NY State Senate Bill 2023-S7132

Senate Bill S7132

2023-2024 Legislative Session

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents of children and their children; repealer

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
May 18, 2023	referred to crime victims, crime and correction

co-Sponsors

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2023-S7132 (ACTIVE) - Details

See Assembly Version of this Bill:: A7630
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rpld & add §611, Cor L

2023-S7132 (ACTIVE) - Summary

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents of children and their children; repeals provisions relating to births to incarcerated individuals and care of children by incarcerated individuals.

2023-S7132 (ACTIVE) - Sponsor Memo

2023-S7132 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7132
 
                        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
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11258-01-3

 S. 7132                             2
 
 AND IN CONFORMITY WITH THE STANDARDS SET FORTH BY THE  AMERICAN  MEDICAL
 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
 S. 7132                             3
 
 CHILD  AND  WHEN  TO  WEAN THEIR CHILD BASED ON THE BEST INTEREST OF THE
 CHILD.
   (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.
 S. 7132                             4
 
   (C)  CHILDREN BORN TO INCARCERATED INDIVIDUALS SHALL BE, AT ALL TIMES,
 IN A CLEAN, SAFE AND NURTURING ENVIRONMENT FOR CHILDREN, WHICH  INCLUDES
 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.

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