Assembly Bill A9550

2013-2014 Legislative Session

Relates to the segregated confinement of pregnant inmates

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9550 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L

2013-A9550 (ACTIVE) - Summary

Restricts the segregated confinement of pregnant inmates to situations where there are exceptional circumstances which would create an unacceptable risk to other inmates or staff.

2013-A9550 (ACTIVE) - Bill Text download pdf 

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

                                  9550

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

Introduced by M. of A. ROZIC, BARRETT, MAYER, O'DONNELL -- read once and
  referred to the Committee on Correction

AN  ACT  to  amend  the  correction  law,  in relation to the segregated
  confinement of 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
subdivision, 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)  AN  INMATE  KNOWN  BY  THE DEPARTMENT TO BE PREGNANT SHALL NOT BE
PLACED 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.    IN  SUCH
EXCEPTIONAL   CIRCUMSTANCES  THE  INMATE'S  CASE  SHALL  BE  IMMEDIATELY
REFERRED TO THE COMMISSIONER FOR REVIEW AND RESOLUTION. IF THE INMATE IS
NOT RELEASED FROM SUCH CONFINEMENT UPON THE INITIAL REVIEW,  HER  PLACE-
MENT  IN  SUCH  CONFINEMENT  SHALL  BE  REVIEWED WEEKLY THEREAFTER. SUCH
INMATE SHALL BE REMOVED FROM SUCH CONFINEMENT AS SOON AS THE EXCEPTIONAL
CIRCUMSTANCE NO LONGER POSES AN UNACCEPTABLE  RISK  TO  THE  SAFETY  AND
SECURITY OF OTHER INMATES OR STAFF. SUCH INMATE'S ACCESS TO HEALTH CARE,
MENTAL  HEALTH  CARE  AND  NUTRITIOUS  DIET  SHALL NOT BE RESTRICTED FOR
DISCIPLINARY REASONS, NOR SHALL ANY INMATE BE DENIED POST-PARTUM  HEALTH
CARE  BECAUSE  SHE  IS  IN  SEGREGATED  CONFINEMENT  OR OTHER RESTRICTED
CONFINEMENT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15046-01-4

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