Assembly Bill A6430

Signed By Governor
2015-2016 Legislative Session

Relates to the restraint of pregnant female prisoners during childbirth

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2015-A6430 - Details

See Senate Version of this Bill:
S983
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6296
2011-2012: S375
2013-2014: A7120, S2274

2015-A6430 - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

2015-A6430 - Bill Text download pdf

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

                                  6430

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

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.
                                                           LBD02990-01-5
              

co-Sponsors

2015-A6430A (ACTIVE) - Details

See Senate Version of this Bill:
S983
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6296
2011-2012: S375
2013-2014: A7120, S2274

2015-A6430A (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

2015-A6430A (ACTIVE) - Bill Text download pdf

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

                                 6430--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A. PERRY, ROZIC -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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. (A) If a woman confined in any institution [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 superintendent [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 accommo-
dations,  maintenance and medical care elsewhere, under such supervision
and safeguards to prevent her escape from custody as the  superintendent
or  sheriff  or  his or her designee may determine. No restraints of any
kind shall be used during transport [to or from the  hospital,  institu-
tion  or  clinic where] OF such woman [receives care; provided, however,
in  extraordinary  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 main-
tain written findings as to the reasons for such use], A  WOMAN  WHO  IS
KNOWN  TO  BE  PREGNANT  OR A WOMAN WITHIN EIGHT WEEKS AFTER DELIVERY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02990-02-5
              

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