S T A T E   O F   N E W   Y O R K
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                                  7132--A
     Cal. No. 1272
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ,
   GONZALEZ,  HARCKHAM,  JACKSON,  LIU,  MYRIE, RAMOS, RIVERA, SEPULVEDA,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Crime Victims, Crime and Correction --  recom-
   mitted  to  the  Committee  on  Crime Victims, Crime and Correction in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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.
                                                            LBD11258-07-4
              

 S. 7132--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
 S. 7132--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.
 S. 7132--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.
 S. 7132--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
 S. 7132--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.