S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2155
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction
 
 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
 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.
                                                            LBD05721-01-3
 A. 2155                             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-x to
 read as follows:
   § 837-X.  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.