|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to crime victims, crime and correction|
|Jan 15, 2013||referred to crime victims, crime and correction|
senate Bill S2274
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2274 (ACTIVE) - Details
S2274 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2274 TITLE OF BILL: An act to amend the correction law, in relation to the restraint of pregnant female prisoners during childbirth 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 under extraordinary circumstances where restraints are determined to be necessary to prevent such woman from injuring herself, or medical, or corrections personnel. SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 1, subdivision 1, of section 611 of the Correction Law as amended by chapter 411 of the laws of 2009 to prohibit the use of restraints on female prisoners during transport to medical facility when about to give birth except under extraordinary circumstances. 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.
S2274 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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
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