Assembly Bill A7120

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

                                  7120

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Correction

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

  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  411  of  the  laws  of 2009, is amended to read as
follows:
  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]
THIS  CHAPTER  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
institution or facility and provided  with  comfortable  accommodations,
maintenance and medical care elsewhere, under such supervision and safe-
guards to prevent her escape from custody as the superintendent or sher-
iff  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 extraor-
dinary 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  superintendent  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03981-01-3
              

A. 7120                             2

clinic  for delivery, or recovering after giving birth. Any such person-
nel 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
superintendent or sheriff or his or her designee shall cause such  woman
to be subject to 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  local  correctional
facility,  the  expense  of  such accommodation, maintenance and medical
care shall be paid by such woman or her relatives or from any  available
funds  of the 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 local
correctional facility.  If such woman is  confined  in  any  institution
under  the control of the department, the expense of such accommodation,
maintenance and medical care shall be paid by such woman  or  her  rela-
tives  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 individ-
ual  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 accommodations, 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.