NY State Assembly Bill 2021-A8137A

Assembly Bill A8137A

2021-2022 Legislative Session

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation

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Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2022	print number 8137a
Apr 20, 2022	amend (t) and recommit to correction
Jan 05, 2022	referred to correction
Jun 11, 2021	referred to correction

Bill Amendments

Original

A (Active)

2021-A8137 - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §611, Cor L; add §837-w, Exec L
Versions Introduced in 2023-2024 Legislative Session:: A2155

2021-A8137 - Summary

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

2021-A8137 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8137
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction
 
 AN ACT amend the correction law and the executive law,  in  relation  to
   prohibiting  the  use  of  shackles  on  inmates  during labor, absent
   extraordinary circumstances, and on pregnant women during a  custodial
   interrogation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of  subdivision  1  of  section  611  of  the
 correction law, as amended by chapter 17 of the laws of 2016, is amended
 to read as follows:
   (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, absent extraordinary circumstances in which[:
   i. the superintendent or sheriff or his or her designee  in  consulta-
 tion  with  the 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.
                                                            LBD11617-01-1

 A. 8137                             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.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W.  USE OF SHACKLES ON PREGNANT WOMEN; CUSTODIAL  INTERROGATION.
 WHERE A PREGNANT WOMAN IS SUBJECT TO CUSTODIAL INTERROGATION BY A POLICE
 OFFICER  AT  A  DETENTION FACILITY, THE USE OF SHACKLES ON SUCH PREGNANT
 WOMAN SHALL  BE  PROHIBITED  FOR  THE  ENTIRE  CUSTODIAL  INTERROGATION,
 INCLUDING  THE  GIVING OF ANY REQUIRED ADVICE OF THE RIGHTS OF THE INDI-
 VIDUAL BEING QUESTIONED AND THE WAIVER OF ANY RIGHTS BY THE  INDIVIDUAL.
 FOR PURPOSES OF THIS SECTION, THE TERM "DETENTION FACILITY" SHALL MEAN A
 POLICE  STATION,  CORRECTIONAL FACILITY, HOLDING FACILITY FOR PRISONERS,
 PROSECUTOR'S  OFFICE  OR  OTHER  FACILITY  WHERE  PERSONS  ARE  HELD  IN
 DETENTION  IN  CONNECTION WITH CRIMINAL CHARGES THAT HAVE BEEN OR MAY BE
 FILED AGAINST THEM.
   § 3. This act shall take effect immediately.

2021-A8137A (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §611, Cor L; add §837-w, Exec L
Versions Introduced in 2023-2024 Legislative Session:: A2155

2021-A8137A (ACTIVE) - Summary

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

2021-A8137A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8137--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction -- recommitted to the Committee on  Correction
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN ACT to amend the correction law and the executive law, in relation to
   prohibiting  the  use of restraints on incarcerated individuals during
   labor, absent extraordinary circumstances,  and  on  pregnant  persons
   during a custodial interrogation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of  subdivision  1  of  section  611  of  the
 correction law, as amended by chapter 17 of the laws of 2016, is amended
 to read as follows:
   (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, absent extraordinary circumstances in which[:
   i. the superintendent or sheriff or his or her designee  in  consulta-
 tion  with  the 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11617-02-2

 A. 8137--A                          2

 personnel or others and cannot reasonably be restrained by other  means,
 including the use of additional personnel; or
   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.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W.  USE OF RESTRAINTS ON PREGNANT AND POST-PREGNANT  PERSONS  BY
 LAW  ENFORCEMENT.  WHERE A PERSON WHO IS PREGNANT, IN LABOR OR DELIVERY,
 OR TWELVE WEEKS POST-PREGNANCY IS IN THE  CUSTODY  OF  LAW  ENFORCEMENT,
 SUBJECT  TO  CUSTODIAL  INTERROGATION,  OR  HAS  THEIR FREEDOM OF ACTION
 RESTRICTED BY LAW  ENFORCEMENT  IN  ANY  SIGNIFICANT  WAY,  THE  USE  OF
 RESTRAINTS OF ANY KIND BY LAW ENFORCEMENT PERSONNEL SHALL BE PROHIBITED.
 THE  PROVISIONS  OF  THIS  SECTION  SHALL  AT  MINIMUM  APPLY  TO POLICE
 STATIONS, CORRECTIONAL FACILITIES,  HOLDING  FACILITIES  FOR  PRISONERS,
 PROSECUTORS'  OFFICES,  MEDICAL  AREAS  AND  HOSPITALS, AND ANY FACILITY
 WHERE PERSONS ARE HELD IN DETENTION IN CONNECTION WITH CRIMINAL OR JUVE-
 NILE DELINQUENCY CHARGES THAT HAVE BEEN OR MAY BE FILED AGAINST THEM, AS
 WELL AS DURING TRANSFER TO AND FROM SUCH LOCATIONS. A  PERSON'S  DISCLO-
 SURE OF THEIR STATUS SHALL SERVE AS SUFFICIENT NOTICE TO LAW ENFORCEMENT
 UNDER  THIS  PROVISION.  A  PERSON  CLAIMING  TO HAVE BEEN RESTRAINED IN
 VIOLATION OF THIS SECTION SHALL HAVE  A  PRIVATE  RIGHT  OF  ACTION  FOR
 APPROPRIATE RELIEF INCLUDING DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF,
 REASONABLE  ATTORNEY'S  FEES AND COSTS, AND OTHER EQUITABLE RELIEF WHICH
 THE COURT DEEMS PROPER.
   § 3. This act shall take effect immediately.

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