senate Bill S6296

2009-2010 Legislative Session

Relates to the restraint of pregnant female prisoners during childbirth

download bill text pdf

Sponsored By

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

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to crime victims, crime and correction
Nov 17, 2009 referred to rules


S6296 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง611, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S375
2013-2014: S2274
2015-2016: S983

S6296 (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

S6296 (ACTIVE) - Sponsor Memo

S6296 (ACTIVE) - Bill Text download pdf

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


                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 17, 2009

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the correction law, in  relation  to  the  restraint  of
  pregnant female prisoners during childbirth


  Section 1. Subdivision 1 of section 611  of  the  correction  law,  as
amended  by  chapter  411  of  the  laws  of 2009, is amended to read as
  1. If a woman confined in any institution as defined in paragraph  [c]
(C)  of  subdivision  four  of  section two of [the correction law] THIS
CHAPTER or local correctional facility as defined in  paragraph  (a)  of
subdivision sixteen of section two of [the correction law] THIS CHAPTER,
be  pregnant  and  about to give birth to a child, the superintendent as
defined in subdivision twelve of section two of the  correction  law  or
sheriff  as  defined  in  paragraph  [c]  (C)  of subdivision sixteen of
section two of [the correction law]  THIS  CHAPTER  in  charge  of  such
institution  or facility, a reasonable time before the anticipated birth
of such child, shall cause such woman to be removed from  such  institu-
tion  or  facility and provided with comfortable accommodations, mainte-
nance and medical care elsewhere, under such supervision and  safeguards
to  prevent  her escape from custody as the superintendent or sheriff or
his or her designee may determine. No restraints of any  kind  shall  be
used  during  transport  to  or from the hospital, institution or clinic
where such woman receives care[;  provided,  however,  in  extraordinary
circumstances, where restraints are necessary to prevent such woman from
injuring herself or medical or correctional personnel, such woman may be
cuffed by one wrist. In cases where restraints are used, the superinten-
dent  or  sheriff  shall  make  and  maintain written findings as to the
reasons for such use]. No restraints of any kind shall be used when such
woman is in labor, admitted to a hospital,  institution  or  clinic  for

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


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