NY State Senate Bill S983A

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

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

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

BILL NUMBER:S983

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.

A 1999 press release from Amnesty International included a quote from
a pregnant female prisoner in Cook County Chicago Illinois. She
described how while in labor, her feet were shackled and, as a result,
was unable to facilitate the birth of her baby. Ultimately, the
officer had to be summoned to unlock the shackles before the baby
could be born. Accordingly, this bill is designed to ensure the
protection of pregnant prisoners and their unborn child.

PRIOR LEGISLATIVE HISTORY:

2000: S.7856/A.10807
2001-2002: S.80/A.3292
2003-2004: S.169/A.5134
2005-2006: S.6895/A.3804
2007-2008: S.2115/A.4105
2009-2010: S.6296/A.9188 - Referred to Senate Crime Victims, Crime and
Correction. Committee/Referred to Assembly Correction Committee
2011-2012: S.375 - Died in Committee;
2013-2014: S.2274 Died in Committee.

FISCAL IMPLICATIONS:

No fiscal implications to the state.

EFFECTIVE DATE:


This act shall take effect immediately.

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

S. 983                              2

when such woman is in labor, admitted  to  a  hospital,  institution  or
clinic  for delivery, or recovering after giving birth. Any such person-
nel as may be necessary to supervise the woman during transport  to  and
from and during her stay at the hospital, institution or clinic shall be
provided  to ensure adequate care, custody and control of the woman. The
superintendent or sheriff or his or her designee shall cause such  woman
to be subject to return to such institution or local correctional facil-
ity as soon after the birth of her child as the state of her health will
permit  as  determined  by  the medical professional responsible for the
care of such woman.  If such woman is confined in a  local  correctional
facility,  the  expense  of  such accommodation, maintenance and medical
care shall be paid by such woman or her relatives or from any  available
funds  of the local correctional facility and if not available from such
sources, shall be a charge upon the county, city or  town  in  which  is
located  the  court  from  which such inmate was committed to such local
correctional facility.  If such woman is  confined  in  any  institution
under  the control of the department, the expense of such accommodation,
maintenance and medical care shall be paid by such woman  or  her  rela-
tives  and  if  not  available  from  such sources, such maintenance and
medical care shall be paid by the state. In cases where payment of  such
accommodations,  maintenance  and medical care is assumed by the county,
city or town from which such inmate was committed the payor  shall  make
payment by issuing payment instrument in favor of the agency or individ-
ual  that provided such accommodations and services, after certification
has been made by the head of the institution to  which  the  inmate  was
legally  confined, that the charges for such accommodations, maintenance
and medical care were necessary and are just, and that  the  institution
has no available funds for such purpose.
  S 2. This act shall take effect immediately.

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

BILL NUMBER:S983A

TITLE OF BILL:

An act to amend the correction law, in relation to the restraint of
pregnant female prisoners during childbirth

PURPOSE:

To strengthen the prohibition against shackling women prisoners during
labor.

SUMMARY OF PROVISIONS:

Section 1 amends Correction Law § 611 to clarify the exception to the
rule against shackling women in labor and to expand the anti-shackling
law to include any pregnant woman or woman during a postpartum period
of 8 weeks.

Section 2 provides an effective date.

JUSTIFICATION:

In 2009 the State Legislature amended section 611 of the correction
law to specify that women prison and jail inmates who are in labor
cannot be shackled during transport to the place where they will give

birth or during labor, delivery and recovery absent extraordinary
circumstances. In spite of this legislation, incarcerated women are
still sometimes being shackled illegally during transport, labor and
delivery. The intention of this bill is to require preapproval of
shackling by the superintendent of a prison or a county sheriff and to
remove the authority for deciding there are extraordinary
circumstances from the correctional staff providing transportation or
accompanying a woman into a hospital. The bill also expands the
prohibition against shackling to include pregnant women in general and
women who are up to eight weeks postpartum. It also requires that
notice of this section of the law be given to all women in
correctional facilities upon admission and to any woman who is known
to be pregnant. The bill also requires an annual report to the
Legislature about the circumstances under which women are shackled
pursuant to the extraordinary circumstances exception.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.

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

S. 983--A                           2

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
PREGNANCY  OUTCOME  RECEIVES  CARE ABSENT EXTRAORDINARY CIRCUMSTANCES IN
WHICH  THE SUPERINTENDENT OR SHERIFF OR HIS OR HER DESIGNEE IN CONSULTA-
TION WITH THE CHIEF MEDICAL OFFICER HAS MADE AN INDIVIDUALIZED  DETERMI-
NATION 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. IF A DETERMINATION HAS BEEN MADE THAT  EXTRAORDINARY  CIRCUM-
STANCES  EXIST THEN RESTRAINTS SHALL BE LIMITED TO HANDCUFFS IN FRONT OF
THE BODY. THE SUPERINTENDENT OR SHERIFF OR HIS  OR  HER  DESIGNEE  SHALL
DOCUMENT THE FACTS UPON WHICH THE FINDING OF EXTRAORDINARY CIRCUMSTANCES
WERE BASED WITHIN FIVE DAYS OF THE USE OF SUCH RESTRAINTS AND SHALL ALSO
DOCUMENT  THE  TYPE  OF  RESTRAINTS  USED  AND  THE  LENGTH OF TIME SUCH
RESTRAINTS WERE USED. No restraints of any kind shall be used when  such
woman  is  in  labor,  admitted to a hospital, institution or clinic for
delivery, or recovering after giving birth. Any such personnel as may be
necessary to supervise the woman during transport to and from and during
her stay at the hospital, institution or clinic  shall  be  provided  to
ensure  adequate  care, custody and control of the woman, EXCEPT THAT NO
CORRECTIONAL STAFF SHALL BE PRESENT IN  THE  DELIVERY  ROOM  DURING  THE
BIRTH  OF  A BABY UNLESS REQUESTED BY THE MEDICAL STAFF SUPERVISING SUCH
DELIVERY OR BY THE WOMAN GIVING BIRTH. The superintendent or sheriff  or
his  or  her  designee shall cause such woman to be subject to return to
such institution or local correctional facility as soon after the  birth
of her child as the state of her health will permit as determined by the
medical  professional  responsible  for  the care of such woman. If such
woman is confined in a local correctional facility, the expense of  such
accommodation,  maintenance and medical care shall be paid by such woman
or her relatives or from any available funds of the  local  correctional
facility  and if not available from such sources, shall be a charge upon
the county, city or town in which is located the court from  which  such
inmate  was committed to such local correctional facility. If such woman
is confined in any institution under the control of the department,  the
expense  of  such  accommodation,  maintenance and medical care shall be
paid by such woman or her relatives  and  if  not  available  from  such
sources,  such  maintenance and medical care shall be paid by the state.
In cases where payment of such accommodations, maintenance  and  medical
care  is  assumed by the county, city or town from which such inmate was
committed the payor shall make payment by issuing payment instrument  in
favor  of the agency or individual that provided such accommodations and
services, after certification has been made by the head of the  institu-
tion to which the inmate was legally confined, that the charges for such
accommodations,  maintenance  and  medical  care  were necessary and are
just, and that the institution has no available funds for such purpose.
  (B) ANY WOMAN CONFINED IN AN INSTITUTION OR LOCAL CORRECTIONAL FACILI-
TY SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER  UNDERSTAND-
ABLE TO HER ABOUT THE REQUIREMENTS OF THIS SECTION UPON HER ADMISSION TO
AN  INSTITUTION  OR  LOCAL  CORRECTIONAL  FACILITY AND AGAIN WHEN SHE IS
KNOWN TO BE PREGNANT. THE SUPERINTENDENT OR SHERIFF SHALL PUBLISH NOTICE
OF THE REQUIREMENTS OF THIS SECTION IN PROMINENT LOCATIONS WHERE MEDICAL
CARE IS PROVIDED. THE DEPARTMENT AND THE SHERIFF  SHALL  PROVIDE  ANNUAL
TRAINING ON PROVISIONS OF THIS SECTION TO ALL CORRECTIONAL PERSONNEL WHO
ARE  INVOLVED  IN  THE  TRANSPORTATION,  SUPERVISION  OR MEDICAL CARE OF
INCARCERATED WOMEN.

S. 983--A                           3

  (C) THE DEPARTMENT AND SHERIFF SHALL REPORT ANNUALLY TO THE  GOVERNOR,
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEM-
BLY,  THE  CHAIRPERSON OF THE SENATE CRIME VICTIMS, CRIME AND CORRECTION
COMMITTEE  AND  THE  CHAIRPERSON  OF  THE  ASSEMBLY CORRECTION COMMITTEE
CONCERNING EVERY USE OF RESTRAINTS ON A WOMAN  UNDER  THIS  SECTION  BUT
SHALL EXCLUDE INDIVIDUAL IDENTIFYING INFORMATION.
  S 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S983A

Sponsored By

Archive: Last Bill Status Via A6430 - Signed by Governor

Your Voice

Actions

Votes

Jun 23, 2015 - floor Vote

Floor Vote: Jun 23, 2015

Jun 23, 2015 - Rules committee Vote

Rules Committee Vote: Jun 23, 2015

Bill Amendments

Co-Sponsors

S983 - Details

S983 - Summary

S983 - Sponsor Memo

S983 - Bill Text download pdf

Co-Sponsors

S983A (ACTIVE) - Details

S983A (ACTIVE) - Summary

S983A (ACTIVE) - Sponsor Memo

S983A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S983A

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status Via A6430 - Signed by Governor

Your Voice

Actions

Votes

Jun 23, 2015 - floor Vote

Floor Vote: Jun 23, 2015

Jun 23, 2015 - Rules committee Vote

Rules Committee Vote: Jun 23, 2015

Bill Amendments

Co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

S983 - Details

S983 - Summary

S983 - Sponsor Memo

S983 - Bill Text download pdf

Co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Kathleen A. Marchione

S983A (ACTIVE) - Details

S983A (ACTIVE) - Summary

S983A (ACTIVE) - Sponsor Memo

S983A (ACTIVE) - Bill Text download pdf

Comments