S T A T E O F N E W Y O R K
________________________________________________________________________
8764
2017-2018 Regular Sessions
I N A S S E M B L Y
November 3, 2017
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to establishing the
women's health education program for correctional facilities and
rights of pregnant inmates; to amend the public health law, in
relation to requiring certain testing to be offered; to amend the
correction law, in relation to providing pregnant inmates with access
to prenatal vitamins and a specialized diet; and to require the
department of health to collect data on women's health care in prisons
and publish a report
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 148-a
to read as follows:
§ 148-A. WOMEN'S HEALTH EDUCATION PROGRAM. THE COMMISSIONER OF
CORRECTIONS AND COMMUNITY SUPERVISION IS HEREBY AUTHORIZED AND DIRECTED
TO ASSIST AND COOPERATE WITH THE COMMISSIONER OF HEALTH AND THE COMMIS-
SIONER OF CHILDREN AND FAMILY SERVICES IN THE ESTABLISHMENT AND CONDUCT
OF A WOMEN'S HEALTH EDUCATION PROGRAM IN THE INSTITUTIONS AND FACILITIES
UNDER THEIR DIRECTION. SUCH PROGRAM SHALL EDUCATE INSTITUTION AND FACIL-
ITY MEDICAL STAFF FOCUSING ON THE SPECIFIC MEDICAL NEEDS OF WOMEN AND
PROVIDING PROFESSIONAL, RESPECTFUL AND INFORMED CARE FOR WOMEN, ESPE-
CIALLY THOSE WHO MAY BE VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL VIOLENCE.
§ 2. Paragraph (c) of subdivision 1 and subdivision 2 of section 611
of the correction law, paragraph (c) of subdivision 1 as amended by
chapter 17 of the laws of 2016 and subdivision 2 as amended by chapter
242 of the laws of 1930, are amended and a new subdivision 4 is added to
read as follows:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13693-01-7
A. 8764 2
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 WOMAN SHALL BE PERMITTED TO HAVE ONE SUPPORT
PERSON OF THEIR CHOOSING, INCLUDING ANOTHER INMATE, ACCOMPANY THEM INTO
THE DELIVERY ROOM DURING THE BIRTH OF THE CHILD. THE SUPERINTENDENT OR
SHERIFF OR HIS OR HER DESIGNEE SHALL CAUSE ANY INMATE PROVIDING SUPPORT
TO THE HEALTH OF THE WOMAN AND CHILD TO RETURN TO SUCH INSTITUTION OR
LOCAL CORRECTIONAL FACILITY AS SOON AFTER THE BIRTH OF THE CHILD AND
AFTER THE HEALTH OF THE WOMAN AND CHILD HAS BEEN ESTABLISHED. The super-
intendent 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, main-
tenance 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 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.
2. A child so born may be returned with its mother to the correctional
institution in which the mother is confined unless the chief medical
officer of the correctional institution shall certify that the mother is
physically unfit to care for the child, in which case the statement of
the said medical officer shall be final. A child may remain in the
correctional institution with its mother for such period as seems desir-
able for the welfare of such child, but not after it is one year of age,
provided, however, if the mother is in a state reformatory and is to be
paroled shortly after the child becomes one year of age, such child may
remain at the state reformatory until its mother is paroled, but in no
case after the child is eighteen months old. THE CORRECTIONAL INSTITU-
TION SHALL INFORM THE MOTHER OF HER ABILITY TO APPLY TO THE CHILDREN'S
CENTER PROGRAM AT BEDFORD HILLS CORRECTIONAL FACILITY PURSUANT TO REGU-
LATION. The officer in charge of such institution may cause a child
cared for therein with its mother to be removed from the institution at
any time before the child is one year of age. He shall make provision
for a child removed from the institution without its mother or a child
born to a woman inmate who is not returned to the institution with its
mother as hereinafter provided. He may, upon proof being furnished by
the father or other relatives of their ability to properly care for and
maintain such child, give the child into the care and custody of such
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father or other relatives, who shall thereafter maintain the same at
their own expense. If it shall appear that such father or other rela-
tives are unable to properly care for and maintain such child, such
officer shall place the child in the care of the commissioner of public
welfare or other officer or board exercising in relation to children the
power of a commissioner of public welfare of the county from which such
inmate was committed as a charge upon such county. The officer in charge
of the correctional institution shall send to such commissioner, officer
or board a report of all information available in regard to the mother
and the child. Such commissioner of public welfare or other officer or
board shall care for or place out such child as provided by law in the
case of a child becoming dependent upon the county.
4. ANY WOMAN CONFINED IN ANY INSTITUTION OR LOCAL CORRECTIONAL FACILI-
TY WHO IS KNOWN TO BE PREGNANT SHALL BE MADE AWARE OF HER OPTION TO
PARTICIPATE IN PREGNANCY COUNSELING SERVICES AS ESTABLISHED BY THE
DEPARTMENT OF CORRECTIONS, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, AND SHALL BE MADE AWARE OF HER RIGHT TO ABORTION SERVICES, BY
CORRECTIONAL PERSONNEL WHO ARE INVOLVED IN THE MEDICAL CARE OF INCARCER-
ATED WOMEN.
§ 3. Subdivision 1 of section 2308-a of the public health law, as
amended by section 38 of part E of chapter 56 of the laws of 2013, is
amended to read as follows:
1. The administrative officer or other person in charge of a clinic or
other facility providing gynecological, obstetrical, genito-urological,
contraceptive, sterilization or termination of pregnancy services or
treatment shall require the staff of such clinic or facility to offer to
administer to every resident of the state of New York coming to such
clinic or facility for such services or treatment, appropriate examina-
tions or tests for the detection of sexually transmitted diseases. FOR
THE PURPOSES OF THIS SUBDIVISION, THE TERM "FACILITY" SHALL INCLUDE A
CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF
THE CORRECTION LAW.
§ 4. Subdivision 2 of section 140 of the correction law, as added by
chapter 516 of the laws of 1995, is amended to read as follows:
2. Subject to the regulations of the department of health, routine
medical, dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES OR
TREATMENT FOR FEMALE INMATES AT LEAST ONCE PER YEAR, the administration
of medications or nutrition, the extraction of bodily fluids for analy-
sis, and dental care performed with a local anesthetic. Routine mental
health treatment shall not include psychiatric administration of medica-
tion unless it is part of an ongoing mental health plan or unless it is
otherwise authorized by law.
§ 5. Subdivision 2 of section 505 of the correction law, as added by
chapter 437 of the laws of 2013, is amended to read as follows:
2. Subject to the regulations of the department of health, routine
medical, dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation THE PROVISION OF GYNECOLOGICAL SERVICES OR
TREATMENT FOR FEMALE INMATES AT LEAST ONCE PER YEAR, the administration
of medications or nutrition, the extraction of bodily fluids for analy-
sis, and dental care performed with a local anesthetic. Routine mental
health treatment shall not include psychiatric administration of medica-
tion unless it is part of an ongoing mental health plan or unless it is
otherwise authorized by law.
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§ 6. The correction law is amended by adding a new section 140-a to
read as follows:
§ 140-A. PROVISION FOR ROUTINE PRENATAL CARE. IF A WOMAN CONFINED IN
ANY INSTITUTION OR LOCAL CORRECTIONAL FACILITY BE PREGNANT, SHE SHALL BE
PROVIDED WITH ROUTINE PRENATAL CARE FOR THE DURATION OF HER PREGNANCY.
FOR THE PURPOSES OF THIS SECTION, ROUTINE PRENATAL CARE SHALL MEAN A
TYPE OF PREVENTATIVE CARE WITH THE GOAL OF PROVIDING REGULAR CHECK-UPS
THAT ALLOW DOCTORS TO TREAT AND PREVENT POTENTIAL HEALTH PROBLEMS
THROUGHOUT THE COURSE OF THE PREGNANCY WHILE PROMOTING HEALTHY LIFE-
STYLES THAT BENEFIT BOTH MOTHER AND CHILD. FOR THE PURPOSES OF THIS
SECTION, ROUTINE PRENATAL CARE SHALL INCLUDE, BUT NOT BE LIMITED TO THE
PROVISION OF:
1. PRENATAL VITAMINS; AND
2. A SPECIALIZED DIET TAILORED TO THE NUTRITIONAL NEEDS OF THE PREG-
NANT INMATE.
§ 7. The commissioner of corrections and community supervision, in
conjunction with the commissioner of health shall promulgate such rules
and regulations as may be necessary to effectuate the provisions of
section six of this act.
§ 8. 1. The department of health, in cooperation with the department
of corrections and community supervision, shall conduct a study of
women's health care in prisons. Such study shall:
a. collect all available data relating to women's health care in pris-
ons;
b. determine how often women in prisons are being seen by a medical
professional;
c. determine how long it takes for women in prisons to be seen by a
medical professional;
d. identify what issues women in prisons are most often being seen
for;
e. determine the outcomes of women in prisons being seen by a medical
professional; and
f. investigate anything deemed relevant by the commissioner of health
or the commissioner of corrections and community supervision for the
purposes of this study.
2. Upon completion of the study required by subdivision one of this
section, the commissioner of health, or his or her designee, shall
prepare a report to be given to the governor and the legislature which
shall include the findings of such study. Such report shall be filed
within one year of the effective date of this act, unless the commis-
sioner of health requests in writing, an extension of time.
3. All other departments or agencies of the state or subdivisions
thereof, and local governments shall, at the request of the commissioner
of health or the commissioner of corrections and community supervision,
provide expertise, assistance, and data that will enable such commis-
sioner to carry out his or her powers and duties.
§ 9. This act shall take effect immediately; provided however, that:
1. Section two of this act shall take effect on the one hundred twen-
tieth day after it shall have become a law; provided however that,
effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of section two of
this act on its effective date are authorized to be made by the depart-
ment of corrections in consultation with the department of health on or
before such effective date; and
2. Section six of this act shall take effect on the one hundred eight-
ieth day after it shall have become a law.