S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3483
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, KELLES -- 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 birth parents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  2,  3,  and  4  of  section  611 of the
 correction law, subdivision 1 as amended by chapter 17 of  the  laws  of
 2016,  paragraph  (c)  of  subdivision 1 and subdivision 2 as separately
 amended by chapters 322 and 621 of the laws of 2021,  subdivision  3  as
 amended by chapter 242 of the laws of 1930, and subdivision 4 as amended
 by chapter 486 of the laws of 2022, are amended to read as follows:
   1.  (a)  If  a  [woman]  PERSON  confined  in any institution or local
 correctional facility be pregnant and about to give birth  to  a  child,
 the superintendent or sheriff in charge of such institution or facility,
 a  reasonable  time  before  the  anticipated birth of such child, shall
 cause such [woman] PERSON to be removed from such institution or facili-
 ty and provided with comfortable accommodations, maintenance and medical
 care elsewhere, under such supervision and safeguards to  prevent  [her]
 THEIR  escape  from  custody as the superintendent or sheriff or [his or
 her] THEIR designee may determine. No restraints of any  kind  shall  be
 used  [during transport of] ON such [woman] PERSON, a [woman] PERSON who
 is known to be pregnant by correctional personnel or personnel providing
 medical services to the institution or local correctional facility, or a
 [woman] PERSON within eight weeks after delivery or  pregnancy  outcome,
 absent extraordinary circumstances in which, DURING TRANSPORT:
   i.  the  superintendent  or  sheriff or [his or her] THEIR designee in
 consultation with the medical professional responsible for the  institu-
 tion has made an individualized determination that restraints are neces-
 sary  to  prevent such [woman] PERSON from injuring [herself] THEMSELVES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01366-03-3
 A. 3483                             2
              

 
 or medical or correctional 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] PERSON determine that an emergency has arisen in which
 restraints are necessary because the [woman] PERSON poses  an  immediate
 risk of serious injury to [herself] THEMSELVES or medical or correction-
 al  personnel  or  others  and  cannot reasonably be restrained by other
 means.
   (b) If a determination has been made pursuant to subparagraph i or  ii
 of  paragraph  (a)  of this subdivision that extraordinary circumstances
 exist then restraints shall be limited to wrist restraints in  front  of
 the  body.  The superintendent or sheriff or [his or her] THEIR designee
 pursuant to subparagraph i of  paragraph  (a)  of  this  subdivision  or
 correctional  personnel  pursuant to subparagraph ii of paragraph (a) of
 this subdivision shall document in writing  the  facts  upon  which  the
 finding  of  extraordinary  circumstances were based within five days of
 the use  of  such  restraints  and  shall  also  document  the  type  of
 restraints used and the length of time such restraints were used.
   (c)  I.  No  restraints  of  any  kind shall be used when such [woman]
 PERSON is in labor, admitted to a hospital[,  institution]  or  [clinic]
 MEDICAL  FACILITY  for  delivery,  or recovering after giving birth. Any
 such personnel as may be  necessary  to  supervise  the  [woman]  PERSON
 during  transport  to and from and during [her] THEIR stay at the hospi-
 tal[, institution] or [clinic] MEDICAL FACILITY  shall  be  provided  to
 ensure  adequate care[,] AND custody [and control] of the [woman, except
 that no] PERSON.
   II. NO correctional staff shall be  present  [in  the  delivery  room]
 during the birth of a baby OR DURING COUNSELING AND MEDICAL CARE RELATED
 TO  THE PREGNANCY AND ALL PREGNANCY OUTCOMES INCLUDING ABORTION, MISCAR-
 RIAGE, AND STILLBIRTH unless requested by the medical  staff  [supervis-
 ing]  PROVIDING  such  [delivery]  CARE  or  by the [woman giving birth]
 PERSON RECEIVING SUCH CARE.  [The woman] A PERSON WHO IS PREGNANT AND IN
 CUSTODY OF AN  INSTITUTION  OR  LOCAL  CORRECTIONAL  FACILITY  shall  be
 permitted  to  have  at least one support person of [her] THEIR choosing
 accompany [her in the delivery room and when such woman is in labor  and
 recovering  after  giving  birth] THEM TO A HOSPITAL OR MEDICAL FACILITY
 FOR LABOR, BIRTH, AND COUNSELING AND MEDICAL CARE RELATED  TO  PREGNANCY
 AND  ALL  PREGNANCY  OUTCOMES INCLUDING ABORTION, MISCARRIAGE AND STILL-
 BIRTH AND SHALL BE PERMITTED TO REMAIN WITH SUCH SUPPORT PERSON FOR  THE
 DURATION  OF  THEIR  STAY IN THE HOSPITAL OR MEDICAL FACILITY SUBJECT TO
 THE VISITING RULES OF  THAT  HOSPITAL  OR  MEDICAL  FACILITY.  [A]  SUCH
 support  person  shall  not need to have visited the [woman] PERSON THEY
 ARE SUPPORTING at [a] AN  INSTITUTION  OR  LOCAL  correctional  facility
 prior  to serving as a support person[.  A person] AND may not be denied
 eligibility to serve as a support person solely on the basis of  a  past
 criminal  conviction or that such SUPPORT person is on probation, condi-
 tional release, parole or post release supervision. Any decision  by  an
 [agency]  INSTITUTION OR LOCAL CORRECTIONAL FACILITY to deny a [woman's]
 request [to have] FOR a specific SUPPORT  person  [serve  as  a  support
 person] shall be made with reasons specified in writing within five days
 of  [her] THE request and promptly provided to the [woman] PERSON MAKING
 THE REQUEST. [A] SUCH support person shall be notified immediately after
 [such woman] THE PERSON THEY ARE SUPPORTING goes into labor,  [or  imme-
 diately after a] IS SCHEDULED FOR LABOR INDUCTION OR A caesarean section
 [or  termination],  IS IDENTIFIED AS HAVING A MISCARRIAGE OR STILLBIRTH,
 OR is scheduled FOR MEDICAL CARE FOR ANY  PREGNANCY  OUTCOME,  INCLUDING
 A. 3483                             3
 
 ABORTION,  MISCARRIAGE, AND STILLBIRTH. If available, a doula[, midwife]
 or other birthing support specialist may also assist during labor [and],
 delivery [in addition to at least one  support  person  of  the  woman's
 choosing.  Any  woman confined in a state or local correctional facility
 shall receive notice in writing in a language and manner  understandable
 to her about the requirements of this section upon her admission to such
 state  or  local correctional facility and again when she is known to be
 pregnant. The superintendent or sheriff  shall  publish  notice  of  the
 requirements  of  this section in prominent locations where medical care
 is provided], POST-PARTUM RECOVERY, AND  DURING  MEDICAL  CARE  FOR  AND
 RECOVERY  FROM  ANY  OTHER PREGNANCY OUTCOME INCLUDING ABORTION, MISCAR-
 RIAGE AND STILLBIRTH. The superintendent or  sheriff  or  [his  or  her]
 THEIR  designee  shall cause such [woman] PERSON to be subject to return
 to such institution or local correctional facility  as  soon  after  the
 birth  of  [her]  THEIR  child  as  the state of [her] THEIR health will
 permit as determined by the medical  professional  responsible  for  the
 care  of  such  [woman]  PERSON.   [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 relatives or from
 any available funds of the local correctional facility and if not avail-
 able from such sources, shall be a charge upon the county, city or  town
 in  which  is  located the court from which such incarcerated individual
 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  woman  or  her  relatives and if not available from such
 sources, such maintenance and medical care shall be paid by  the  state.
 In  cases  where payment of such accommodations, maintenance and medical
 care is assumed by the county, city or town from which such incarcerated
 individual was committed the payor shall make payment by issuing payment
 instrument in favor of the  agency  or  individual  that  provided  such
 accommodations  and  services,  after certification has been made by the
 head of the institution to which the incarcerated individual was legally
 confined, that the charges  for  such  accommodations,  maintenance  and
 medical  care  were necessary and are just, and that the institution has
 no available funds for such purpose.]
   (d) [Any woman confined in an institution or local correctional facil-
 ity shall receive notice in writing in a language and manner understand-
 able to her about the requirements of this section upon her admission to
 an institution or local correctional facility  and  again  when  she  is
 known to be pregnant. The superintendent or sheriff shall publish notice
 of the requirements of this section in prominent locations where medical
 care  is  provided.  The department and the sheriff shall provide annual
 training on provisions of this section to all correctional personnel who
 are involved in the  transportation,  supervision  or  medical  care  of
 incarcerated women.
   (e)]  The department shall report annually to the governor, the tempo-
 rary president of the senate, the minority leader  of  the  senate,  the
 speaker of the assembly, the minority leader of the assembly, the chair-
 person  of  the senate crime victims, crime and correction committee and
 the chairperson of the assembly correction  committee  concerning  every
 use  of restraints on a [woman] PERSON under this section, including the
 reason such restraint was used, the  type  of  restraint  used  and  the
 length of time such restraint was used pursuant to paragraph (b) of this
 subdivision,  but  shall exclude individual identifying information. The
 sheriff of each county shall report, in a form and manner prescribed  by
 A. 3483                             4
 
 the  commission,  every use of restraints on a [woman] PERSON under this
 section, including the reason such  restraint  was  used,  the  type  of
 restraint  used  and the length of time such restraint was used pursuant
 to  paragraph  (b)  of this subdivision, annually to the commission. The
 commission shall include such information in its annual report  pursuant
 to  section  forty-five  of  this chapter, but shall exclude identifying
 information from such report. Reports required by this section shall  be
 posted on the websites maintained by the department and the commission.
   2.  (A) A child so born may be returned with its [mother] BIRTH PARENT
 to the [correctional] institution [in which the mother is  confined]  OR
 LOCAL  CORRECTIONAL  FACILITY  unless  the  chief medical officer of the
 [correctional] institution OR LOCAL CORRECTIONAL FACILITY shall  certify
 that  [the  mother]  SUCH  PARENT  is physically unfit to care for [the]
 THEIR child, in which case the statement of  the  said  medical  officer
 shall  be final. A child may remain in the [correctional] institution OR
 LOCAL CORRECTIONAL FACILITY with its [mother] PARENT for such period  as
 seems  desirable for the welfare of such child, but not after it is [one
 year] TWENTY-FOUR MONTHS of age, provided, however, if the [mother is in
 a state reformatory and] PARENT is  to  be  [paroled]  RELEASED  shortly
 after the child becomes [one year] TWENTY-FOUR MONTHS of age, such child
 may  remain at the [state reformatory] INSTITUTION OR LOCAL CORRECTIONAL
 FACILITY until its [mother] PARENT is [paroled] RELEASED, but in no case
 after the child is [eighteen] THIRTY months old. If a  pregnant  [woman]
 PERSON  or  [mother] THE BIRTH PARENT of a child under the age of [eigh-
 teen] THIRTY months is incarcerated at [a state] AN INSTITUTION or local
 correctional facility, the department shall inform [her] SUCH PERSON  of
 [her]  THEIR  ability to apply to any nursery program run by the depart-
 ment [and] OR the locality. [Any woman confined  in  a  state  or  local
 correctional  facility shall receive notice in writing in a language and
 manner understandable to her about the requirements of this section upon
 her admission to a state or local correctional facility and  again  when
 she is known to be pregnant. The superintendent or sheriff shall publish
 notice  of the requirements of this section in prominent locations where
 medical care is provided.]
   (B) The officer in charge of [such] AN institution  OR  LOCAL  CORREC-
 TIONAL  FACILITY  may  cause a child cared for therein with its [mother]
 BIRTH PARENT to be removed from the institution  OR  LOCAL  CORRECTIONAL
 FACILITY  at  any time before the child is [one year] TWENTY-FOUR MONTHS
 of age IF, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, THE  OFFI-
 CER  FINDS THAT THE CHILD'S PARENT IS PHYSICALLY UNFIT TO CARE FOR THEIR
 CHILD OR IF REMAINING IN THE INSTITUTION OR LOCAL CORRECTIONAL  FACILITY
 IS  NO  LONGER  DESIRABLE FOR THE WELFARE OF THE CHILD. [He or she shall
 make provision for a child removed  from  the  institution  without  its
 mother  or  a  child  born to a woman incarcerated individual who is not
 returned to the institution with its mother as hereinafter provided.  He
 or  she]  SUCH  OFFICER  may, upon proof being furnished by the [father]
 OTHER PARENT or [other] relatives of their ability to properly care  for
 and  maintain  such  child,  give the child into the care and custody of
 such [father] OTHER PARENT or [other] relatives,  who  shall  thereafter
 maintain  the  same  at  their own expense. If it shall appear that such
 [father] OTHER PARENT or [other] relatives are unable to  properly  care
 for  and  maintain such child, such officer shall place the child in the
 care of the commissioner of public welfare or  other  officer  or  board
 exercising in relation to children the power of a commissioner of public
 welfare  of  the county from which such incarcerated [individual] PARENT
 was committed as a charge upon  such  county.  [The]  SUCH  officer  [in
 A. 3483                             5

 charge of the correctional institution] shall send to such commissioner,
 officer  or board a report of all information available in regard to the
 [mother] INCARCERATED PARENT and [the] THEIR  child.  Such  commissioner
 [of  public  welfare or other], officer or board shall care for or place
 out such child as provided by law  in  the  case  of  a  child  becoming
 dependent upon the county.
   3.  If  any [woman,] BIRTH PARENT committed to [any such correctional]
 AN institution OR LOCAL  CORRECTIONAL  FACILITY  at  the  time  of  such
 commitment  is  [the  mother]  OR WAS A PRIMARY CAREGIVER of a [nursing]
 child [in her care] under [one year] TWENTY-FOUR  MONTHS  of  age,  such
 child  may  [accompany her to] JOIN THEM IN such institution [if she] OR
 LOCAL CORRECTIONAL FACILITY, PROVIDED THAT SUCH PARENT is physically fit
 to have the care of such child[,  subject  to]  AND  SUCH  PLACEMENT  IS
 DESIRABLE FOR THE WELFARE OF THE CHILD CONSISTENT WITH the provisions of
 subdivision  two  of  this  section. [If any woman committed to any such
 institution at the time of such commitment is  the  mother  of  and  has
 under  her  exclusive care a child more than one year of age the justice
 or magistrate committing such  woman  shall  refer  such  child  to  the
 commissioner  of  public welfare or other officer or board exercising in
 relation to children the power of a commissioner of  public  welfare  of
 the county from which the woman is committed to be cared for as provided
 by law in the case of a child becoming dependent upon the county.]
   4.  Upon  admitting  a  [woman]  PERSON  known to be pregnant, or upon
 learning [of pregnancy  status]  THAT  PERSON  IS  PREGNANT,  the  chief
 medical  officer of each [correctional facility housing female incarcer-
 ated individuals, including] INSTITUTION AND  the  medical  professional
 responsible  for each local correctional facility [housing female incar-
 cerated individuals], or such officer or professional's designee,  shall
 immediately  [inform]  PROVIDE  SUCH  PERSON  WITH  SUPPORTIVE PREGNANCY
 OPTIONS COUNSELING CONSISTENT WITH THEIR REPRODUCTIVE RIGHTS AS OUTLINED
 IN SECTION TWENTY-FIVE HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH  LAW,
 INCLUDING  INFORMING such [woman] PERSON of [the option of participating
 in pregnancy counseling services and the  right  to  abortion  services]
 THEIR  RIGHT  TO  RECEIVE  AN ABORTION AND THEIR RIGHT TO CONTINUE THEIR
 PREGNANCY FREE FROM DISCRIMINATION. IF SUCH PERSON CHOOSES  TO  CONTINUE
 THEIR  PREGNANCY, THEY SHALL BE INFORMED ABOUT THE EXISTENCE OF SERVICES
 RELATED TO PREGNANCY AND  CHILDREN  INCLUDING  PREGNANCY-RELATED  HEALTH
 CARE  AND  NURSERY  AND  PARENTING PROGRAMS AND SHALL BE REFERRED TO THE
 CORRECTIONAL OR CIVILIAN STAFF OR VOLUNTEERS WHO PROVIDE SUCH  SERVICES.
 IF SUCH PERSON CHOOSES TO HAVE AN ABORTION OR REQUESTS INFORMATION ABOUT
 ABORTION SERVICES, THEY SHALL BE REFERRED IMMEDIATELY TO MEDICAL PERSON-
 NEL  IN  CHARGE  OF  FACILITATING  THOSE  SERVICES  AND,  IF SUCH PERSON
 REQUESTS, SHALL HAVE ACCESS TO AN ABORTION WITHOUT DELAY. AN INSTITUTION
 OR LOCAL CORRECTIONAL FACILITY SHALL NOT IMPOSE A DEADLINE FOR A  PERSON
 TO  RECEIVE  AN ABORTION THAT IS CONTRARY TO SECTION TWENTY-FIVE HUNDRED
 NINETY-NINE-BB OF THE PUBLIC HEALTH LAW AND SHALL NOT PERMIT DELAYS THAT
 INTERFERE WITH SUCH PERSON'S ABILITY TO RECEIVE AN ABORTION  WITHIN  THE
 TIMEFRAME  PERMISSIBLE  UNDER  SUCH LAW. AN INSTITUTION OR LOCAL CORREC-
 TIONAL FACILITY SHALL NOT COERCE OR OTHERWISE  ATTEMPT  TO  INFLUENCE  A
 PERSON'S DECISIONS ABOUT RECEIVING AN ABORTION OR CONTINUING THEIR PREG-
 NANCY  OR IMPOSE PUNISHMENT OF ANY TYPE UPON A PERSON FOR CHANGING THEIR
 MIND ABOUT RECEIVING AN ABORTION OR CONTINUING THEIR PREGNANCY.
   § 2. Section 611 of the correction law is amended by adding  four  new
 subdivisions 5, 6, 7, and 8 to read as follows:
   5. A PERSON WHO GIVES BIRTH IN A HOSPITAL OR MEDICAL FACILITY WHILE IN
 CUSTODY  OF  AN  INSTITUTION  OR  LOCAL  CORRECTIONAL  FACILITY SHALL BE
 A. 3483                             6
 
 LOCATED IN THE SAME AREA AND PROVIDED WITH THE SAME BIRTHING  AND  POST-
 PARTUM  ROOM  ACCOMMODATIONS AS A PERSON WHO GIVES BIRTH WHILE LIVING IN
 THE COMMUNITY.  THESE ACCOMMODATIONS SHALL INCLUDE PLACING SUCH PERSON'S
 NEWBORN  IN  THEIR  ROOM  FOR  THE  DURATION  OF  THEIR POST-PARTUM STAY
 CONSISTENT WITH SUBDIVISION THREE OF SECTION TWENTY-FIVE HUNDRED  FIVE-A
 OF  THE  PUBLIC  HEALTH  LAW,  UNLESS  SUCH PERSON REQUESTS OTHERWISE OR
 HOSPITAL OR MEDICAL FACILITY PERSONNEL DETERMINE A  DIFFERENT  PLACEMENT
 IS NECESSARY FOR THE HEALTH OF SUCH PERSON OR THEIR NEWBORN. SUCH PERSON
 SHALL  BE  PERMITTED TO KEEP ALL HEALTH AND NEWBORN RELATED SUPPLIES AND
 EQUIPMENT PROVIDED TO THEM BY THE  HOSPITAL  OR  MEDICAL  FACILITY  UPON
 THEIR  RETURN TO THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY, INCLUD-
 ING BUT NOT LIMITED TO DIAPERS,  BREAST  PUMP  EQUIPMENT,  BREASTFEEDING
 SUPPLIES,  BREAST PADS, SANITARY NAPKINS, UNDERWEAR, WATER BOTTLE, HEAT-
 ING PAD, PERINEAL SQUIRT BOTTLES, SITZ BATHS, AND HEALTH  CREAMS,  OINT-
 MENTS,  AND SPRAYS. SUCH PERSON AND THEIR NEWBORN SHALL BE PROVIDED WITH
 UNINTERRUPTED  ACCESS  TO  THERAPEUTICALLY  EQUIVALENT   MEDICATION   AS
 PRESCRIBED  BY MEDICAL PERSONNEL AT THE HOSPITAL OR MEDICAL FACILITY FOR
 A DURATION CONSISTENT WITH THE TIMEFRAME PRESCRIBED BY SUCH PERSONNEL.
   6. (A) FOR PURPOSES OF THIS SUBDIVISION,  A  BREASTFEEDING  PARENT  IS
 DEFINED AS:
   (I) A PARENT IN CUSTODY OF AN INSTITUTION OR LOCAL CORRECTIONAL FACIL-
 ITY WHO LIVES WITH THEIR CHILD PURSUANT TO SUBDIVISIONS TWO AND THREE OF
 THIS SECTION; AND
   (II)  A  PARENT  IN  CUSTODY  OF  AN INSTITUTION OR LOCAL CORRECTIONAL
 FACILITY WHO IS ABLE TO PRODUCE BREAST MILK  OF  ANY  AMOUNT  AND  WHOSE
 CHILD  IS  LIVING  IN  THE  COMMUNITY AND IS THIRTY-SIX MONTHS OF AGE OR
 YOUNGER.
   (B) (I) A BREASTFEEDING PARENT AS DEFINED IN SUBPARAGRAPH (A) OF  THIS
 SUBDIVISION SHALL HAVE THE RIGHT TO:
   (A)  BREASTFEED  THEIR  CHILD CONSISTENT WITH THE RIGHTS ENUMERATED IN
 SUBDIVISION THREE OF SECTION TWENTY-FIVE HUNDRED FIVE-A  OF  THE  PUBLIC
 HEALTH LAW;
   (B)  BREASTFEED  THEIR  CHILD  IN ANY LOCATION CONSISTENT WITH SECTION
 SEVENTY-NINE-E OF THE CIVIL RIGHTS LAW OR USE A BREAST PUMP  OR  EXPRESS
 BREAST  MILK  IN  ANY  LOCATION,  PROVIDED THAT THE INSTITUTION OR LOCAL
 CORRECTIONAL FACILITY HAS AUTHORIZED SUCH PARENT AND THEIR CHILD  TO  BE
 IN SUCH LOCATION;
   (C)  BREASTFEED  AND  EXPRESS BREAST MILK AT A FREQUENCY DETERMINED BY
 SUCH PARENT;
   (D) STORE BREAST MILK AT THE INSTITUTION OR LOCAL CORRECTIONAL FACILI-
 TY IN A FASHION CONSISTENT WITH THE REQUIREMENTS SET FORTH IN PARAGRAPHS
 (F) AND (G) OF THIS SUBDIVISION; AND
   (E) IF SUCH PARENT IS NOT LIVING WITH THEIR CHILD, DESIGNATE AN  INDI-
 VIDUAL  IN  THE  COMMUNITY TO GATHER BREAST MILK FROM THE INSTITUTION OR
 LOCAL CORRECTIONAL FACILITY FOR THE PURPOSE  OF  DELIVERING  THE  BREAST
 MILK TO THEIR CHILD.
   (II) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL NOT REQUIRE A
 PARENT  TO  BREASTFEED  OR DISCRIMINATE AGAINST OR PENALIZE IN ANY WAY A
 PARENT FOR THEIR BREASTFEEDING DECISIONS AND ACTIONS.
   (C) (I) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE  A
 BREASTFEEDING  PARENT,  AS  DEFINED IN SUBPARAGRAPH (A) OF THIS SUBDIVI-
 SION, WITH ADEQUATE TIME TO BREASTFEED AND EXPRESS AND  COLLECT  BREAST-
 MILK  AND  SHALL  NOT  PENALIZE  THEM  FOR  ENGAGING IN THESE ACTIVITIES
 CONSISTENT WITH SECTION TWO HUNDRED SIX-C OF THE  LABOR  LAW,  INCLUDING
 PERMITTING  BREASTFEEDING  PARENTS  TO  PARTICIPATE IN JOBS AND PROGRAMS
 THAT RUN SIMULTANEOUS TO BREASTFEEDING RELATED ACTIVITIES.
 A. 3483                             7
 
   (II) THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL ALSO PROVIDE
 SUCH PARENT WITH TIMELY ACCESS TO A ROOM FOR BREASTFEEDING OR EXPRESSING
 BREAST MILK CONSISTENT WITH SECTION TWO HUNDRED SIX-C OF THE LABOR  LAW,
 INCLUDING  THAT  THE  ROOM  SHALL BE PRIVATE, WELL LIT, NEARBY ACCESS TO
 CLEAN  RUNNING  WATER,  EQUIPPED WITH OUTLETS FOR THE USE OF AN ELECTRIC
 BREAST PUMP AND, AT A MINIMUM, WITH A CHAIR AND WORKING SURFACE ON WHICH
 BREAST PUMP PARTS CAN BE PLACED. SUCH ROOM SHALL NOT BE  A  RESTROOM  OR
 TOILET  STALL  AND  SHALL  NOT BE USED FOR ANY OTHER PURPOSE OR FUNCTION
 WHILE BEING USED FOR BREASTFEEDING OR EXPRESSING BREAST MILK.
   (D) (I) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL PROVIDE  A
 BREASTFEEDING  PARENT,  AS  DEFINED IN SUBPARAGRAPH (A) OF THIS SUBDIVI-
 SION, WITH THE FOLLOWING:
   (A) A PERSONAL ELECTRIC PUMP WITH ASSOCIATED PARTS INCLUDING  FLANGES,
 VALVES, MEMBRANES, CONNECTIONS, TUBES, AND COLLECTION BOTTLES;
   (B) A PERSONAL MANUAL PUMP;
   (C)  A  PERSONAL  BREASTFEEDING  COVER,  PERSONAL  PILLOW,  AND  OTHER
 PERSONAL ITEMS THAT ALLOW FOR COMFORT AND PRIVACY  DURING  BREASTFEEDING
 AND EXPRESSING BREAST MILK;
   (D)  COMPREHENSIVE  CURRENT INFORMATION ABOUT BREASTFEEDING AND LACTA-
 TION THAT REFLECTS STANDARDS OF THE DEPARTMENT OF HEALTH IN  A  LANGUAGE
 AND MANNER UNDERSTANDABLE TO SUCH PARENT; AND
   (E)  ACCESS  TO  BREASTFEEDING AND LACTATION ASSISTANCE FROM PERSONNEL
 WITH RELEVANT EXPERTISE AND, IF AVAILABLE, OTHER INDIVIDUALS INCARCERAT-
 ED AT THE INSTITUTION OR LOCAL CORRECTIONAL  FACILITY  WHO  WORK  IN  OR
 OTHERWISE SUPPORT PREGNANCY OR CHILD RELATED PROGRAMMING AND ARE ABLE TO
 PROVIDE BREASTFEEDING AND LACTATION SUPPORT.
   (II)  THE  INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL BRING SUCH
 PARENT THESE MATERIALS UPON THEIR REQUEST IN A TIMELY FASHION REGARDLESS
 OF WHERE SUCH PARENT IS LOCATED IN THE INSTITUTION OR FACILITY.
   (E) UPON SUCH PARENT'S REQUEST FOR INFANT FORMULA, THE INSTITUTION  OR
 LOCAL  CORRECTIONAL FACILITY SHALL PROVIDE SUCH PARENT WITH FORMULA THAT
 MEET STANDARDS AND NUTRIENT REQUIREMENTS SET FORTH BY THE UNITED  STATES
 FOOD  AND  DRUG  ADMINISTRATION.  IF  SUCH  PARENT DETERMINES THAT THEIR
 INFANT IS INTOLERANT TO OR OTHERWISE MADE  PHYSICALLY  UNCOMFORTABLE  BY
 THE  FORMULA  PROVIDED,  THE  INSTITUTION OR LOCAL CORRECTIONAL FACILITY
 SHALL PROVIDE ALTERNATE FORMULAS UNTIL SUCH PARENT DETERMINES  THAT  ONE
 IS  SUFFICIENT  FOR  THEIR  INFANT. PRIOR TO MAKING THEIR DETERMINATION,
 SUCH PARENT SHALL BE AFFORDED THE OPPORTUNITY TO DISCUSS FORMULA RELATED
 ISSUES WITH PERSONNEL PROVIDING LACTATION CARE  AND  PEDIATRIC  CARE  IN
 THAT INSTITUTION OR LOCAL CORRECTIONAL FACILITY.
   (F) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL ACQUIRE BREAST
 PUMP  PARTS  AND BREAST MILK STORAGE DEVICES ONLY FROM ORGANIZATIONS AND
 AGENCIES THAT ARE IN COMPLIANCE WITH SECTION  37-0505  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  AND  SHALL  CLEAN  OR  ALLOW A BREASTFEEDING
 PARENT, AS DEFINED IN SUBPARAGRAPH (A) OF  THIS  SUBDIVISION,  TO  CLEAN
 BREAST  PUMP  PARTS  AND  BREAST  MILK  STORAGE  DEVICES  AT A FREQUENCY
 CONSISTENT WITH REGULATIONS SET FORTH BY THE DEPARTMENT OF HEALTH.
   (G) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL STORE  BREAST-
 MILK SAFELY IN A REFRIGERATOR OR COMPARABLE COOLING UNIT CONSISTENT WITH
 GUIDELINES  SET  FORTH BY THE DEPARTMENT OF HEALTH UNTIL IT IS READY FOR
 CONSUMPTION BY THE CHILD  OF  A  BREASTFEEDING  PARENT,  AS  DEFINED  IN
 SUBPARAGRAPH  (A)  OF  THIS  SUBDIVISION, OR FOR PICK UP BY A DESIGNATED
 INDIVIDUAL PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   7. (A) THE DEPARTMENT  AND  COMMISSION  SHALL  COMPILE  DATA  OUTLINED
 RESPECTIVELY IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION FOR AN ANNUAL
 REPORT  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE SENATE, THE
 A. 3483                             8
 
 MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
 LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF THE SENATE HEALTH  COMMITTEE,
 THE  CHAIRPERSON  OF  THE  SENATE  CRIME  VICTIMS,  CRIME AND CORRECTION
 COMMITTEE,  THE CHAIRPERSON OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIR-
 PERSON OF THE ASSEMBLY CORRECTION  COMMITTEE,  THE  CHAIRPERSON  OF  THE
 LEGISLATIVE  WOMEN'S  CAUCUS,  AND  THE CHAIRPERSON OF THE BLACK, PUERTO
 RICAN, HISPANIC AND ASIAN LEGISLATIVE CAUCUS. SUCH DATA SHALL BE  DISAG-
 GREGATED  BY INSTITUTION AND LOCAL CORRECTIONAL FACILITY AND REPORTED IN
 A DE-IDENTIFIED FASHION. REPORTS ISSUED PURSUANT TO THIS PARAGRAPH SHALL
 BE POSTED ON THE WEBSITES MAINTAINED BY THE DEPARTMENT AND  THE  COMMIS-
 SION.
   (B) EACH INSTITUTION SHALL WORK WITH RELEVANT PERSONNEL AND CONTRACTED
 EXTERNAL HEALTH CARE PROVIDERS TO COLLECT THE FOLLOWING DATA AND PROVIDE
 IT IN A DE-IDENTIFIED FASHION TO THE DEPARTMENT FOR THE PURPOSE OUTLINED
 IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) THE NUMBER OF INDIVIDUALS KNOWN TO BE PREGNANT UPON ADMISSION;
   (II)  THE  NUMBER OF INDIVIDUALS IDENTIFIED AS BEING PREGNANT WHILE IN
 CUSTODY, INCLUDING THE NUMBER PARTICIPATING IN A  WORK  RELEASE  PROGRAM
 AND THE NUMBER IN CUSTODY FOR A PAROLE VIOLATION;
   (III) THE AVERAGE DAILY CENSUS OF PREGNANT INDIVIDUALS;
   (IV)  THE NUMBER OF ECTOPIC PREGNANCIES, MOLAR PREGNANCIES, ABORTIONS,
 MISCARRIAGES, STILLBIRTHS, VAGINAL DELIVERIES, AND CAESAREAN DELIVERIES;
   (V) THE NUMBER OF PREGNANCIES DETERMINED BY MEDICAL  PERSONNEL  TO  BE
 HIGH RISK AND THE REASONS FOR SUCH DETERMINATIONS;
   (VI)  FOR EACH NEWBORN, THE GESTATIONAL AGE AT DELIVERY, BIRTH WEIGHT,
 AND LENGTH OF STAY, IF ANY, IN A NEONATAL INTENSIVE CARE UNIT;
   (VII) FOR PREGNANT INDIVIDUALS, THEIR RACE, ETHNICITY, GENDER  IDENTI-
 TY, AGE, CRIME OF CONVICTION, AND COUNTY OF CONVICTION;
   (VIII)  FOR  INDIVIDUALS  WHO APPLY FOR A NURSERY PROGRAM, THEIR RACE,
 ETHNICITY, GENDER IDENTITY, AGE, CRIME  OF  CONVICTION,  AND  COUNTY  OF
 CONVICTION,  WHETHER  THOSE  INDIVIDUALS WERE APPROVED OR DENIED FOR THE
 PROGRAM, ALONG WITH SPECIFIC AND DETAILED REASONS FOR DENIALS, INCLUDING
 HOW THEY MAY RELATE TO THE CRIME OF CONVICTION, CRIMINAL RECORD,  CUSTO-
 DIAL  HISTORY,  HISTORY  OF  VIOLENCE, HISTORY OF INVOLVEMENT WITH CHILD
 PROTECTIVE SERVICES, OR HISTORY OF SUBSTANCE USE OF THE INDIVIDUAL,  THE
 MENTAL  OR PHYSICAL HEALTH CONDITIONS OF THE INDIVIDUAL OR CHILD, OR THE
 SAFETY OF THE INDIVIDUAL, CHILD, OR OTHERS IN THE NURSERY;
   (IX) THE NUMBER OF BABIES WHO DO NOT RETURN  TO  AN  INSTITUTION  WITH
 THEIR  PARENT  AND  THE REASONS, INCLUDING DENIAL FOR A NURSERY PROGRAM,
 AND WHERE THOSE BABIES ARE PLACED, INCLUDING  NON-KINSHIP  FOSTER  CARE,
 KINSHIP  FOSTER  CARE,  WITH THE OTHER PARENT, WITH A FRIEND, AND WITH A
 FAMILY MEMBER NOT IN FOSTER CARE;
   (X) FOR INSTITUTIONS WITH A NURSERY PROGRAM,  THE  NUMBER  OF  NURSERY
 BEDS AVAILABLE AND THE NUMBER OF BEDS UTILIZED EACH MONTH;
   (XI) THE LENGTH OF TIME BETWEEN EACH NURSERY APPLICATION AND DECISION,
 THE LENGTH OF TIME BETWEEN EACH DECISION AND THE BIRTH OF THE CHILD, AND
 IF  ADMISSION  IS  GRANTED,  THE LENGTH OF TIME BETWEEN THE DECISION AND
 PLACEMENT OF THE INDIVIDUAL IN THE NURSERY;
   (XII) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE NURSERY PROGRAM;
   (XIII) THE NUMBER OF CHILDREN WHO ENTER A NURSERY FROM THE COMMUNITY;
   (XIV) THE NUMBER OF INDIVIDUALS REMOVED FROM THE NURSERY DISAGGREGATED
 BY RACE, ETHNICITY, GENDER IDENTITY, AGE, CRIME OF CONVICTION, COUNTY OF
 CONVICTION, AND LENGTH OF NURSERY STAY, ALONG WITH SPECIFIC AND DETAILED
 REASONS FOR REMOVALS, INCLUDING HOW THEY MAY  RELATE  TO  THE  CRIME  OF
 CONVICTION,  CRIMINAL  RECORD,  CUSTODIAL  HISTORY, HISTORY OF VIOLENCE,
 HISTORY OF INVOLVEMENT WITH CHILD PROTECTIVE  SERVICES,  OR  HISTORY  OF
 A. 3483                             9
 
 SUBSTANCE  USE  OF  THE INDIVIDUAL, THE MENTAL OR PHYSICAL HEALTH CONDI-
 TIONS OF THE INDIVIDUAL OR CHILD, AND  THE  SAFETY  OF  THE  INDIVIDUAL,
 CHILD, OR OTHERS IN THE NURSERY;
   (XV)  THE  NUMBER  OF  BABIES REMOVED FROM A NURSERY PROGRAM AND WHERE
 THOSE BABIES ARE PLACED,  INCLUDING  NON-KINSHIP  FOSTER  CARE,  KINSHIP
 FOSTER  CARE,  WITH  THE  OTHER PARENT, WITH A FRIEND, AND WITH A FAMILY
 MEMBER NOT IN FOSTER CARE; AND
   (XVI) THE NUMBER OF BABIES WHO RETURN  TO  THE  COMMUNITY  WITH  THEIR
 PARENT  AFTER BEING IN A NURSERY PROGRAM AND THE LENGTH OF TIME SPENT IN
 THE NURSERY.
   (C) EACH LOCAL CORRECTIONAL FACILITY SHALL WORK WITH RELEVANT  PERSON-
 NEL AND CONTRACTED EXTERNAL HEALTH CARE PROVIDERS TO COLLECT THE FOLLOW-
 ING DATA AND PROVIDE IT IN A DE-IDENTIFIED FASHION TO THE COMMISSION FOR
 THE PURPOSE OUTLINED IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) THE NUMBER OF INDIVIDUALS KNOWN TO BE PREGNANT UPON ADMISSION;
   (II)  THE  NUMBER OF INDIVIDUALS IDENTIFIED AS BEING PREGNANT WHILE IN
 CUSTODY AND THE  UNDER  CUSTODY  STATUS  OF  EACH  PREGNANT  INDIVIDUAL,
 INCLUDING WHETHER THE INDIVIDUAL IS DETAINED OR SENTENCED;
   (III) THE AVERAGE DAILY CENSUS OF PREGNANT INDIVIDUALS;
   (IV)  THE NUMBER OF ECTOPIC PREGNANCIES, MOLAR PREGNANCIES, ABORTIONS,
 MISCARRIAGES, STILL BIRTHS, VAGINAL  DELIVERIES,  AND  CAESAREAN  DELIV-
 ERIES;
   (V)  THE  NUMBER  OF PREGNANCIES DETERMINED BY MEDICAL PERSONNEL TO BE
 HIGH RISK AND THE REASONS FOR SUCH DETERMINATIONS;
   (VI) FOR EACH NEWBORN, THE GESTATIONAL AGE AT DELIVERY, BIRTH  WEIGHT,
 AND LENGTH OF STAY, IF ANY, IN A NEONATAL INTENSIVE CARE UNIT;
   (VII)  FOR PREGNANT INDIVIDUALS, THEIR RACE, ETHNICITY, GENDER IDENTI-
 TY, AGE, CRIME OF CONVICTION, AND COUNTY OF CONVICTION;
   (VIII) FOR INDIVIDUALS WHO APPLY FOR A NURSERY  PROGRAM,  THEIR  RACE,
 ETHNICITY,   GENDER  IDENTITY,  AGE,  CRIME  OF  CONVICTION,  COUNTY  OF
 CONVICTION, AND UNDER CUSTODY STATUS, INCLUDING WHETHER  THE  INDIVIDUAL
 IS  DETAINED  OR  SENTENCED,  WHETHER THOSE INDIVIDUALS WERE APPROVED OR
 DENIED FOR THE PROGRAM, ALONG WITH SPECIFIC  AND  DETAILED  REASONS  FOR
 DENIALS, INCLUDING HOW THEY MAY RELATE TO THE CRIME OF CONVICTION, CRIM-
 INAL RECORD, CUSTODIAL HISTORY, HISTORY OF VIOLENCE, HISTORY OF INVOLVE-
 MENT  WITH CHILD PROTECTIVE SERVICES, OR HISTORY OF SUBSTANCE USE OF THE
 INDIVIDUAL, THE MENTAL OR PHYSICAL HEALTH CONDITIONS OF  THE  INDIVIDUAL
 OR CHILD, OR THE SAFETY OF THE INDIVIDUAL, CHILD, OR OTHERS IN THE NURS-
 ERY;
   (IX)  THE  NUMBER  OF BABIES WHO DO NOT RETURN TO A LOCAL CORRECTIONAL
 FACILITY WITH THEIR PARENT AND THE REASONS, INCLUDING DENIAL FOR A NURS-
 ERY PROGRAM, AND WHERE THOSE BABIES ARE  PLACED,  INCLUDING  NON-KINSHIP
 FOSTER  CARE, KINSHIP FOSTER CARE, WITH THE OTHER PARENT, WITH A FRIEND,
 AND WITH A FAMILY MEMBER NOT IN FOSTER CARE;
   (X) FOR LOCAL CORRECTIONAL FACILITIES  WITH  A  NURSERY  PROGRAM,  THE
 NUMBER  OF  NURSERY  BEDS AVAILABLE AND THE NUMBER OF BEDS UTILIZED EACH
 MONTH;
   (XI) THE LENGTH OF TIME BETWEEN EACH NURSERY APPLICATION AND DECISION,
 THE LENGTH OF TIME BETWEEN EACH DECISION AND THE BIRTH OF THE CHILD, AND
 IF ADMISSION IS GRANTED, THE LENGTH OF TIME  BETWEEN  THE  DECISION  AND
 PLACEMENT OF THE INDIVIDUAL IN THE NURSERY;
   (XII) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE NURSERY PROGRAM;
   (XIII) THE NUMBER OF CHILDREN WHO ENTER A NURSERY FROM THE COMMUNITY;
   (XIV) THE NUMBER OF INDIVIDUALS REMOVED FROM THE NURSERY DISAGGREGATED
 BY RACE, ETHNICITY, GENDER IDENTITY, AGE, CRIME OF CONVICTION, COUNTY OF
 CONVICTION, AND LENGTH OF NURSERY STAY, ALONG WITH SPECIFIC AND DETAILED
 A. 3483                            10
 
 REASONS  FOR  REMOVALS,  INCLUDING  HOW  THEY MAY RELATE TO THE CRIME OF
 CONVICTION, CRIMINAL RECORD, CUSTODIAL  HISTORY,  HISTORY  OF  VIOLENCE,
 HISTORY  OF  INVOLVEMENT  WITH  CHILD PROTECTIVE SERVICES, OR HISTORY OF
 SUBSTANCE  USE  OF  THE INDIVIDUAL, THE MENTAL OR PHYSICAL HEALTH CONDI-
 TIONS OF THE INDIVIDUAL OR CHILD, AND  THE  SAFETY  OF  THE  INDIVIDUAL,
 CHILD, OR OTHERS IN THE NURSERY;
   (XV)  THE  NUMBER  OF  BABIES REMOVED FROM A NURSERY PROGRAM AND WHERE
 THOSE BABIES ARE PLACED,  INCLUDING  NON-KINSHIP  FOSTER  CARE,  KINSHIP
 FOSTER  CARE,  WITH  THE  OTHER PARENT, WITH A FRIEND, AND WITH A FAMILY
 MEMBER NOT IN FOSTER CARE; AND
   (XVI) THE NUMBER OF BABIES WHO RETURN  TO  THE  COMMUNITY  WITH  THEIR
 PARENT  AFTER BEING IN A NURSERY PROGRAM AND THE LENGTH OF TIME SPENT IN
 THE NURSERY.
   8. ANY PERSON CONFINED IN AN INSTITUTION OR LOCAL CORRECTIONAL FACILI-
 TY THAT HOUSES WOMEN SHALL RECEIVE NOTICE IN WRITING IN A  LANGUAGE  AND
 MANNER  UNDERSTANDABLE  TO THEM ABOUT THE REQUIREMENTS CONTAINED IN EACH
 SUBDIVISION OF THIS SECTION UPON THEIR ADMISSION AND  AGAIN,  REGARDLESS
 OF  THE  INSTITUTION  OR  LOCAL  CORRECTIONAL FACILITY IN WHICH THEY ARE
 HOUSED, IF THEY ARE KNOWN TO  BE  PREGNANT  OR  TO  BE  A  BREASTFEEDING
 PARENT,  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX THIS SECTION, OR
 TO BE ELIGIBLE FOR THEIR CHILD TO JOIN THEM IN AN INSTITUTION  OR  LOCAL
 CORRECTIONAL  FACILITY  PURSUANT  TO  SUBDIVISIONS TWO AND THREE OF THIS
 SECTION. THE SUPERINTENDENT OR  SHERIFF  SHALL  PUBLISH  NOTICE  OF  THE
 REQUIREMENTS  CONTAINED IN EACH SUBDIVISION OF THIS SECTION IN PROMINENT
 LOCATIONS WHERE PREGNANCY  RELATED  CARE  AND  CHILD  RELATED  CARE  ARE
 PROVIDED.  THE  DEPARTMENT AND THE SHERIFF SHALL PROVIDE ANNUAL TRAINING
 ON THE PROVISIONS CONTAINED IN EACH SUBDIVISION OF THIS SECTION FOR  ALL
 CORRECTIONAL,  CIVILIAN  AND VOLUNTEER PERSONNEL WHO ARE INVOLVED IN THE
 TRANSPORTATION, SUPERVISION OR CARE OF PREGNANT PEOPLE OR  BREASTFEEDING
 PARENTS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX THIS SECTION, OR
 PARENTS ELIGIBLE FOR THEIR CHILD TO JOIN THEM IN AN INSTITUTION OR LOCAL
 CORRECTIONAL  FACILITY  PURSUANT  TO  SUBDIVISIONS TWO AND THREE OF THIS
 SECTION.
   § 3. This act shall take effect immediately.