN MONTHS
IN THE NURSERY OF THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL
NEVER BE USED AS A DISCIPLINARY TOOL OR SANCTION.
(C) NO PERSON SHALL CARE FOR THE CHILD WITHOUT THE EXPRESS PERMISSION
OF THE PERSON WHO IS INCARCERATED AND WHO GAVE BIRTH TO THE CHILD.
(D) PEOPLE WHO ARE INCARCERATED AND WHO ARE CARING FOR SUCH PERSON'S
CHILD IN THE NURSERY WHILE INCARCERATED SHALL HAVE QUIET AND PRIVATE
SLEEPING SPACES UNTIL SUCH PERSON'S CHILD IS WEANED OR SUCH CHILD
CONSISTENTLY SLEEPS THROUGH THE NIGHT, WHICHEVER OCCURS LATER.
(E) PEOPLE WHO ARE INCARCERATED AND WHO HAVE GIVEN BIRTH AND WHO ARE
CARING FOR SUCH PERSON'S CHILD IN THE NURSERY OF THE INSTITUTION OR
LOCAL CORRECTIONAL FACILITY SHALL HAVE TIMELY CONSULTATIONS WITH PEDIA-
TRICIANS, INCLUDING IN-PERSON CONSULTATIONS.
(F) PEOPLE WHO ARE INCARCERATED AND WHO HAVE GIVEN BIRTH AND WHO ARE
CARING FOR SUCH PERSON'S CHILD IN THE NURSERY OF THE INSTITUTION OR
LOCAL CORRECTIONAL FACILITY SHALL BE PROVIDED WITH APPROPRIATE OVER-THE-
COUNTER MEDICATIONS FOR SUCH PERSON'S CHILD, REGARDLESS OF WHETHER THE
BIRTHING PARENT HAS CONSULTED WITH A PEDIATRICIAN.
(G) PEOPLE WHO ARE INCARCERATED AND WHO HAVE GIVEN BIRTH WITHIN THE
PREVIOUS EIGHTEEN MONTHS SHALL BE PROVIDED WITH COUNSELING REGARDING ALL
OPTIONS OPEN TO THEM, INCLUDING ALL RIGHTS UNDER THIS LAW TO POSTPARTUM
CARE, TO MAINTAIN THE CARE AND CUSTODY OF SUCH PERSON'S CHILD WHILE
INCARCERATED, ALL RIGHTS OF SUCH CHILD TO RECEIVE PEDIATRIC CARE AND A
SAFE, NURTURING AND DEVELOPMENTALLY APPROPRIATE ENVIRONMENT, AND ALTER-
NATIVE CARE ARRANGEMENTS FOR SUCH PERSON'S CHILD.
(H) UNDER NO CIRCUMSTANCES SHALL A PERSON WHO HAS GIVEN BIRTH WITHIN
THE PRIOR EIGHTEEN MONTHS AND WHO IS CARING FOR SUCH PERSON'S CHILD
WHILE INCARCERATED BE SUBJECTED TO ISOLATION OR SEGREGATED CONFINEMENT,
WITH OR WITHOUT SUCH PERSON'S CHILD.
[4.] 5. CHILDREN BORN TO PEOPLE WHO ARE INCARCERATED AND WHO ARE CARED
FOR IN THE NURSERY OF THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY
SHALL HAVE THE RIGHT TO THE FOLLOWING:
(A) TIMELY AND APPROPRIATE PEDIATRIC CARE, INCLUDING ALL NECESSARY
MEDICAL AND DEVELOPMENTAL TESTING, AS RECOMMENDED BY THE AMERICAN ACADE-
MY OF PEDIATRICS;
(B) EARLY INTERVENTION OR OTHER SPECIAL MEDICAL, DEVELOPMENTAL OR
EDUCATIONAL SERVICES WHEN NEEDED, VIA EXPERTS WITHIN OR OUTSIDE THE
FACILITY;
(C) A CLEAN, SAFE AND NURTURING ENVIRONMENT FOR CHILDREN, WHICH
INCLUDES SAFE AND APPROPRIATE SLEEPING ARRANGEMENTS THAT REDUCE THE RISK
OF SUDDEN INFANT DEATH SYNDROME, SAFE AND APPROPRIATE PLAYING, EATING,
AND BATHING SPACES, ADEQUATE HYGIENE AND PERSONAL CARE SUPPLIES,
ADEQUATE OVER-THE-COUNTER MEDICATION FOR COMMON CONDITIONS SUCH AS
COLDS, TEETHING PAIN, AND DIAPER RASH, AND DAILY ACCESS TO NATURAL
LIGHT, QUIET, AND MUSIC;
(D) FULL OPPORTUNITY TO BOND WITH SUCH CHILD'S BIRTHING PARENTS,
INCLUDING CONSISTENT AND EXTENSIVE PHYSICAL SKIN-TO-SKIN CONTACT FROM
THE MOMENT OF BIRTH;
(E) HEALTHY NUTRITION, INCLUDING, BREASTFEEDING OR BREAST MILK THAT
HAS BEEN PUMPED, STORED AND WARMED, IF SUCH INCARCERATED PERSON WHO GAVE
BIRTH SO CHOOSES;
(F) SAFE AND APPROPRIATE CLOTHING AND AGE-APPROPRIATE TOYS AND BOOKS;
(G) A SAFE PLACE SEPARATED FROM THE GENERAL INCARCERATED POPULATION;
(H) REASONABLE VISITING HOURS FROM FAMILY AND FRIENDS, SUBJECT TO THE
CONSENT OF SUCH PERSON WHO GAVE BIRTH; AND
A. 7630--A 6
(I) TIME OUTDOORS.
6. Upon admitting a [woman] PERSON known to be pregnant, or upon
learning of pregnancy status, the chief medical officer of each INSTITU-
TION OR LOCAL correctional facility housing [female] PREGNANT OR POST-
PARTUM incarcerated individuals, including the medical professional
responsible for each local correctional facility housing [female] PREG-
NANT OR POSTPARTUM incarcerated individuals, or such officer or profes-
sional's designee, shall immediately inform such [woman] PERSON of the
option of participating in pregnancy counseling services and the right
to abortion services.
7. ENFORCEMENT. (A) THE DEPARTMENT OR THE COMMISSION SHALL ISSUE
UNIFORM MINIMUM STANDARDS REGARDING PROCEDURES AND THE IMPLEMENTATION OF
THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS
SECTION.
(B) IF AN INDIVIDUAL WHO IS INCARCERATED CLAIMS THAT EITHER THEY OR
THE CHILD IN THEIR CARE HAVE SUFFERED AS A RESULT OF CONDUCT PROHIBITED
UNDER THIS SECTION OR HAVE BEEN DENIED THE RIGHTS PROVIDED IN THIS
SECTION, THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE BY A
PROCEEDING BROUGHT PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES.
§ 4. Subdivision 33 of section 2 of the correction law, as added by
chapter 93 of the laws of 2021, is amended to read as follows:
33. "Special populations" means any person: (a) twenty-one years of
age or younger; (b) fifty-five years of age or older; (c) with a disa-
bility as defined in paragraph (a) of subdivision twenty-one of section
two hundred ninety-two of the executive law; or (d) who is pregnant, in
the first [eight weeks] THREE MONTHS of the post-partum recovery period
after giving birth, or caring for a child in a correctional institution
pursuant to [subdivisions two or three of] section six hundred eleven of
this chapter.
§ 5. This act shall take effect immediately.