NY State Senate Bill 2009-S1290

Senate Bill S1290

Signed By Governor

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	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

Votes

- May 20, 2009 - Floor Vote
  S1290
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 20, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      excused (1)
      
      Winner

Bill Amendments

Original

A (Active)

2009-S1290 - Details

2009-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.

2009-S1290 - Sponsor Memo

                                 BILL NUMBER:  S1290

 TITLE OF BILL :

An act to amend the correction law, in relation to pregnant female
prisoners


 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit the use of mechanical restraints including handcuffs and
shackles, on any pregnant female prisoner who is about to give birth
during transport from a correctional facility to a medical facility or
other accommodation for the purpose of delivering her child. Permits
the use of handcuffs if chief prison officer offers substantiated
findings of substantial escape risk.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends subdivision 1 of section 611 of the Correction Law.

 JUSTIFICATION :

According to Amnesty International, New York State is still one of the
many states that permits the shackling of pregnant inmates. In New
City, a 1990 consent decree agreement ended the shackling of pregnant

inmates. The use of mechanical restraints on a pregnant inmate
constitutes a cruel and inhumane form of punishment and poses a
serious risk to both the mother and her unborn child.

A 1999 press release from Amnesty International included a quote from
a pregnant female prisoner in Cook County. She described how while in
labor, her feet were shackled  and, as a result, was unable to
facilitate the birth of her baby. Ultimately, the officer had to be
summoned to unlock the shackles before the baby could be born.
Accordingly, this bill is designed to ensure the protection of
pregnant prisoners and their unborn child.

 PRIOR LEGISLATIVE HISTORY :

2007-2008 - S.2115 - Died in Committee
2005-2006 - A.3804
2003-2004 - A.5134
2001-2002 - A.3292
2000 - A.10807

 FISCAL IMPLICATIONS :

No fiscal implications to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1290 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S1290A (ACTIVE) - Details

2009-S1290A (ACTIVE) - Summary

2009-S1290A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1290A           REVISED 05/20/09

 TITLE OF BILL :

An act to amend the correction law, in relation to pregnant female
prisoners


 GENERAL IDEA OF BILL :

To prohibit the use of mechanical restraints including handcuffs and
shackles, on any pregnant female prisoner who is about to give birth
during transport from a correctional facility to a medical facility or
other accommodation for the purpose of delivering her child.  Permits
the use of handcuffs under extraordinary circumstances where
restraints are determined to be necessary to prevent such woman from
injuring herself, medical, or corrections personnel.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends section 1, Subdivision 1 of Section 611 of the
Corrections Law as amended by chapter 758 of the laws of 1968 to
prohibit the use of restraints on female prisoners during transport to
medical facility when about to give birth except under extraordinary
circumstances.

 JUSTIFICATION :

All pregnant women who are within the state's custody deserve the
opportunity to deliver their babies safely, no matter the mother's
legal status. Childbirth is a precious and also precarious moment in a
woman's life, and in the life of the newborn. This bill, if enacted,
will make childbirth safer for the few women who have their baby while
they are incarcerated.

Physical restraints, according to obstetricians, put the health of a
childbearing mother and her infant at risk. The practice is dangerous
even before the delivery commences, as pregnant women who are deep
into the third trimester often have problems maintaining their
balance. Shackling the ankles of these women heightens the risk that
they will fall forward, potentially injuring them and their fetuses.
During labor, physical restraints interfere with the ability of
physicians to assess and evaluate the physical condition of the mother
and the fetus. Further, women undergoing childbirth need to be able to
shift positions, an impossibility if shackled at the ankle and wrist.
That inability to adjust positions also creates cramps and intense
pain. Finally, if there is a need for a C-Section, the mother would
have to be moved to an operating room immediately, which is difficult
to accomplish when the woman is bound by mechanical restraints. A
delay of even a few minutes could result in permanent brain damage for
the baby.

These dangers are almost always avoidable, because it is seldom
necessary to shackle a woman in labor. Women who are giving birth
experience excruciating labor pains and are often highly medicated,
therefore eliminating any serious security risk. Even if a woman in
active labor did attempt to escape, it is unlikely that she could get
very far. As the bill provides, a woman who is likely to hurt herself
or others, or is likely to attempt an escape, may be restrained at the
wrist. In all other situations, a correction officer's supervision is
sufficient to preserve security.

Indeed, New York City's Department of Corrections has not reported any
escapes or security breaches as a result of a 1990 policy change which
required, as this bill does, that restraints be employed only after a
case-by-case determination. Nor have there been any breaches of
security in Illinois, California or Vermont, which all adopted a
similar measure during the past decade.

In May 2009 the Bureau of Prisons barred the shackling of pregnant
federal prisoners except in extreme situations. The federal policy
change represents a significant victory for thousands of women across
the nation in federal prison. Now is the time to extend that same
protection to the nearly three thousand New York women who are in jail
or in prison.

 PRIOR LEGISLATIVE HISTORY :

2007-2008: A.4105
2005-2006: A.3804
2003-2004: A.5134
2001-2002: A.3292
2000:      A.10807

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

No fiscal implication to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-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.

                                                           LBD01482-03-9

S. 1290--A                          2

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
DELIVERY, OR RECOVERING AFTER GIVING BIRTH. ANY SUCH PERSONNEL AS MAY BE
NECESSARY TO SUPERVISE THE WOMAN DURING TRANSPORT TO AND FROM AND DURING
HER  STAY  AT  THE  HOSPITAL, INSTITUTION OR CLINIC SHALL BE PROVIDED TO
ENSURE ADEQUATE CARE, CUSTODY AND CONTROL OF THE WOMAN. THE  SUPERINTEN-
DENT  OR  SHERIFF  OR  HIS  OR HER DESIGNEE SHALL CAUSE SUCH WOMAN TO BE
subject to [her] return to such institution OR LOCAL CORRECTIONAL FACIL-
ITY as soon after the birth of her child as the state of her health will
permit AS DETERMINED BY THE MEDICAL  PROFESSIONAL  RESPONSIBLE  FOR  THE
CARE  OF  SUCH  WOMAN.   If such woman is confined in a [penitentiary or
jail] LOCAL CORRECTIONAL FACILITY, the expense  of  such  accommodation,
maintenance  and  medical  care shall be paid by such woman or her rela-
tives or from any available funds of the [penitentiary  or  jail]  LOCAL
CORRECTIONAL FACILITY and if not available from such sources, shall be a
charge  upon the county, city or town in which is located the court from
which such inmate was committed to such  [penitentiary  or  jail]  LOCAL
CORRECTIONAL  FACILITY.    If  such woman is confined in any institution
under the control of the [state] department [of correction], the expense
of such accommodation, maintenance and medical care  shall  be  paid  by
such woman or her relatives and if not available from such sources, such
maintenance  and medical care shall be paid by the state. In cases where
payment of such accommodations, maintenance and medical care is  assumed
by  the  county,  city  or town from which such inmate was committed the
payor shall make payment by issuing payment instrument in favor  of  the
agency  or  individual  that  provided such accommodations and services,
after certification has been made by the  head  of  the  institution  to
which  the inmate was legally confined, that the charges for such accom-
modations, maintenance and medical care were necessary and are just, and
that the institution has no available funds for such purpose.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.