S T A T E O F N E W Y O R K
________________________________________________________________________
1670
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, FORREST, CRUZ, GLICK, SEAWRIGHT,
REYES, DAVILA, LUCAS, SIMON, SHIMSKY, LEVENBERG, TAPIA, SIMONE,
EPSTEIN, RAGA, BURDICK -- read once and referred to the Committee on
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04205-01-5
A. 1670 2
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
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
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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
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
A. 1670 4
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
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.