senate Bill S1290

Signed By Governor
2009-2010 Legislative Session

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

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Archive: Last Bill Status - 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 (15)
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
referred to correction
delivered to assembly
passed senate
May 05, 2009 amended on third reading 1290a
Mar 11, 2009 advanced to third reading
Mar 10, 2009 2nd report cal.
Mar 09, 2009 1st report cal.94
Jan 28, 2009 referred to crime victims, crime and correction

S1290 - Details

S1290 - 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.

S1290 - Sponsor Memo

S1290 - Bill Text download pdf


          

Co-Sponsors

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S1290A (ACTIVE) - Details

S1290A (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.

S1290A (ACTIVE) - Sponsor Memo

S1290A (ACTIVE) - Bill Text download pdf

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

                                 1290--A
    Cal. No. 94

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
  SAVINO,  SCHNEIDERMAN, STAVISKY -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and  Correction  -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in 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-
STANCES,  WHERE  RESTRAINTS  ARE  NECESSARY  TO  PREVENT SUCH WOMAN FROM

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

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