Senate Bill S7131A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7131--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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.
                                                            LBD11255-03-3
 S. 7131--A                          2
              

 
   (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
 ISSUES CONCERNING WOMEN AND CHILDREN REGARDING THE NUMBER OF INDIVIDUALS
 RELEASED  AND  THE  DURATION OF THE RELEASE PURSUANT TO THIS SUBDIVISION
 FOR THE PRIOR CALENDAR YEAR.
   6. 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 PROHIBIT THE INCARCERATION OF:
   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 INDIVIDUAL WHO IS PREGNANT WHO WOULD BE SUBJECT TO INCARCERATION WERE
 THEY NOT PREGNANT OR POSTPARTUM.
   (B) THE COMMISSIONER SHALL COMMIT AN INDIVIDUAL 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 ADDITION TO OTHER PROGRAMMING REQUIRE-
 MENTS AS ESTABLISHED BY THE  COMMISSIONER,  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
 ISSUES CONCERNING WOMEN AND CHILDREN THE NUMBER OF INDIVIDUALS COMMITTED
 TO  COMMUNITY-BASED  PROGRAMMING UNDER THIS SUBDIVISION AND THE DURATION
 OF THE COMMUNITY-BASED PROGRAMMING UNDER THIS SUBDIVISION FOR THE  PRIOR
 CALENDAR YEAR.
   § 2. This act shall take effect immediately.