Senate Bill S9817

2023-2024 Legislative Session

Relates to the provision of breast pumps to certain incarcerated birth parents and allowing children to remain with their incarcerated birth parent for a period of time

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

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2023-S9817 (ACTIVE) - Details

See Assembly Version of this Bill:
A3483
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in 2021-2022 Legislative Session:
A4610

2023-S9817 (ACTIVE) - Summary

Relates to the provision of breast pumps and related collection and storage materials to all mothers who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such mothers, but not beyond the date such child reaches twenty-four months of age except in limited circumstances related to parole; allows children to remain with their mothers in a correctional institution until twenty-four months of age, or longer in certain cases related to parole; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated mothers.

2023-S9817 (ACTIVE) - Sponsor Memo

2023-S9817 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9817
 
                             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, in relation to providing breast
   pumps to certain incarcerated nursing birth parents
 
   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 four
 new subdivisions 5, 6, 7 and 8 to read as follows:
   5. A PERSON WHO GIVES BIRTH IN A HOSPITAL OR MEDICAL FACILITY WHILE IN
 THE  CUSTODY  OF  AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL BE
 PERMITTED TO KEEP ALL HEALTH AND NEWBORN RELATED SUPPLIES AND  EQUIPMENT
 PROVIDED  TO  THEM BY THE HOSPITAL OR MEDICAL FACILITY UPON THEIR RETURN
 TO THE INSTITUTION OR LOCAL CORRECTIONAL  FACILITY,  INCLUDING  BUT  NOT
 LIMITED  TO  DIAPERS,  BREAST  PUMP  EQUIPMENT,  BREASTFEEDING SUPPLIES,
 BREAST PADS, SANITARY NAPKINS, UNDERWEAR,  WATER  BOTTLE,  HEATING  PAD,
 PERINEAL  SQUIRT  BOTTLES, SITZ BATHS, AND HEALTH CREAMS, OINTMENTS, AND
 SPRAYS. SUCH PERSON AND THEIR NEWBORN SHALL BE  PROVIDED  WITH  UNINTER-
 RUPTED  ACCESS TO THERAPEUTICALLY EQUIVALENT MEDICATION AS PRESCRIBED BY
 MEDICAL PERSONNEL AT THE HOSPITAL OR MEDICAL  FACILITY  FOR  A  DURATION
 CONSISTENT WITH THE TIMEFRAME PRESCRIBED BY SUCH PERSONNEL.
   6.  (A)  FOR  PURPOSES  OF THIS SUBDIVISION, A BREASTFEEDING PARENT IS
 DEFINED AS:
   (I) A PARENT IN CUSTODY OF AN INSTITUTION OR LOCAL CORRECTIONAL FACIL-
 ITY WHO LIVES WITH THEIR CHILD PURSUANT TO SUBDIVISIONS TWO AND THREE OF
 THIS SECTION; AND
   (II) A PARENT IN CUSTODY  OF  AN  INSTITUTION  OR  LOCAL  CORRECTIONAL
 FACILITY  WHO  IS  ABLE  TO  PRODUCE BREAST MILK OF ANY AMOUNT AND WHOSE
 CHILD IS LIVING IN THE COMMUNITY AND IS  THIRTY-SIX  MONTHS  OF  AGE  OR
 YOUNGER.
   (B) (I) A BREASTFEEDING PARENT SHALL HAVE THE RIGHT TO:
   (A)  BREASTFEED  THEIR  CHILD CONSISTENT WITH THE RIGHTS ENUMERATED IN
 SUBDIVISION THREE OF SECTION TWENTY-FIVE HUNDRED FIVE-A  OF  THE  PUBLIC
 HEALTH LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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