S T A T E   O F   N E W   Y O R K
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                                  2274

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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

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

S. 2274                             2

when  such  woman  is  in  labor, admitted to a hospital, institution or
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.