senate Bill S983A

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 Via A6430 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2015 approval memo.25
signed chap.570
Dec 16, 2015 delivered to governor
Jun 23, 2015 returned to assembly
passed senate
substituted for s983a
Jun 23, 2015 substituted by a6430a
ordered to third reading cal.1873
committee discharged and committed to rules
May 28, 2015 print number 983a
May 28, 2015 amend and recommit to crime victims, crime and correction
Jan 07, 2015 referred to crime victims, crime and correction

Co-Sponsors

S983 - Details

See Assembly Version of this Bill:
A6430
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6296
2011-2012: S375
2013-2014: S2274, A7120

S983 - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

S983 - Sponsor Memo

S983 - Bill Text download pdf

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

                                   983

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced by Sens. MONTGOMERY, HOYLMAN -- read twice and ordered print-
  ed,  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.
                                                           LBD02990-01-5

Co-Sponsors

S983A (ACTIVE) - Details

See Assembly Version of this Bill:
A6430
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6296
2011-2012: S375
2013-2014: S2274, A7120

S983A (ACTIVE) - Summary

Relates to the restraint of pregnant female prisoners during childbirth.

S983A (ACTIVE) - Sponsor Memo

S983A (ACTIVE) - Bill Text download pdf

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

                                 983--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  MONTGOMERY,  HOYLMAN,  KRUEGER  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and  Correction  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02990-03-5

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