Assembly Bill A7585A

2023-2024 Legislative Session

Requires the conditional release of pregnant and postpartum individuals from incarceration

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Sponsored By

Current 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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Bill Amendments

co-Sponsors

2023-A7585 - Details

See Senate Version of this Bill:
S7131
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

2023-A7585 - Summary

Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

2023-A7585 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7585
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to requiring conditional
   release  of  pregnant  and  postpartum individuals and prohibiting the
   incarceration of pregnant and postpartum individuals

   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 two
 new subdivisions 5 and 6 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
 RY:
   (A) IN THE FURTHERANCE OF PUBLIC INTEREST AND THE WELFARE OF CHILDREN,
 THE COMMISSIONER SHALL RELEASE:
   I.  FOR UP TO ONE YEAR POSTPARTUM, AN INDIVIDUAL WHO GAVE BIRTH WITHIN
 NINE MONTHS OF THE DATE OF COMMITMENT; AND
   II. FOR THE DURATION OF THE PREGNANCY AND UP TO ONE  YEAR  POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   (B) THE COMMISSIONER SHALL CONDITIONALLY RELEASE AN INCARCERATED INDI-
 VIDUAL  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO COMMUNITY-BASED
 PROGRAMMING FOR THE PURPOSE OF PARTICIPATION IN  PRENATAL  OR  POSTNATAL
 CARE  PROGRAMMING  AND TO PROMOTE BIRTHING PARENT-CHILD BONDING IN ADDI-
 TION TO OTHER PROGRAMMING REQUIREMENTS AS ESTABLISHED BY THE COMMISSION-
 ER, INCLUDING: EVIDENCE-BASED PARENTING SKILLS PROGRAMMING;  WORKING  AT
 PAID  EMPLOYMENT;  SEEKING  EMPLOYMENT;  OR  PARTICIPATING IN VOCATIONAL
 TRAINING, AN EDUCATIONAL PROGRAM, DOMESTIC VIOLENCE  RECOVERY  SERVICES,
 OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT SERVICES.
   (C) THE DEPARTMENT SHALL DEVELOP POLICY AND CRITERIA TO IMPLEMENT THIS
 SUBDIVISION.
   (D)  BY APRIL FIRST OF EACH YEAR, THE COMMISSIONER SHALL REPORT TO THE
 CHAIRS AND RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE SENATE  AND
 ASSEMBLY  WITH  JURISDICTION OVER CORRECTIONS AND WITH JURISDICTION OVER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11255-01-3

co-Sponsors

2023-A7585A (ACTIVE) - Details

See Senate Version of this Bill:
S7131
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L

2023-A7585A (ACTIVE) - Summary

Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

2023-A7585A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7585--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. KELLES, GONZALEZ-ROJAS, SOLAGES, DICKENS, SIMON,
   REYES,  GALLAGHER,  SHRESTHA,  FORREST,  CRUZ,   EPSTEIN,   LEVENBERG,
   BURDICK, MAMDANI, WALKER -- read once and referred to the Committee on
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the correction law, in relation to requiring conditional
   release  of  pregnant  and  postpartum individuals and prohibiting the
   incarceration of pregnant and postpartum individuals
 
   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 two
 new subdivisions 5 and 6 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
 RY:
   (A) IN THE FURTHERANCE OF PUBLIC INTEREST AND THE WELFARE OF CHILDREN,
 THE COMMISSIONER SHALL RELEASE:
   I.  FOR UP TO ONE YEAR POSTPARTUM, AN INDIVIDUAL WHO GAVE BIRTH WITHIN
 NINE MONTHS OF THE DATE OF COMMITMENT; AND
   II. FOR THE DURATION OF THE PREGNANCY AND UP TO ONE  YEAR  POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   (B) THE COMMISSIONER SHALL CONDITIONALLY RELEASE AN INCARCERATED INDI-
 VIDUAL  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO COMMUNITY-BASED
 PROGRAMMING FOR THE PURPOSE OF PARTICIPATION IN  PRENATAL  OR  POSTNATAL
 CARE  PROGRAMMING  AND TO PROMOTE BIRTHING PARENT-CHILD BONDING IN ADDI-
 TION TO OTHER PROGRAMMING REQUIREMENTS AS ESTABLISHED BY THE COMMISSION-
 ER, INCLUDING: EVIDENCE-BASED PARENTING SKILLS PROGRAMMING;  WORKING  AT
 PAID  EMPLOYMENT;  SEEKING  EMPLOYMENT;  OR  PARTICIPATING IN VOCATIONAL
 TRAINING, AN EDUCATIONAL PROGRAM, DOMESTIC VIOLENCE  RECOVERY  SERVICES,
 OR CHEMICAL DEPENDENCY OR MENTAL HEALTH TREATMENT SERVICES.
   (C) THE DEPARTMENT SHALL DEVELOP POLICY AND CRITERIA TO IMPLEMENT THIS
 SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11255-02-3

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