New York State Assembly

 
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A09965 Summary:

A09965 Actions:

A09965 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:07/14/2020AYE/NAY:12/0  Action: Favorable refer to committee Rules        
Weprin
Aye
Giglio
Aye
Ortiz
Aye
Finch
Excused
Colton
Aye
Palmesano
Aye
Rozic
Aye
Davila
Aye
Mosley
Aye
Blake
Aye
Walker
Aye
De La Rosa
Aye
Quart
Aye

Committee:RULES   Chair:Heastie      
DATE:07/21/2020AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Excused
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Excused
Norris
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A09965 Floor Votes:

A09965 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9965
 
SPONSOR: Rosenthal L

 
TITLE OF BILL:
 
An act to amend the correction law, in relation to the rights of preg-
nant inmates
 
 
PURPOSE:
 
This legislation will protect the rights of pregnant people incarcerated
in New York State correctional facilities.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one amends paragraph (c) of subdivisions 1 and 2 of section 611
of the correction law and adds a new subdivision 4.
 
Section two establishes the effective date.
 
 
JUSTIFICATION:

A survey by the Correctional Association of New York's "Women in Prison
Project" of formerly incarcerated women found that many respondents
classified their healthcare experiences in prison as traumatic or uncom-
fortable, especially if the respondents had been the victim of past
sexual or domestic violence. Poor prison healthcare is especially detri-
mental to pregnant people and can have a lasting impact on them and
their children.
 
Approximately 4% of people incarcerated in state correctional facilities
are pregnant. Bedford Hills Correctional Facility allows incarcerated
mothers to live with and continue to care for their children for up to
18 months, creating a more positive outcome for both the mother and the
child. This bill would require that the Chief Medical Officer of the
correctional facility notify pregnant persons about their right to
receive counseling services, including information about their right to
pregnancy termination services and their ability to apply to the Chil-
dren's Center Program at Bedford Hills Correctional Facility.
 
Further, the Department of Corrections and Community Supervision
currently forbids incarcerated women in labor from having a support
person with them during childbirth. Childbirth can be physically arduous
and this legislation will afford pregnant persons the right to designate
one support person of their choosing to accompany them throughout the
labor and delivery process.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
120 days.

A09965 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9965
 
                   IN ASSEMBLY
 
                                      March 3, 2020
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Correction
 
        AN ACT to amend the correction law, in relation to the rights  of  preg-
          nant inmates
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 1 and subdivision 2 of section
     2  611 of the correction law, paragraph (c) of subdivision 1 as amended  by
     3  chapter  17  of the laws of 2016 and subdivision 2 as amended by chapter
     4  242 of the laws of 1930, are amended and a new subdivision 4 is added to
     5  read as follows:
     6    (c) No restraints of any kind shall be used  when  such  woman  is  in
     7  labor,  admitted  to  a hospital, institution or clinic for delivery, or
     8  recovering after giving birth. Any such personnel as may be necessary to
     9  supervise the woman during transport to and from and during her stay  at
    10  the hospital, institution or clinic shall be provided to ensure adequate
    11  care,  custody  and  control  of  the woman, except that no correctional
    12  staff shall be present in the delivery room during the birth of  a  baby
    13  unless  requested  by  the medical staff supervising such delivery or by
    14  the woman giving birth. The woman shall be permitted to have one support
    15  person of her choosing accompany her into the delivery room  during  the
    16  birth of the child. The superintendent or sheriff or his or her designee
    17  shall  cause  such  woman to be subject to return to such institution or
    18  local correctional facility as soon after the birth of her child as  the
    19  state  of  her  health  will permit as determined by the medical profes-
    20  sional responsible for the care of such woman. If such woman is confined
    21  in a local correctional facility, the  expense  of  such  accommodation,
    22  maintenance  and  medical  care shall be paid by such woman or her rela-
    23  tives or from any available funds of the local correctional facility and
    24  if not available from such sources, shall be a charge upon  the  county,
    25  city  or  town  in which is located the court from which such inmate was
    26  committed to such local correctional facility. If such woman is confined
    27  in any institution under the control of the department, the  expense  of
    28  such  accommodation,  maintenance and medical care shall be paid by such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15381-01-0
        A. 9965                             2
 
     1  woman or her relatives and if not  available  from  such  sources,  such
     2  maintenance and medical care shall be paid by the state.  In cases where
     3  payment  of such accommodations, maintenance and medical care is assumed
     4  by  the  county,  city  or town from which such inmate was committed the
     5  payor shall make payment by issuing payment instrument in favor  of  the
     6  agency  or  individual  that  provided such accommodations and services,
     7  after certification has been made by the  head  of  the  institution  to
     8  which  the inmate was legally confined, that the charges for such accom-
     9  modations, maintenance and medical care were necessary and are just, and
    10  that the institution has no available funds for such purpose.
    11    2. A child so born may be returned with its mother to the correctional
    12  institution in which the mother is confined  unless  the  chief  medical
    13  officer of the correctional institution shall certify that the mother is
    14  physically  unfit  to care for the child, in which case the statement of
    15  the said medical officer shall be final.  A  child  may  remain  in  the
    16  correctional institution with its mother for such period as seems desir-
    17  able for the welfare of such child, but not after it is one year of age,
    18  provided,  however, if the mother is in a state reformatory and is to be
    19  paroled shortly after the child becomes one year of age, such child  may
    20  remain  at  the state reformatory until its mother is paroled, but in no
    21  case after the child is eighteen months old. If the mother is an  inmate
    22  at a state correctional facility, the department shall inform her of her
    23  ability to apply to any nursery program run by the department. The offi-
    24  cer  in  charge  of such institution may cause a child cared for therein
    25  with its mother to be removed from the institution at  any  time  before
    26  the  child  is  one  year  of  age.  He shall make provision for a child
    27  removed from the institution without its mother or a  child  born  to  a
    28  woman  inmate  who is not returned to the institution with its mother as
    29  hereinafter provided.  He may, upon proof being furnished by the  father
    30  or  other  relatives  of their ability to properly care for and maintain
    31  such child, give the child into the care and custody of such  father  or
    32  other  relatives,  who  shall  thereafter maintain the same at their own
    33  expense. If it shall appear that such  father  or  other  relatives  are
    34  unable  to properly care for and maintain such child, such officer shall
    35  place the child in the care of the commissioner  of  public  welfare  or
    36  other officer or board exercising in relation to children the power of a
    37  commissioner  of public welfare of the county from which such inmate was
    38  committed as a charge upon such county. The officer  in  charge  of  the
    39  correctional  institution  shall  send  to such commissioner, officer or
    40  board a report of all information available in regard to the mother  and
    41  the child. Such commissioner of public welfare or other officer or board
    42  shall care for or place out such child as provided by law in the case of
    43  a child becoming dependent upon the county.
    44    4.    The  chief medical officer of each correctional facility housing
    45  female inmates or his or her designee shall inform any inmate  known  to
    46  be  pregnant  of  her  option  of  participating in pregnancy counseling
    47  services and of her right to abortion services.
    48    § 2. This act shall take effect on the one hundred twentieth day after
    49  it shall have become a law. Effective immediately, the addition,  amend-
    50  ment  and/or repeal of any rules or regulations necessary for the imple-
    51  mentation of this act on its effective date are authorized to be made by
    52  the department of corrections and community supervision in  consultation
    53  with the department of health on or before such effective date.

A09965 LFIN:

 
NO LFIN

A09965 Chamber Video/Transcript: