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.
              

                                                           LBD13263-02-5

S. 6695                             2

  II.  THE CORRECTIONAL PERSONNEL DIRECTLY RESPONSIBLE FOR THE TRANSPORT
OF SUCH A  WOMAN  DETERMINE  THAT  AN  EMERGENCY  HAS  ARISEN  IN  WHICH
RESTRAINTS  ARE  NECESSARY  BECAUSE THE WOMAN POSES AN IMMEDIATE RISK OF
SERIOUS INJURY TO HERSELF OR MEDICAL OR CORRECTIONAL PERSONNEL OR OTHERS
AND CANNOT REASONABLY BE RESTRAINED BY OTHER MEANS.
  (B)  If a determination has been made PURSUANT TO SUBPARAGRAPH I OR II
OF PARAGRAPH (A) OF THIS SUBDIVISION  that  extraordinary  circumstances
exist  then  restraints shall be limited to [handcuffs] WRIST RESTRAINTS
in front of the body. The superintendent or sheriff or his or her desig-
nee PURSUANT TO SUBPARAGRAPH I OF PARAGRAPH (A) OF THIS  SUBDIVISION  OR
CORRECTIONAL  PERSONNEL  PURSUANT TO SUBPARAGRAPH II OF PARAGRAPH (A) OF
THIS SUBDIVISION shall document IN WRITING  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.
  (C)  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 institu-
tion 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  accommo-
dation,  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 coun-
ty, 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)] (D) Any woman confined in an institution or  local  correctional
facility shall receive notice in writing in a language and manner under-
standable  to her about the requirements of this section upon her admis-
sion 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. 6695                             3

  [(c)] (E) 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
assembly,  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,  INCLUDING  THE  REASON  SUCH  RESTRAINT  WAS USED, THE TYPE OF
RESTRAINT USED AND THE LENGTH OF TIME SUCH RESTRAINT WAS  USED  PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION, but shall exclude individual iden-
tifying information.  THE SHERIFF OF EACH COUNTY SHALL REPORT, IN A FORM
AND  MANNER  PRESCRIBED  BY THE COMMISSION, EVERY USE OF RESTRAINTS ON A
WOMAN UNDER THIS SECTION, INCLUDING THE REASON SUCH RESTRAINT WAS  USED,
THE  TYPE  OF  RESTRAINT  USED AND THE LENGTH OF TIME SUCH RESTRAINT WAS
USED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION,  ANNUALLY  TO  THE
COMMISSION.  THE COMMISSION SHALL INCLUDE SUCH INFORMATION IN ITS ANNUAL
REPORT PURSUANT TO SECTION FORTY-FIVE OF THIS CHAPTER, BUT SHALL EXCLUDE
IDENTIFYING INFORMATION FROM  SUCH  REPORT.  REPORTS  REQUIRED  BY  THIS
SECTION SHALL BE POSTED ON THE WEBSITES MAINTAINED BY THE DEPARTMENT AND
THE COMMISSION.
  S  2.  Section  2  of  a  chapter  of  the  laws  of 2015 amending the
correction law relating to the restraint of  pregnant  female  prisoners
during  childbirth,  as  proposed in legislative bills numbers A. 6430-A
and S.  983-A, is amended to read as follows:
  S 2. This act shall take effect  [immediately]  ON  THE  SIXTIETH  DAY
AFTER IT SHALL HAVE BECOME A LAW.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date  and  in  the
same manner as 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,
takes effect.