S T A T E O F N E W Y O R K
________________________________________________________________________
8333
2021-2022 Regular Sessions
I N A S S E M B L Y
October 20, 2021
___________
Introduced by M. of A. MEEKS -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to authorizing the
transfer of pregnant and postpartum incarcerated individuals to resi-
dential treatment facilities
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 72-d
to read as follows:
§ 72-D. PREGNANT AND POSTPARTUM INCARCERATED INDIVIDUALS. 1. THE
COMMISSIONER MAY AUTHORIZE THE TRANSFER TO A RESIDENTIAL TREATMENT
FACILITY ESTABLISHED UNDER SECTION SEVENTY-THREE OF THIS ARTICLE:
(A) FOR UP TO ONE YEAR OF POSTPARTUM, AN INCARCERATED INDIVIDUAL WHO
GAVE BIRTH WITHIN EIGHT MONTHS OF THE DATE OF COMMITMENT TO A CORREC-
TIONAL FACILITY; AND
(B) FOR THE DURATION OF THE PREGNANCY AND UP TO ONE YEAR POSTPARTUM,
AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
2. THE COMMISSIONER MAY CONDITIONALLY TRANSFER AN INCARCERATED INDI-
VIDUAL UNDER SUBDIVISION ONE OF THIS SECTION TO A RESIDENTIAL TREATMENT
FACILITY FOR THE PURPOSE OF PARTICIPATION IN PRENATAL OR POSTNATAL CARE
PROGRAMMING AND TO PROMOTE MOTHER-CHILD BONDING IN ADDITION TO OTHER
PROGRAMMING AS ESTABLISHED BY THE COMMISSIONER, INCLUDING BUT NOT LIMIT-
ED TO EVIDENCE-BASED PARENTING SKILLS PROGRAMMING; WORKING AT PAID
EMPLOYMENT; SEEKING EMPLOYMENT; OR PARTICIPATING IN VOCATIONAL TRAINING,
AN EDUCATION PROGRAM, OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT
SERVICES.
3. THE COMMISSIONER SHALL DEVELOP POLICY AND CRITERIA AND PROMULGATE
ANY RULES AND/OR REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION ACCORD-
ING TO PUBLIC SAFETY AND GENERALLY ACCEPTED CORRECTIONAL PRACTICE.
4. ON OR BEFORE THE FIRST OF APRIL EACH YEAR, THE COMMISSIONER SHALL
REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13034-01-1
A. 8333 2
ASSEMBLY ON THE NUMBER OF INCARCERATED INDIVIDUALS TRANSFERRED TO RESI-
DENTIAL TREATMENT FACILITIES PURSUANT TO THIS SECTION AND THE DURATION
OF SUCH TRANSFERS FOR THE PRIOR CALENDAR YEAR.
§ 2. Subdivision 1 of section 73 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
1. The commissioner may transfer any incarcerated individual of a
correctional facility who is eligible for community supervision or who
will become eligible for community supervision within six months after
the date of transfer [or], who has one year or less remaining to be
served under his or her sentence, OR WHO IS A PREGNANT OR POSTPARTUM
INCARCERATED INDIVIDUAL AUTHORIZED UNDER SECTION SEVENTY-TWO-D OF THIS
ARTICLE to a residential treatment facility and such person may be
allowed to go outside the facility during reasonable and necessary hours
to engage in any activity reasonably related to his or her rehabili-
tation and in accordance with the program established for him or her.
While outside the facility he or she shall be at all times in the custo-
dy of the department and under its supervision.
§ 3. This act shall take effect immediately.