|SAME AS||SAME AS S00983-A|
|Amd S611, Cor L|
|Relates to the restraint of pregnant female prisoners during childbirth.|
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STATE OF NEW YORK ________________________________________________________________________ 6430--A 2015-2016 Regular Sessions IN ASSEMBLY March 24, 2015 ___________ Introduced by M. of A. PERRY, ROZIC -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to the restraint of pregnant female prisoners during childbirth The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 611 of the correction law, as 2 amended by chapter 411 of the laws of 2009, is amended to read as 3 follows: 4 1. (a) If a woman confined in any institution [ as defined in paragraph5 c of subdivision four of section two of the correction law] or local 6 correctional facility [ as defined in paragraph (a) of subdivision7 sixteen of section two of the correction law,] be pregnant and about to 8 give birth to a child, the superintendent [ as defined in subdivision9 twelve of section two of the correction law] or sheriff [ as defined in10 paragraph c of subdivision sixteen of section two of the correction law] 11 in charge of such institution or facility, a reasonable time before the 12 anticipated birth of such child, shall cause such woman to be removed 13 from such institution or facility and provided with comfortable accommo- 14 dations, maintenance and medical care elsewhere, under such supervision 15 and safeguards to prevent her escape from custody as the superintendent 16 or sheriff or his or her designee may determine. No restraints of any 17 kind shall be used during transport [ to or from the hospital, institu-18 tion or clinic where] of such woman [ receives care; provided, however,19 in extraordinary circumstances, where restraints are necessary to20 prevent such woman from injuring herself or medical or correctional21 personnel, such woman may be cuffed by one wrist. In cases where22 restraints are used, the superintendent or sheriff shall make and main-23 tain written findings as to the reasons for such use], a woman who is 24 known to be pregnant or a woman within eight weeks after delivery or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02990-02-5A. 6430--A 2 1 pregnancy outcome receives care absent extraordinary circumstances in 2 which the superintendent or sheriff or his or her designee in consulta- 3 tion with the chief medical officer has made an individualized determi- 4 nation that restraints are necessary to prevent such woman from injuring 5 herself or medical or correctional personnel or others and cannot 6 reasonably be restrained by other means, including the use of additional 7 personnel. If a determination has been made that extraordinary circum- 8 stances exist then restraints shall be limited to handcuffs in front of 9 the body. The superintendent or sheriff or his or her designee shall 10 document the facts upon which the finding of extraordinary circumstances 11 were based within five days of the use of such restraints and shall also 12 document the type of restraints used and the length of time such 13 restraints were used. No restraints of any kind shall be used when such 14 woman is in labor, admitted to a hospital, institution or clinic for 15 delivery, or recovering after giving birth. Any such personnel as may be 16 necessary to supervise the woman during transport to and from and during 17 her stay at the hospital, institution or clinic shall be provided to 18 ensure adequate care, custody and control of the woman, except that no 19 correctional staff shall be present in the delivery room during the 20 birth of a baby unless requested by the medical staff supervising such 21 delivery or by the woman giving birth. The superintendent or sheriff or 22 his or her designee shall cause such woman to be subject to return to 23 such institution or local correctional facility as soon after the birth 24 of her child as the state of her health will permit as determined by the 25 medical professional responsible for the care of such woman. If such 26 woman is confined in a local correctional facility, the expense of such 27 accommodation, maintenance and medical care shall be paid by such woman 28 or her relatives or from any available funds of the local correctional 29 facility and if not available from such sources, shall be a charge upon 30 the county, city or town in which is located the court from which such 31 inmate was committed to such local correctional facility. If such woman 32 is confined in any institution under the control of the department, the 33 expense of such accommodation, maintenance and medical care shall be 34 paid by such woman or her relatives and if not available from such 35 sources, such maintenance and medical care shall be paid by the state. 36 In cases where payment of such accommodations, maintenance and medical 37 care is assumed by the county, city or town from which such inmate was 38 committed the payor shall make payment by issuing payment instrument in 39 favor of the agency or individual that provided such accommodations and 40 services, after certification has been made by the head of the institu- 41 tion to which the inmate was legally confined, that the charges for such 42 accommodations, maintenance and medical care were necessary and are 43 just, and that the institution has no available funds for such purpose. 44 (b) Any woman confined in an institution or local correctional facili- 45 ty shall receive notice in writing in a language and manner understand- 46 able to her about the requirements of this section upon her admission to 47 an institution or local correctional facility and again when she is 48 known to be pregnant. The superintendent or sheriff shall publish notice 49 of the requirements of this section in prominent locations where medical 50 care is provided. The department and the sheriff shall provide annual 51 training on provisions of this section to all correctional personnel who 52 are involved in the transportation, supervision or medical care of 53 incarcerated women. 54 (c) The department and sheriff shall report annually to the governor, 55 the temporary president of the senate, the minority leader of the 56 senate, the speaker of the assembly, the minority leader of the assem-A. 6430--A 3 1 bly, the chairperson of the senate crime victims, crime and correction 2 committee and the chairperson of the assembly correction committee 3 concerning every use of restraints on a woman under this section but 4 shall exclude individual identifying information. 5 § 2. This act shall take effect immediately.