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Senate Bill S435

2015-2016 Legislative Session

Relates to pregnant inmates

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2015-S435 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง137, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7461
2017-2018: S2515

2015-S435 (ACTIVE) - Summary

Provides that where the department of corrections knows that an inmate is pregnant, there shall be a presumption against placement in segregated confinement or other restricted confinement unless there are exceptional circumstances which would create an unacceptable risk to the safety and security of other inmates or staff.

2015-S435 (ACTIVE) - Sponsor Memo

2015-S435 (ACTIVE) - Bill Text download pdf 

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

                                   435

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 pregnant inmates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 6 of  section  137  of
the  correction  law,  as  amended  by chapter 1 of the laws of 2008, is
amended to read as follows:
  Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
vision, the superintendent of  a  correctional  facility  may  keep  any
inmate  confined  in  a  cell  or  room,  apart  from the accommodations
provided for inmates who are participating in programs of the  facility,
for  such  period as may be necessary for maintenance of order or disci-
pline, but in any such case the following conditions shall be observed:
  S 2. Subdivision 6 of section 137 of the correction law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  FOR AN INMATE KNOWN BY THE DEPARTMENT TO BE PREGNANT, THERE SHALL
BE A PRESUMPTION AGAINST PLACEMENT IN SEGREGATED  CONFINEMENT  OR  OTHER
RESTRICTED  CONFINEMENT UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES WHICH
WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECURITY  OF  OTHER
INMATES OR STAFF.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01367-01-5

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