S T A T E O F N E W Y O R K
________________________________________________________________________
7630
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 promoting the health,
safety, and human rights of incarcerated pregnant individuals, incar-
cerated birthing parents of children and their children; and to repeal
section 611 of the correction law relating to births to incarcerated
individuals and care of children by incarcerated 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 Section 611 of the correction law is REPEALED and a new
section 611 is added to read as follows:
§ 611. PREGNANT INCARCERATED INDIVIDUALS. 1. PURPOSE AND FINDINGS.
INDIVIDUALS CONFINED IN CORRECTIONAL INSTITUTIONS OR STATE OR LOCAL
CORRECTIONAL FACILITIES FACE UNIQUE HEALTH RISKS DURING PREGNANCY AND
CHILDBIRTH, AND LACK OF APPROPRIATE PRENATAL, OBSTETRIC AND POSTPARTUM
MEDICAL CARE CAN RESULT IN SERIOUS HARM TO BOTH THE BIRTHING PARENT AND
THE CHILD. THE RIGHTS OF PREGNANT INDIVIDUALS AND THEIR CHILDREN MAY BE
COMPROMISED BY THE CONDITIONS OF CONFINEMENT AND THE POLICIES AND PRAC-
TICES OF CORRECTIONAL INSTITUTIONS AND FACILITIES.
2. PROVISIONS REGARDING PREGNANT INCARCERATED INDIVIDUALS. (A) PREG-
NANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH COMPREHENSIVE
PRENATAL CARE, INCLUDING ALL NECESSARY TESTING, AND ALL NECESSARY TREAT-
MENT, AS RECOMMENDED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNE-
COLOGISTS, THE AMERICAN MEDICAL ASSOCIATION, THE AMERICAN COLLEGE OF
NURSE-MIDWIVES, AND THE ASSOCIATION OF WOMEN'S HEALTH, OBSTETRIC AND
NEONATAL NURSES.
(B) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH APPROPRI-
ATE MEDICAL CARE DURING LABOR AND DELIVERY, WHICH SHALL INCLUDE ACCESS
TO QUALIFIED MEDICAL PERSONNEL AND NECESSARY MEDICAL EQUIPMENT, AS
RECOMMENDED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS
AND IN CONFORMITY WITH THE STANDARDS SET FORTH BY THE AMERICAN MEDICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11258-01-3
A. 7630 2
ASSOCIATION, THE AMERICAN CONGRESS OF OBSTETRICIANS AND GYNECOLOGISTS,
AND THE AMERICAN COLLEGE OF NURSE-MIDWIVES.
(C) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH OPIOID
USE DISORDER TREATMENT AND EVIDENCE-BASED TREATMENT FOR OTHER SUBSTANCE
USE DISORDERS AS NEEDED.
(D) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH PSYCHO-
LOGICAL AND PSYCHIATRIC THERAPY AND TREATMENT AS NEEDED, INCLUDING
CONSULTATION REGARDING PSYCHIATRIC MEDICATIONS THAT ARE SAFE DURING
PREGNANCY.
(E) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH APPROPRI-
ATE HYDRATION AND NUTRITION, IN ACCORDANCE WITH THE GUIDELINES SET FORTH
BY THE AMERICAN MEDICAL ASSOCIATION AND THE AMERICAN COLLEGE OF OBSTET-
RICIANS AND GYNECOLOGISTS. SUCH HYDRATION AND NUTRITION SHALL INCLUDE
ACCESS TO ADDITIONAL PORTIONS OF FOOD, FRESH FRUITS AND VEGETABLES, AND
TO PRENATAL VITAMINS.
(F) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH SAFE AND
APPROPRIATE HOUSING AND LIVING CONDITIONS, INCLUDING ACCESS TO ADEQUATE
BEDDING, CLOTHING, AND PERSONAL HYGIENE SUPPLIES, IN ACCORDANCE WITH THE
GUIDELINES SET FORTH BY THE AMERICAN MEDICAL ASSOCIATION AND THE AMERI-
CAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
(G) PREGNANT INCARCERATED INDIVIDUALS SHALL BE AFFORDED PRIVACY.
(H) PREGNANT INCARCERATED INDIVIDUALS SHALL BE AFFORDED REGULAR ACCESS
TO SAFE AND APPROPRIATE EXERCISE FACILITIES.
(I) PREGNANT INCARCERATED INDIVIDUALS SHALL NOT BE EXPOSED TO
SUBSTANCES OR CHEMICALS THAT COULD PRESENT A RISK OF HARM TO THE BIRTH-
ING PARENT OR FETUS.
(J) PREGNANT INCARCERATED INDIVIDUALS SHALL BE AFFORDED SAFETY AND
PROTECTION FROM POTENTIAL ASSAULTS FROM INCARCERATED PEOPLE OR CORREC-
TIONAL OFFICERS GIVEN THEIR INCREASED VULNERABILITY.
(K) PREGNANT INCARCERATED INDIVIDUALS SHALL NOT BE SUBJECTED TO WORK
REQUIREMENTS THAT COULD INJURE OR HARM THEM OR THEIR FETUSES.
(L) PREGNANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH ACCESS TO
COUNSELING REGARDING ALL OPTIONS OPEN TO THEM, INCLUDING ABORTION,
ADOPTION, AND GIVING BIRTH, INCLUDING ALL RIGHTS UNDER THIS LAW TO MAIN-
TAIN THE CARE AND CUSTODY OF THEIR CHILDREN WHILE INCARCERATED. PREG-
NANT INCARCERATED INDIVIDUALS SHALL BE PROVIDED TELEPHONIC, VIDEO, OR IN
IN-PERSON ACCESS TO LEGAL COUNSEL OF THEIR CHOICE REGARDING THESE DECI-
SIONS.
3. PROVISIONS REGARDING POSTPARTUM CARE. (A) INCARCERATED INDIVIDUALS
SHALL HAVE ACCESS TO APPROPRIATE MEDICAL CARE AFTER DELIVERY, INCLUDING
POSTPARTUM PHYSICAL, MENTAL, AND REPRODUCTIVE HEALTH CARE, AS DETERMINED
BY A LICENSED HEALTH CARE PROFESSIONAL, AS RECOMMENDED BY THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
(B) INCARCERATED INDIVIDUALS SHALL HAVE ACCESS TO APPROPRIATE CLOTHING
AND APPROPRIATE HYGIENE AND SELF-CARE SUPPLIES AFTER DELIVERY, IN
ACCORDANCE WITH THE GUIDELINES SET FORTH BY THE AMERICAN MEDICAL ASSOCI-
ATION AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
(C) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE ACCESS TO
SUFFICIENT HYDRATION AND NUTRITION TO BE ABLE TO NURSE THEIR CHILDREN IN
ACCORDANCE WITH THE CHILD'S NUTRITIONAL NEEDS.
(D) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE ACCESS TO
LACTATION CONSULTANTS AND TO SAFE, PRIVATE, QUIET, AND HYGIENIC PLACES
TO NURSE THEIR CHILDREN AT ALL HOURS. INCARCERATED BIRTHING PARENTS
SHALL HAVE THE FREEDOM TO MAKE THE DECISION OF WHETHER TO NURSE THEIR
CHILD AND WHEN TO WEAN THEIR CHILD BASED ON THE BEST INTEREST OF THE
CHILD.
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(E) INCARCERATED BIRTHING PARENTS SHALL HAVE ACCESS TO REASONABLY
QUIET AND PRIVATE SLEEPING SPACES UNTIL THEIR CHILD IS WEANED OR THEIR
CHILD CONSISTENTLY SLEEPS THROUGH THE NIGHT, WHICHEVER OCCURS LATER.
INCARCERATED BIRTHING PARENTS SHALL BE EXCUSED FROM ROLL CALL OR OTHER
INTERRUPTIONS IF NECESSARY TO ALLOW FOR REASONABLE NAPPING DURING SUCH
TIME PERIOD.
(F) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE ACCESS TO
REASONABLE AND APPROPRIATE OPPORTUNITIES FOR EXERCISE.
(G) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL BE PROVIDED WITH
APPROPRIATE PARENTING, SELF-CARE, AND HEALTH EDUCATION, INCLUDING EDUCA-
TION REGARDING MENTAL AND REPRODUCTIVE HEALTH, PROVIDED BY NONPROFIT
ORGANIZATIONS.
(H) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE ACCESS TO
APPROPRIATE PEER AND SOCIAL SUPPORT OF OTHER INCARCERATED BIRTHING
PARENTS, WHETHER IN PERSON, ONLINE, OR VIA VIDEOCONFERENCE.
(I) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE ACCESS TO
REASONABLE TECHNOLOGY TO TAKE PHOTOS OF THEIR CHILDREN AND TO SHARE SUCH
PHOTOS WITH FAMILY AND FRIENDS OUTSIDE THE CORRECTIONAL FACILITY.
4. HUMAN RIGHTS OF INCARCERATED PREGNANT INDIVIDUALS AND INCARCERATED
BIRTHING PARENTS OF CHILDREN. (A) SEGREGATED CONFINEMENT OF PREGNANT
INDIVIDUALS AND OF INDIVIDUALS WHO HAVE GIVEN BIRTH WITHIN THE PREVIOUS
THREE MONTHS SHALL BE STRICTLY FORBIDDEN.
(B) SHACKLING OF PREGNANT INDIVIDUALS AND INDIVIDUALS WHO HAVE GIVEN
BIRTH WITHIN THE PREVIOUS THREE MONTHS SHALL BE STRICTLY FORBIDDEN.
(C) SEPARATION OF AN INCARCERATED BIRTHING PARENT FROM THEIR CHILD, OR
THREATENED SEPARATION OF A BIRTHING PARENT FROM THEIR CHILD, SHALL NOT
BE USED AS A DISCIPLINARY TOOL OR SANCTION.
(D) A CHILD SHALL NOT BE REMOVED FROM THE CARE OF ITS INCARCERATED
BIRTHING PARENT WITHOUT THE BIRTHING PARENT'S EXPRESS CONSENT UNLESS THE
BIRTHING PARENT IS FOUND TO PRESENT A SERIOUS AND IMMEDIATE SAFETY RISK
TO THEIR CHILD IN VIOLATION OF STATE CHILD WELFARE LAW.
(E) NO PERSON SHALL CARE FOR THE CHILD WITHOUT THE INCARCERATED BIRTH-
ING PARENT'S EXPRESS PERMISSION.
(F) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE REASONABLE
RIGHTS TO PRIVACY, ESPECIALLY WHEN NURSING.
(G) INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL BE GIVEN COMPLETE
AND ACCURATE INFORMATION REGARDING THEIR LEGAL RIGHTS AND RESPONSIBIL-
ITIES VIS-A-VIS THEIR CHILDREN.
5. CARE OF CHILDREN BORN TO INCARCERATED INDIVIDUALS. (A) CHILDREN
BORN TO INCARCERATED INDIVIDUALS SHALL RECEIVE TIMELY AND APPROPRIATE
PEDIATRIC CARE, INCLUDING ALL NECESSARY MEDICAL AND DEVELOPMENTAL TEST-
ING, AS RECOMMENDED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNE-
COLOGISTS, AND ALL NECESSARY TREATMENT, AS RECOMMENDED BY THE AMERICAN
MEDICAL ASSOCIATION, THE AMERICAN CONGRESS OF OBSTETRICIANS AND GYNECOL-
OGISTS, AND THE ASSOCIATION OF WOMEN'S HEALTH, OBSTETRIC AND NEONATAL
NURSES. INCARCERATED BIRTHING PARENTS OF CHILDREN SHALL HAVE TIMELY
ACCESS TO CONSULTATION WITH PEDIATRICIANS, WHETHER IN-PERSON OR VIA
VIDEOCONFERENCE OR TELEPHONE. INCARCERATED BIRTHING PARENTS OF CHILDREN
SHALL HAVE TIMELY ACCESS TO APPROPRIATE OVER-THE-COUNTER MEDICATIONS FOR
THEIR CHILDREN, REGARDLESS OF WHETHER THE BIRTHING PARENT HAS CONSULTED
WITH A PEDIATRICIAN.
(B) CHILDREN IN NEED OF EARLY INTERVENTION OR OTHER SPECIAL MEDICAL,
DEVELOPMENTAL OR EDUCATIONAL SERVICES SHALL BE GIVEN FULL ACCESS TO
CARE, VIA EXPERTS WITHIN OR OUTSIDE THE FACILITY.
(C) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE, AT ALL TIMES,
IN A CLEAN, SAFE AND NURTURING ENVIRONMENT FOR CHILDREN, WHICH INCLUDES
A. 7630 4
SAFE AND APPROPRIATE SLEEPING ARRANGEMENTS, SAFE AND APPROPRIATE PLAY-
ING, EATING, AND BATHING SPACES, AND ADEQUATE HYGIENE SUPPLIES.
(D) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH
FULL OPPORTUNITY TO BOND WITH THEIR BIRTHING PARENTS, INCLUDING CONSIST-
ENT AND EXTENSIVE PHYSICAL CONTACT AND CONSISTENT NURSING.
(E) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH
HEALTHY NUTRITION, INCLUDING, IF THE CHILD'S BIRTHING PARENT SO CHOOSES,
BREAST MILK THAT HAS BEEN PUMPED, STORED, AND WARMED BY THE BIRTHING
PARENT IN A SAFE AND HYGIENIC LOCATION. CHILDREN BORN TO INCARCERATED
INDIVIDUALS SHALL HAVE ACCESS TO SUCH BREAST MILK, IF THE BIRTHING
PARENT SO CHOOSES, REGARDLESS OF WHETHER THE CHILD REMAINS WITH THE
BIRTHING PARENT IN THE INSTITUTION OR FACILITY.
(F) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE PROVIDED WITH
SAFE AND APPROPRIATE CLOTHING AND AGE-APPROPRIATE TOYS AND BOOKS.
(G) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE PROTECTED FROM
VIOLENCE OR RECKLESSNESS FROM GUARDS OR INCARCERATED INDIVIDUALS.
(H) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE AFFORDED
REASONABLE VISITING HOURS FROM FAMILY AND FRIENDS, SUBJECT TO THE BIRTH-
ING PARENT'S CONSENT.
(I) CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE AFFORDED
REASONABLE TIME OUTDOORS WITH THEIR BIRTHING PARENTS.
6. ENFORCEMENT. THE DEPARTMENT SHALL ISSUE UNIFORM MINIMUM STANDARDS
REGARDING PROCEDURES AND THE IMPLEMENTATION OF THIS SECTION WITHIN ONE
HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
§ 2. This act shall take effect immediately.