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
              

 
   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
 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.