assembly Bill A3373A

Signed By Governor
2009-2010 Legislative Session

Provides for the custody of pregnant female inmates before, during and after delivery

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1290 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 26, 2009 approval memo.16
signed chap.411
Aug 18, 2009 delivered to governor
May 20, 2009 returned to senate
passed assembly
ordered to third reading cal.263
substituted for a3373a
May 20, 2009 substituted by s1290a
Mar 25, 2009 amended on third reading 3373a
Mar 19, 2009 advanced to third reading cal.263
Mar 17, 2009 reported
Jan 27, 2009 referred to correction

A3373 - Details

See Senate Version of this Bill:
S1290
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

A3373 - Summary

Provides for the care and custody of pregnant female inmates before, during and after delivery; prohibits the use of restraints of any kind from being used during the transport of such female prisoner to a hospital for the purpose of giving birth, unless such prisoner is a substantial flight risk whereupon handcuffs may be used; prohibits the use of any restraints during labor; requires the presence of corrections personnel during such prisoner's transport to and from the hospital and during her stay at such hospital.

A3373 - Bill Text download pdf

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

                                  3373

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
  BENJAMIN,  BOYLAND,  BRENNAN, COOK, DIAZ, EDDINGTON, ESPAILLAT, GLICK,
  GOTTFRIED, GREENE, HOOPER, JACOBS,  MENG,  MILLMAN,  PAULIN,  PEOPLES,
  PHEFFER,  POWELL,  ROBINSON,  ROSENTHAL,  WEISENBERG  -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation to pregnant female pris-
  oners

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

  Section  1.  Subdivision  1  of  section 611 of the correction law, as
amended by chapter 758 of the laws  of  1968,  is  amended  to  read  as
follows:
  1.  If  a  woman, confined in any institution under the control of the
[state] department [of correction,] or in any penitentiary or  jail,  be
pregnant  and  about  to give birth to a child, the officer in charge of
such institution, a reasonable time before the anticipated birth of such
child, shall cause such woman to be removed from  such  institution  and
provided  with  comfortable accommodations, maintenance and medical care
elsewhere, under such supervision and safeguards to prevent  her  escape
from  custody as [he] THE OFFICER may determine[, and]. NO RESTRAINTS OF
ANY KIND SHALL BE USED DURING TRANSPORT, EXCEPT  WHERE  THE  OFFICER  IN
CHARGE  OF  THE  INSTITUTION  HAS  DETERMINED THAT SUCH WOMAN PRESENTS A
SUBSTANTIAL FLIGHT RISK, SUCH WOMAN MAY BE HANDCUFFED. UNDER NO  CIRCUM-
STANCES  SHALL  RESTRAINTS OF ANY KIND BE USED ON ANY PREGNANT WOMAN WHO
IS IN LABOR. ANY SUCH PERSONNEL AS MAY BE  NECESSARY  TO  SUPERVISE  THE
WOMAN TO AND FROM THE HOSPITAL AND DURING HER STAY AT THE HOSPITAL SHALL
BE  PROVIDED  TO ENSURE ADEQUATE CARE, CUSTODY AND CONTROL OF THE WOMAN.
THE OFFICER IN CHARGE OF  ANY  INSTITUTION  UNDER  THE  CONTROL  OF  THE
DEPARTMENT,  OR  ANY  PENITENTIARY  OR JAIL SHALL CAUSE SUCH WOMAN TO BE
subject to [her] return to such institution as soon after the  birth  of
her  child  as  the  state  of  her health will permit. If such woman is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01482-01-9

Co-Sponsors

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Multi-Sponsors

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A3373A (ACTIVE) - Details

See Senate Version of this Bill:
S1290
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

A3373A (ACTIVE) - Summary

Provides for the care and custody of pregnant female inmates before, during and after delivery; prohibits the use of restraints of any kind from being used during the transport of such female prisoner to a hospital for the purpose of giving birth, unless such prisoner is a substantial flight risk whereupon handcuffs may be used; prohibits the use of any restraints during labor; requires the presence of corrections personnel during such prisoner's transport to and from the hospital and during her stay at such hospital.

A3373A (ACTIVE) - Bill Text download pdf

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

                                 3373--A
                                                        Cal. No. 263

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
  BENJAMIN,  BOYLAND,  BRENNAN, COOK, DIAZ, EDDINGTON, ESPAILLAT, GLICK,
  GOTTFRIED, GREENE, HOOPER, JACOBS,  MENG,  MILLMAN,  PAULIN,  PEOPLES,
  PHEFFER,  POWELL,  ROBINSON,  ROSENTHAL,  WEISENBERG  -- read once and
  referred to the Committee on Correction --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the correction law, in relation to pregnant female pris-
  oners

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

  Section  1.  Subdivision  1  of  section 611 of the correction law, as
amended by chapter 758 of the laws  of  1968,  is  amended  to  read  as
follows:
  1.  If  a  woman confined in any institution [under the control of the
state department of correction, or  in  any  penitentiary  or  jail]  AS
DEFINED  IN  PARAGRAPH  C  OF  SUBDIVISION  FOUR  OF  SECTION TWO OF THE
CORRECTION LAW OR LOCAL CORRECTIONAL FACILITY AS  DEFINED  IN  PARAGRAPH
(A)  OF  SUBDIVISION  SIXTEEN  OF  SECTION TWO OF THE CORRECTION LAW, be
pregnant and about to give birth to a child, the  [officer]  SUPERINTEN-
DENT  AS  DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE CORRECTION
LAW OR SHERIFF AS DEFINED IN  PARAGRAPH  C  OF  SUBDIVISION  SIXTEEN  OF
SECTION  TWO  OF  THE  CORRECTION  LAW  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 institution OR FACILITY
and provided with comfortable accommodations,  maintenance  and  medical
care  elsewhere,  under  such  supervision and safeguards to prevent her
escape from custody as [he] THE SUPERINTENDENT OR SHERIFF OR HIS OR  HER
DESIGNEE  may  determine[, and]. 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 CIRCUM-

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

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