Senate Bill S7131A

2023-2024 Legislative Session

Requires the conditional release of pregnant and postpartum individuals from incarceration

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2023-S7131 - Details

See Assembly Version of this Bill:
A7585
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

2023-S7131 - Summary

Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

2023-S7131 - Sponsor Memo

2023-S7131 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7131
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 requiring conditional
   release  of  pregnant  and  postpartum individuals and prohibiting the
   incarceration of pregnant and postpartum individuals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 611 of the correction law is amended by adding two
 new subdivisions 5 and 6 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
 RY:
   (A) IN THE FURTHERANCE OF PUBLIC INTEREST AND THE WELFARE OF CHILDREN,
 THE COMMISSIONER SHALL RELEASE:
   I.  FOR UP TO ONE YEAR POSTPARTUM, AN INDIVIDUAL WHO GAVE BIRTH WITHIN
 NINE MONTHS OF THE DATE OF COMMITMENT; AND
   II. FOR THE DURATION OF THE PREGNANCY AND UP TO ONE  YEAR  POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   (B) THE COMMISSIONER SHALL CONDITIONALLY RELEASE AN INCARCERATED INDI-
 VIDUAL  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO COMMUNITY-BASED
 PROGRAMMING FOR THE PURPOSE OF PARTICIPATION IN  PRENATAL  OR  POSTNATAL
 CARE  PROGRAMMING  AND TO PROMOTE BIRTHING PARENT-CHILD BONDING IN ADDI-
 TION TO OTHER PROGRAMMING REQUIREMENTS AS ESTABLISHED BY THE COMMISSION-
 ER, INCLUDING: EVIDENCE-BASED PARENTING SKILLS PROGRAMMING;  WORKING  AT
 PAID  EMPLOYMENT;  SEEKING  EMPLOYMENT;  OR  PARTICIPATING IN VOCATIONAL
 TRAINING, AN EDUCATIONAL PROGRAM, DOMESTIC VIOLENCE  RECOVERY  SERVICES,
 OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT SERVICES.
   (C) THE DEPARTMENT SHALL DEVELOP POLICY AND CRITERIA TO IMPLEMENT THIS
 SUBDIVISION.
   (D)  BY APRIL FIRST OF EACH YEAR, THE COMMISSIONER SHALL REPORT TO THE
 CHAIRS AND RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE SENATE  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11255-01-3
              

2023-S7131A (ACTIVE) - Details

See Assembly Version of this Bill:
A7585
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

2023-S7131A (ACTIVE) - Summary

Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

2023-S7131A (ACTIVE) - Sponsor Memo

2023-S7131A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7131--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law, in relation to requiring conditional
   release  of  pregnant  and  postpartum individuals and prohibiting the
   incarceration of pregnant and postpartum individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 611 of the correction law is amended by adding two
 new subdivisions 5 and 6 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
 RY:
   (A) IN THE FURTHERANCE OF PUBLIC INTEREST AND THE WELFARE OF CHILDREN,
 THE COMMISSIONER SHALL RELEASE:
   I.  FOR UP TO ONE YEAR POSTPARTUM, AN INDIVIDUAL WHO GAVE BIRTH WITHIN
 NINE MONTHS OF THE DATE OF COMMITMENT; AND
   II. FOR THE DURATION OF THE PREGNANCY AND UP TO ONE  YEAR  POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   (B) THE COMMISSIONER SHALL CONDITIONALLY RELEASE AN INCARCERATED INDI-
 VIDUAL  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO COMMUNITY-BASED
 PROGRAMMING FOR THE PURPOSE OF PARTICIPATION IN  PRENATAL  OR  POSTNATAL
 CARE  PROGRAMMING  AND TO PROMOTE BIRTHING PARENT-CHILD BONDING IN ADDI-
 TION TO OTHER PROGRAMMING REQUIREMENTS AS ESTABLISHED BY THE COMMISSION-
 ER, INCLUDING: EVIDENCE-BASED PARENTING SKILLS PROGRAMMING;  WORKING  AT
 PAID  EMPLOYMENT;  SEEKING  EMPLOYMENT;  OR  PARTICIPATING IN VOCATIONAL
 TRAINING, AN EDUCATIONAL PROGRAM, DOMESTIC VIOLENCE  RECOVERY  SERVICES,
 OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT SERVICES.
   (C) THE DEPARTMENT SHALL DEVELOP POLICY AND CRITERIA TO IMPLEMENT THIS
 SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11255-03-3
 S. 7131--A                          2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.