Senate Bill S6695

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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2015-S6695 (ACTIVE) - Details

See Assembly Version of this Bill:
A9163
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L; amd §2, Chap of 2015 (as proposed in A.6430-A and S.983-A)

2015-S6695 (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

2015-S6695 (ACTIVE) - Sponsor Memo

2015-S6695 (ACTIVE) - Bill Text download pdf

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

                                  6695

                            I N  S E N A T E

                            February 5, 2016
                               ___________

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

AN ACT to amend the correction law, in  relation  to  the  restraint  of
  pregnant female prisoners during childbirth; and to amend a chapter of
  the laws of 2015 amending the correction law relating to the restraint
  of  female  prisoners  during  childbirth,  as proposed in legislative
  bills numbers A.6430-A and S.983-A

  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 a chapter of the laws of 2015  amending  the  correction  law
relating  to  the  restraint  of pregnant female prisoners during child-
birth, as proposed in legislative bills numbers A. 6430-A and S.  983-A,
is amended to read as follows:
  1.  (a)  If  a woman confined in any institution or local correctional
facility be pregnant and about to give birth to a child, the superinten-
dent or sheriff 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 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 of such woman,
a woman who is known to be pregnant BY CORRECTIONAL PERSONNEL OR PERSON-
NEL PROVIDING MEDICAL SERVICES TO THE INSTITUTION OR LOCAL  CORRECTIONAL
FACILITY,  or  a  woman  within  eight weeks after delivery or pregnancy
outcome [receives care], absent extraordinary circumstances in which:
  I. the superintendent or sheriff or his or her designee  in  consulta-
tion  with  the [chief medical officer] MEDICAL PROFESSIONAL RESPONSIBLE
FOR THE  INSTITUTION  has  made  an  individualized  determination  that
restraints  are necessary to prevent such woman from injuring herself or
medical or correctional personnel or others  and  cannot  reasonably  be
restrained by other means, including the use of additional personnel[.];
OR

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

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