NY State Senate Bill 2023-S9816

Senate Bill S9816

2023-2024 Legislative Session

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2024	referred to crime victims, crime and correction

co-Sponsors

2023-S9816 (ACTIVE) - Details

See Assembly Version of this Bill:: A2155
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §611, Cor L; add §837-y, Exec L
Versions Introduced in 2021-2022 Legislative Session:: A8137

2023-S9816 (ACTIVE) - Summary

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

2023-S9816 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9816

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law and the executive law, in relation to
prohibiting the use of restraints on incarcerated individuals during
labor, absent extraordinary circumstances, and on pregnant persons
during a custodial interrogation

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure pregnant people are not shackled
while incarcerated or in police custody.

 
SUMMARY OF PROVISIONS:

Section one would amend the Correction Law to prohibit use of restraints
of incarcerated individuals during labor, admitted to a hospital or
medical facility for delivery, or recovering after giving birth. Addi-
tionally, it would also prohibit the use of restraints of incarcerated
individuals during transportation to receive medical care, unless

correctional personnel have determined that an emergency has arisen and
prohibit the use of force against a pregnant person except in situations
where the staff member believes that force is necessary to protect them-
selves.

Section two would amend the Executive Law to prohibit the use of
restraints on a person who is known to be pregnant, in labor or deliv-
ery, or twelve weeks post-pregnancy while in the custody of law enforce-
ment or during custodial interrogation.

Section three provides for the effective date.

 
JUSTIFICATION:

In April 2021, a woman was awarded a $750,000 settlement in court after
her wrists and ankles were shackled while she was in active labor and
under New York Police Department custody. The woman was arrested on a
misdemeanor charge at 40 weeks and two days pregnant and remained shack-
led when she began laboring shortly thereafter.

In 2009, the New York State Legislature passed a law that prohibited the
shackling of pregnant people during labor, delivery and recovery.
However, a major loophole still exists that allows for the shackling of
pregnant people when an officer, in consultation with the chief medical
officer, believes restraints are necessary to prevent injury to herself
or correction staff. This language is dangerously broad and has allowed
for pregnant people to be shackled for any movement or action, even
innocuous ones, that an officer deems "threatening."  In addition,
people continue to be shackled when they are in police custody, but not
formally incarcerated. As recognized by the American College of Obstet-
ricians and Gynecologists and the American Medical Association, no preg-
nant person should be shackled during labor, delivery or recovery, and
this legislation will close this loophole.

 
PRIOR LEGISLATIVE HISTORY:

New bill in the Senate.
Assembly:

2023-2024 (A2155); Reported out of Correction, reported to Ways & Means

2021-2022 (A8137-A): Referred to Correction

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
Immediate.

2023-S9816 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9816
 
                             I N  S E N A T E
 
                               May 31, 2024
                                ___________
 
 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 and the executive law, in relation to
   prohibiting  the  use of restraints on incarcerated individuals during
   labor, absent extraordinary circumstances,  and  on  pregnant  persons
   during a custodial interrogation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 611  of  the  correction  law,  as
 amended  by  chapter 17 of the laws of 2016, paragraph (c) as separately
 amended by chapters 322 and 621 of the laws of 2021, is amended to  read
 as follows:
   1.  (a)  If  a  [woman]  PERSON  confined  in any institution or local
 correctional facility [be] IS pregnant and about  to  give  birth  to  a
 child,  the  superintendent  or sheriff in charge of such institution or
 facility, a reasonable time before the anticipated birth of such  child,
 shall  cause  such [woman] PERSON to be removed from such institution or
 facility and provided with comfortable accommodations,  maintenance  and
 medical care elsewhere, under such supervision and safeguards to prevent
 [her] THEIR escape from custody as the superintendent or sheriff or [his
 or  her]  THEIR designee may determine.  No restraints of any kind shall
 be used during transport of such [woman] PERSON, a [woman] PERSON who is
 known to be pregnant by correctional personnel  or  personnel  providing
 medical services to the institution or local correctional facility, or a
 [woman]  PERSON  within eight weeks after delivery or pregnancy outcome,
 absent extraordinary circumstances in which[:
   i. the superintendent or sheriff or his or her designee  in  consulta-
 tion  with  the medical professional responsible for the institution has
 made an individualized determination that restraints  are  necessary  to
 prevent  such  woman  from  injuring  herself or medical or correctional
 personnel or others and cannot reasonably be restrained by other  means,
 including the use of additional personnel; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05721-03-4

 S. 9816                             2

   ii.], DURING TRANSPORT the correctional personnel directly responsible
 for  the  transport of such a [woman] PERSON determine that an emergency
 has arisen in which restraints are necessary because the [woman]  PERSON
 poses  an  immediate  risk  of  serious  injury to [herself] THEMSELF or
 medical  or  correctional  personnel  or others and cannot reasonably be
 restrained by other means.
   (b) If a determination has been made pursuant to [subparagraph i or ii
 of] paragraph (a) of this subdivision that  extraordinary  circumstances
 exist  then  restraints shall be limited to wrist restraints in front of
 the body. The superintendent or sheriff or [his or her]  THEIR  designee
 [pursuant  to  subparagraph  i  of paragraph (a) of this subdivision] or
 correctional personnel pursuant to [subparagraph ii of] paragraph (a) of
 this subdivision shall document in writing  the  facts  upon  which  the
 finding  of  extraordinary  circumstances were based within five days of
 the use  of  such  restraints  and  shall  also  document  the  type  of
 restraints used and the length of time such restraints were used.
   (c)  No  restraints of any kind shall be used when such [woman] PERSON
 is in labor, admitted to a hospital[, institution] or  [clinic]  MEDICAL
 FACILITY  for  delivery,  or  recovering  after  giving  birth. Any such
 personnel as may be necessary to supervise  the  [woman]  PERSON  during
 transport  to  and  from  and  during  [her] THEIR stay at the hospital,
 institution or clinic shall be provided to ensure adequate  care[,]  AND
 custody [and control] of the [woman, except that no] PERSON.
   (I)  NO  correctional  staff  shall  be present [in the delivery room]
 during the birth of a baby OR DURING COUNSELING AND MEDICAL CARE RELATED
 TO THE PREGNANCY AND ALL PREGNANCY OUTCOMES INCLUDING ABORTION,  MISCAR-
 RIAGE,  AND  STILLBIRTH unless requested by the medical staff [supervis-
 ing] PROVIDING such [delivery] CARE  or  by  the  [woman  giving  birth]
 PERSON RECEIVING SUCH CARE.
   (II)  The  [woman]  PERSON  shall  be  permitted  to have at least one
 support person of [her] THEIR choosing accompany [her  in  the  delivery
 room  and when such woman is in labor and recovering after giving birth]
 THEM TO A HOSPITAL OR MEDICAL FACILITY FOR LABOR, BIRTH, AND  COUNSELING
 AND MEDICAL CARE RELATED TO PREGNANCY AND ALL PREGNANCY OUTCOMES INCLUD-
 ING  ABORTION,  MISCARRIAGE  AND  STILLBIRTH  AND  SHALL BE PERMITTED TO
 REMAIN WITH SUCH SUPPORT PERSON FOR THE DURATION OF THEIR  STAY  IN  THE
 HOSPITAL  OR  MEDICAL  FACILITY  SUBJECT TO THE VISITATION RULES OF THAT
 HOSPITAL OR MEDICAL FACILITY. A support person shall not  need  to  have
 visited  the  [woman] PERSON at a correctional facility prior to serving
 as a support person[. A person] AND may not  be  denied  eligibility  to
 serve  as  a  support  person  solely  on  the  basis of a past criminal
 conviction or that such SUPPORT  person  is  on  probation,  conditional
 release, parole or post release supervision. Any decision by an [agency]
 INSTITUTION  OR  LOCAL CORRECTIONAL FACILITY to deny a [woman's] request
 [to have] FOR a specific SUPPORT person  [serve  as  a  support  person]
 shall  be  made  with  reasons  specified in writing within five days of
 [her] THE request and promptly provided to the [woman]    PERSON  MAKING
 THE  REQUEST.  A support person shall be notified immediately after such
 [woman] PERSON goes into labor, [or immediately after  a  caesarean]  IS
 SCHEDULED FOR LABOR INDUCTION OR A CESAREAN section [or termination], IS
 IDENTIFIED  AS  HAVING  A MISCARRIAGE OR STILLBIRTH, OR is scheduled FOR
 MEDICAL CARE FOR ANY PREGNANCY OUTCOME, INCLUDING ABORTION, MISCARRIAGE,
 AND STILLBIRTH. If available,  a  doula[,  midwife]  or  other  birthing
 support  specialist  may  also  assist  during labor [and], delivery [in
 addition to at least one support person of  the  woman's  choosing.  Any
 woman  confined  in a state or local correctional facility shall receive
 S. 9816                             3

 notice in writing in a language and manner understandable to  her  about
 the  requirements  of  this  section upon her admission to such state or
 local correctional facility and again when she is 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],
 POST-PARTUM  RECOVERY, AND DURING MEDICAL CARE FOR AND RECOVERY FROM ANY
 OTHER PREGNANCY OUTCOME INCLUDING ABORTION, MISCARRIAGE, AND STILLBIRTH.
 The superintendent or sheriff or [his or her] THEIR designee shall cause
 such [woman] PERSON to be subject to return to such institution or local
 correctional facility as soon after the birth of [her]  THEIR  child  as
 the state of [her] THEIR health will permit as determined by the medical
 professional  responsible  for the care of such [woman] PERSON. [If such
 woman is confined in a local correctional facility, the expense of  such
 accommodation,  maintenance and medical care shall be paid by such woman
 or her relatives or from any available funds of the  local  correctional
 facility  and if not available from such sources, shall be a charge upon
 the county, city or town in which is located the court from  which  such
 incarcerated individual was committed to such local correctional facili-
 ty.  If  such  woman is confined in any institution under the control of
 the department, the  expense  of  such  accommodation,  maintenance  and
 medical  care  shall  be  paid by such woman or her relatives and if not
 available from such sources, such maintenance and medical care shall  be
 paid  by the state. In cases where payment of such accommodations, main-
 tenance and medical care is assumed by the county,  city  or  town  from
 which  such  incarcerated  individual was committed the payor shall make
 payment by issuing payment instrument in favor of the agency or individ-
 ual that provided such accommodations and services, after  certification
 has  been  made by the head of the institution to which the incarcerated
 individual was legally confined, that  the  charges  for  such  accommo-
 dations,  maintenance  and medical care were necessary and are just, and
 that the institution has no available funds for such purpose.]
   (d) Any [woman] PERSON confined in an institution or local correction-
 al 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 an institution or local correctional facility
 and again when [she is] THEY ARE known to be pregnant.  The  superinten-
 dent or sheriff shall publish notice of the requirements of this section
 in  prominent  locations  where medical care is provided. The department
 and the sheriff shall provide annual  training  on  provisions  of  this
 section  to all correctional personnel who are involved in the transpor-
 tation, supervision or medical care of incarcerated [women] PERSONS.
   (e) FORCE AGAINST A PREGNANT PERSON SHALL NOT BE  USED,  EXCEPT  AS  A
 LAST  RESORT,  AND  THEN  ONLY  IN  SITUATIONS IN WHICH THE STAFF MEMBER
 REASONABLY BELIEVES THAT FORCE IS NECESSARY TO PROTECT  THEMSELVES,  THE
 INCARCERATED  INDIVIDUAL,  OR  A USE OF PHYSICAL FORCE BY THE INDIVIDUAL
 THAT COULD CAUSE DEATH OR SERIOUS  PHYSICAL  INJURY.  THE  USE  OF  SPIT
 MASKS, CHEMICAL AGENTS, TASERS, WEAPONS, CHOKEHOLDS OR BLOWS TO THE BODY
 AGAINST  A PREGNANT PERSON OR ANY PERSON WITHIN EIGHT WEEKS AFTER DELIV-
 ERY OR PREGNANCY OUTCOME SHALL BE STRICTLY PROHIBITED.
   (F) The department shall report annually to the governor,  the  tempo-
 rary  president  of  the  senate, the minority leader of the senate, the
 speaker of the assembly, the minority leader of the assembly, the chair-
 person of the senate crime victims, crime and correction  committee  and
 the  chairperson  of  the assembly correction committee concerning every
 use of restraints AND FORCE on a  [woman]  PERSON  under  this  section,
 including the reason such restraint was used, the type of restraint used
 S. 9816                             4
 
 and the length of time such restraint was used pursuant to paragraph (b)
 of  this  subdivision, but shall exclude individual identifying informa-
 tion. The sheriff of each county shall report,  in  a  form  and  manner
 prescribed  by  the  commission,  every  use  of restraints on a [woman]
 PERSON under this section, including the reason such restraint was used,
 REASON SUCH FORCE WAS USED, the type of restraint used and the length of
 time such restraint was used pursuant to paragraph (b) of this  subdivi-
 sion,  THE TYPE OF FORCE USED AND THE LENGTH OF TIME SUCH FORCE WAS USED
 PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, annually to  the  commis-
 sion. The commission shall include such information in its annual report
 pursuant  to section forty-five of this chapter, but shall exclude iden-
 tifying information from such report. Reports required by  this  section
 shall  be  posted  on  the websites maintained by the department and the
 commission.
   § 2. The executive law is amended by adding a  new  section  837-y  to
 read as follows:
   §  837-Y.   USE OF RESTRAINTS ON PREGNANT AND POST-PREGNANT PERSONS BY
 LAW ENFORCEMENT.  WHERE A PERSON WHO IS KNOWN TO BE PREGNANT,  IN  LABOR
 OR  DELIVERY,  OR  TWELVE  WEEKS POST-PREGNANCY IS IN THE CUSTODY OF LAW
 ENFORCEMENT, SUBJECT TO CUSTODIAL INTERROGATION, OR HAS THEIR FREEDOM OF
 ACTION RESTRICTED BY LAW ENFORCEMENT IN ANY SIGNIFICANT WAY, THE USE  OF
 RESTRAINTS OF ANY KIND BY LAW ENFORCEMENT PERSONNEL SHALL BE PROHIBITED.
 THE  PROVISIONS  OF  THIS  SECTION  SHALL  AT  MINIMUM  APPLY  TO POLICE
 STATIONS,  HOLDING  FACILITIES  FOR  PRISONERS,  PROSECUTORS'   OFFICES,
 MEDICAL  AREAS AND HOSPITALS, AND ANY FACILITY WHERE PERSONS ARE HELD IN
 DETENTION IN CONNECTION WITH CRIMINAL OR  JUVENILE  DELINQUENCY  CHARGES
 THAT  HAVE BEEN OR MAY BE FILED AGAINST THEM, AS WELL AS DURING TRANSFER
 TO AND FROM SUCH LOCATIONS. A PERSON'S DISCLOSURE OF THEIR STATUS  SHALL
 SERVE AS SUFFICIENT NOTICE TO LAW ENFORCEMENT UNDER THIS PROVISION.
   § 3. This act shall take effect immediately.

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Senate Bill S9816

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Sponsored By

Julia Salazar