Assembly Bill A4610

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4610
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law,  in  relation  to  providing  breast
   pumps to certain incarcerated nursing mothers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 611 of the correction law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  (A) IF A CHILD IS PERMITTED TO RETURN WITH OR ACCOMPANY ITS MOTHER
 TO AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY IN WHICH  A  MOTHER  IS
 CONFINED  OR  COMMITTED  PURSUANT  TO  THIS SECTION, SUCH INSTITUTION OR
 LOCAL CORRECTIONAL FACILITY SHALL PERMIT THE MOTHER  TO  BREASTFEED  HER
 CHILD  AND  SHALL  PROVIDE  THE  MOTHER  WITH  A BREAST PUMP AND RELATED
 COLLECTION AND STORAGE MATERIALS FOR ANY PERIOD DURING WHICH THE  MOTHER
 AND  HER  CHILD  REMAIN TOGETHER IN AN INSTITUTION OR LOCAL CORRECTIONAL
 FACILITY, BUT NOT BEYOND THE DATE ON WHICH SUCH CHILD REACHES  ONE  YEAR
 OF AGE. NOTWITHSTANDING THE FOREGOING, A MOTHER SHALL BE PROVIDED WITH A
 BREAST PUMP AND RELATED COLLECTION AND STORAGE MATERIALS UNTIL HER CHILD
 REACHES EIGHTEEN MONTHS OF AGE IF SUCH MOTHER IS CONFINED IN AN INSTITU-
 TION,  IS  TO BE PAROLED SHORTLY AFTER HER CHILD REACHES ONE YEAR OF AGE
 AND SUCH CHILD IS PERMITTED TO REMAIN AT THE INSTITUTION UNTIL ITS MOTH-
 ER IS PAROLED.
   (B) IF A CHILD IS NOT PERMITTED TO RETURN WITH OR ACCOMPANY ITS MOTHER
 TO AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY IN WHICH  A  MOTHER  IS
 CONFINED  OR  COMMITTED  TO  PURSUANT TO THIS SECTION, UNTIL THE DATE ON
 WHICH SUCH CHILD REACHES ONE YEAR OF  AGE,  SUCH  INSTITUTION  OR  LOCAL
 CORRECTIONAL  FACILITY  SHALL  PERMIT  THE  MOTHER  TO COLLECT AND STORE
 BREAST MILK UNTIL IT IS READY FOR CONSUMPTION,  AND  SHALL  PERMIT  SUCH
 MOTHER  TO  DESIGNATE  AN  INDIVIDUAL TO COLLECT STORED BREAST MILK FROM
 SUCH FACILITY AND DELIVER IT TO HER CHILD.  SUCH  INSTITUTION  OR  LOCAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00813-01-1
              

 A. 4610                             2
 
 CORRECTIONAL  FACILITY  SHALL  PROVIDE THE MOTHER WITH A BREAST PUMP AND
 RELATED COLLECTION AND STORAGE MATERIALS.
   (C)  EVERY  INSTITUTION  OR LOCAL CORRECTIONAL FACILITY SUBJECT TO THE
 PROVISIONS OF THIS SUBDIVISION SHALL OBTAIN THE SUPPLIES  AND  EQUIPMENT
 NECESSARY  TO  COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION WITHIN SIX
 MONTHS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. The commissioner of corrections and community  supervision  shall
 promulgate  rules  and  regulations  to  address the implementation of a
 uniform infant breastfeeding and lactation policy for  all  institutions
 and  local  correctional  facilities  in  this  state  that house female
 inmates. Such policy shall be based on currently accepted best practices
 in the field of correctional health care and  shall  include  provisions
 for  the  following: manual pumps, electric pumps and related collection
 and storage materials; designation of a clean, private room with  access
 to  electricity  for  the  use  of an electric pump, if preferred by the
 lactating inmate and  approved  by  the  superintendent;  education  for
 lactating  inmates  concerning breastfeeding and lactation care based on
 current best practices; peer counselors with experience in breastfeeding
 and who can provide support and advice; human milk expression,  disposal
 and  storage  for  later retrieval, if preferred by the lactating inmate
 and approved by the superintendent; and  medically  appropriate  support
 and  care  related to cessation of lactation or weaning. Inmates may not
 be forced to participate in any breastfeeding and lactation  policy  and
 may  not  be  subjected  to  negative  consequences  for choosing not to
 participate.
   § 3. This act shall take effect immediately.