senate Bill S7461

Relates to pregnant inmates

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Provides that where the department of corrections knows that an inmate is pregnant, there shall be a presumption against placement in segregated confinement or other restricted confinement unless there are exceptional circumstances which would create an unacceptable risk to the safety and security of other inmates or staff.

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Bill Details

See Assembly Version of this Bill:
A10105
Versions:
S7461
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง137, Cor L

Sponsor Memo

BILL NUMBER:S7461

TITLE OF BILL: An act to amend the correction law, in relation to preg-
nant inmates

PURPOSE: To reduce the instances in which a pregnant inmate is placed
in segregated confinement or other restrictive confinement.

SUMMARY OF PROVISIONS:

Section 1 adds paragraph (g) to the list of exceptions to segregated
confinement

Section 2 adds paragraph (g) to section 137 of the correction law,
creating a presumption against placement of a pregnant inmate in segre-
gated confinement or other restricted confinement unless there are
exceptional circumstances which would create an unacceptable risk to the
safety and security of other inmates or staff.

Section 3 states that this act will take effect immediately

JUSTIFICATION: Under the terms of an interim settlement agreement in a
federal civil rights law suit, Peoples v. Fischer, 11-CIV-2694 (SAS),
the New York Department of Corrections and Community Supervision has
agreed to have a presumption against placing a pregnant inmate in segre-
gated confinement unless there are extraordinary circumstances. This
bill seeks to codify that agreement.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7461

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- 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 pregnant inmates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 6 of  section  137  of
the  correction  law,  as  amended  by chapter 1 of the laws of 2008, is
amended to read as follows:
  Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
vision, the superintendent of  a  correctional  facility  may  keep  any
inmate  confined  in  a  cell  or  room,  apart  from the accommodations
provided for inmates who are participating in programs of the  facility,
for  such  period as may be necessary for maintenance of order or disci-
pline, but in any such case the following conditions shall be observed:
  S 2. Subdivision 6 of section 137 of the correction law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  FOR AN INMATE KNOWN BY THE DEPARTMENT TO BE PREGNANT, THERE SHALL
BE A PRESUMPTION AGAINST PLACEMENT IN SEGREGATED  CONFINEMENT  OR  OTHER
RESTRICTED  CONFINEMENT UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES WHICH
WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECURITY  OF  OTHER
INMATES OR STAFF.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15235-01-4

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