Assembly Bill A1390

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1390
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A. MEEKS, GALLAGHER, SEAWRIGHT, TAYLOR, BURDICK,
   SIMON, EPSTEIN,  MITAYNES,  KIM,  GONZALEZ-ROJAS,  HYNDMAN,  ZINERMAN,
   COOK,   REYES,  CUNNINGHAM,  LUCAS,  GIBBS,  BICHOTTE HERMELYN,  CRUZ,
   WEPRIN, DAVILA, SEPTIMO, RAGA -- read once and referred to the Commit-
   tee on Correction

 AN ACT to amend the correction  law,  in  relation  to  authorizing  the
   transfer  of pregnant and postpartum incarcerated individuals to resi-
   dential treatment facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The correction law is amended by adding a new section 72-d
 to read as follows:
   §  72-D.  PREGNANT  AND  POSTPARTUM  INCARCERATED  INDIVIDUALS. 1. THE
 COMMISSIONER MAY AUTHORIZE  THE  TRANSFER  TO  A  RESIDENTIAL  TREATMENT
 FACILITY ESTABLISHED UNDER SECTION SEVENTY-THREE OF THIS ARTICLE:
   (A)  FOR  UP TO ONE YEAR OF POSTPARTUM, AN INCARCERATED INDIVIDUAL WHO
 GAVE BIRTH WITHIN EIGHT MONTHS OF THE DATE OF COMMITMENT  TO  A  CORREC-
 TIONAL FACILITY; AND
   (B)  FOR  THE DURATION OF THE PREGNANCY AND UP TO ONE YEAR POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   2. THE COMMISSIONER MAY CONDITIONALLY TRANSFER AN  INCARCERATED  INDI-
 VIDUAL  UNDER SUBDIVISION ONE OF THIS SECTION TO A RESIDENTIAL TREATMENT
 FACILITY FOR THE PURPOSE OF PARTICIPATION IN PRENATAL OR POSTNATAL  CARE
 PROGRAMMING AND TO PROMOTE BONDING BETWEEN THE CHILD AND BIRTHING PARENT
 IN  ADDITION  TO  OTHER  PROGRAMMING AS ESTABLISHED BY THE COMMISSIONER,
 INCLUDING BUT NOT LIMITED TO EVIDENCE-BASED  PARENTING  SKILLS  PROGRAM-
 MING;  WORKING  AT PAID EMPLOYMENT; SEEKING EMPLOYMENT; OR PARTICIPATING
 IN VOCATIONAL TRAINING, AN EDUCATION PROGRAM, OR CHEMICAL DEPENDENCY  OR
 MENTAL HEALTH TREATMENT SERVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03858-01-5
 A. 1390                             2
 
              

   3.  THE  COMMISSIONER SHALL DEVELOP POLICY AND CRITERIA AND PROMULGATE
 ANY RULES AND/OR REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION ACCORD-
 ING TO PUBLIC SAFETY AND GENERALLY ACCEPTED CORRECTIONAL PRACTICE.
   4.  ON  OR BEFORE THE FIRST OF APRIL EACH YEAR, THE COMMISSIONER SHALL
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY  ON THE NUMBER OF INCARCERATED INDIVIDUALS TRANSFERRED TO RESI-
 DENTIAL TREATMENT FACILITIES PURSUANT TO THIS SECTION AND  THE  DURATION
 OF SUCH TRANSFERS FOR THE PRIOR CALENDAR YEAR.
   §  2. Subdivision 1 of section 73 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   1. The commissioner may transfer  any  incarcerated  individual  of  a
 correctional  facility  who is eligible for community supervision or who
 will become eligible for community supervision within six  months  after
 the  date  of  transfer  [or],  who has one year or less remaining to be
 served under [his or her] SUCH INCARCERATED  INDIVIDUAL'S  sentence,  OR
 WHO IS A PREGNANT OR POSTPARTUM INCARCERATED INDIVIDUAL AUTHORIZED UNDER
 SECTION SEVENTY-TWO-D OF THIS ARTICLE to a residential treatment facili-
 ty  and  such  person  may  be allowed to go outside the facility during
 reasonable and necessary hours to  engage  in  any  activity  reasonably
 related  to  [his or her] SUCH PERSON'S rehabilitation and in accordance
 with the program established for [him or her] SUCH PERSON. While outside
 the facility [he or she] SUCH PERSON shall be at all times in the custo-
 dy of the department and under its supervision.
   § 3. This act shall take effect immediately.