Senate Bill S7868

2019-2020 Legislative Session

Provides additional rights to pregnant inmates

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee


  • 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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2019-S7868 (ACTIVE) - Details

See Assembly Version of this Bill:
A9965
Current Committee:
Senate Women's Issues
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S399, A616

2019-S7868 (ACTIVE) - Summary

Allows pregnant inmates to have one support person in the delivery room; requires information on the nursery program, pregnancy counseling and abortion services.

2019-S7868 (ACTIVE) - Sponsor Memo

2019-S7868 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7868
 
                             I N  S E N A T E
 
                             February 27, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the correction law, in relation to the rights  of  preg-
   nant inmates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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
 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 HER CHOOSING ACCOMPANY HER INTO THE DELIVERY ROOM  DURING  THE
 BIRTH OF THE CHILD. 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 profes-
 sional 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 rela-
 tives 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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