Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4879B
SPONSOR: Kelles TITLE OF BILL:
An act to amend the correction law, in relation to promoting the health,
safety, and human rights of incarcerated pregnant individuals, incarcer-
ated birthing parents of children and their children
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish a comprehensive human rights-
based statutory policy relating to incarcerated pregnant or postpartum
individuals and their children in New York state and local correctional
facilities
SUMMARY OF PROVISIONS:
Section one would provide the legislative purpose and findings.
Section 2 would amend section 611 of the correction law to provide that
birthing parents shall be provided with appropriate accommodations and
continuous access to prenatal, perinatal, and postpartum care; provide
that the commissioner and the state commission on corrections shall
establish rules and regulations relating to conditions and procedures in
correctional facilities allowing a child of a birthing parent to remain
in the correctional facility; provide for the rights and conditions of
the birthing parent and their child' in the nursery of an institution or
local correctional facility; require the chief medical officer of each
institution or local correctional facility to notify birthing parents of
their right to comprehensive pregnancy counseling services; and provide
for the enforcement of the provisions of this section.
Section 3 would amend subdivision 33 of section 2 of the correction law
to change the period of time from eight weeks to twelve weeks that a
person who is pregnant shall be considered part of "special popu-
lations."
Section 4 would provide for the severability clause.
Section 5 would provide for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B print would clarify provisions relating to providing birthing
parents with appropriate accommodations and continuous access to prena-
tal, perinatal, and postpartum care; requiring the commissioner and the
state commission on corrections to establish rules and regulations
relating to conditions in the institution or local correctional facility
relating to treatment and care of birthing parents and their children;
providing access to pregnancy tests upon the request of an incarcerated
individual; and establishing rules and regulations relating to condi-
tions and procedures that shall allow a child of a birthing parent to
remain in an institution or local correctional facility.
JUSTIFICATION:;
Incarceration can negatively impact the health of pregnant people and
their infants. Incarcerated individuals are more likely than the general
population of pregnant individuals to have chronic illnesses, mental
health conditions, and substance use disorders, which can increase the
risk of negative pregnancy outcomes (1). Incarcerated people are also
significantly less likely to receive prenatal care and medical and
behavioral services for preexisting conditions during pregnancy, with
some studies showing over 45% of pregnant individuals received no prena-
tal care at all (2). As a result infants born to incarcerated individ-
uals have a higher likelihood of being born prematurely and small for
gestational age and are at an increased risk for NICU admission (3). In
addition, incarceration is associated with poorer perinatal health
behaviors than the general population leading to long term negative
health outcomes for both the parent and the child, which can lead to
multigenerational negative physical, emotional, behavioral, and social
outcomes (4,5). In contrast, according to the National Partnership for
Women & Families, "interventions that included not only enhanced care in
prisons and co-residence with children after birth, but also coordi-
nation of community care on release, demonstrated reduced likelihood of
future involvement with the justice system over the 10 years following
release when compared to women in the same facilities that did not
receive the intervention" (2). According to the American Journal of
Public Health, "At the end of 2016, there were 111,616 women in prisons
across the United States, a 742% increase from the 13,258 women in pris-
ons in 1980. The United States has 4% of the world's female population
but 30% of its female incarcerated population. Three quarters of incar-
cerated women are of childbearing age (between 18 and 44 years). Two
thirds are mothers and the primary caregivers to young children, and up
to 84% have been pregnant in the past. In addition, up to 80% of incar-
cerated women report that they had been sexually active with men in the
3 months before their incarceration, and only 21% to 28% were using a
reliable method of contraception." (6) Invariably, with these increasing
numbers we will continue to see increasing numbers of individuals who
are pregnant or parents of infants being incarcerated.
A statewide system that required: early identification of pregnant indi-
viduals followed by comprehensive prenatal care, screening and treatment
of pre-existing conditions, proper nutrition and exercise, the develop-
ment of a birthing plan, a humane delivery that followed medical and
public health best practices, and comprehensive postnatal care including
time and appropriate space for parent-child bonding would significantly
improve physical and behavioral health outcomes for the parent and
child. It would also significantly reduce recidivism rates for the
adults thus improving public safety in communities. Yet we do not have a
system of care in our carceral systems to ensure prenatal, delivery best
practices, nor postnatal care to incarcerated individuals and their
infants. This lack of healthcare ensures that our very carceral system
is part of the problem contributing to negative intergenerational health
outcomes and reduced public health for our communities,
All people who are in state custody should be treated humanely and with
dignity that all humans deserve. We have too often witnessed instances
of mistreatment, neglect and even death when the human needs of people
incarcerated are disregarded by those charged with supervising and
protecting them while in custody. This is even more egregious when
incarcerated people who are pregnant suffer indignities and are made to
suffer by deliberate decisions to deny access to healthcare that their
circumstances require. We have a responsibility as a state to ensure our
laws are written to protect people in state custody, including those who
happen to be pregnant and giving birth while in custody. Their children
deserve protection and support during the first months of life, which
are critical to bonding and developing healthy relationships with their
parent, This bill, when enacted, will ensure the state meets these
responsibilities.
(1): https://jamanetwork.com/journals/jamanetworkopen/
fullarticle/2769101text=Thet2Olimitedk20existingk
20researchk2Oon,families7520and%20communitiesW20 moret20 broadly.
(2): https://nationalpartnership.org/report/incarceration- harms-mom-
sandbabies/ :-:text= IncarcerationUOrisks%20thek2OhealthW20of,
reportedk2Ohavingt2 Odepression%20andW20anxiety.
(3): https://www.nature.com/articles/s41372-024-02170-4
(4): https://pmc.ncbi.nlm.nih.gov/articles/ PMC4161663/
:-:text=Incarcerationk 20oft2Oat
20womank2Oor%2Ohert2Opartnerk2Oin%20theUOyear, disparitiest2Oin%20ea
rlyk2OchildhoodUOdevelopment.
(5):https://policyinstitute.iu.edu/doc/
maternalincarceration-brief2023.pdf?u tm source=chatgpt.com
(6): https://ajph.aphapublications.org/doi/ 10.2105/AJPH.2019,305006?utm
sours e=chatgpt.com
PRIOR LEGISLATIVE HISTORY:
2023-24 - A7630A - referred to Correction and reported to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
180 days after signed into law.
