Senate Bill S3174

2023-2024 Legislative Session

Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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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2023-S3174 (ACTIVE) - Details

See Assembly Version of this Bill:
A1846
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §72-d, amd §73, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S8347, A8333

2023-S3174 (ACTIVE) - Summary

Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.

2023-S3174 (ACTIVE) - Sponsor Memo

2023-S3174 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3174
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04540-01-3
 S. 3174                             2
              

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