S T A T E O F N E W Y O R K
________________________________________________________________________
1670--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, FORREST, CRUZ, GLICK, SEAWRIGHT,
REYES, DAVILA, LUCAS, SIMON, SHIMSKY, LEVENBERG, TAPIA, SIMONE, RAGA,
BURDICK, WEPRIN, LAVINE, KELLES, PAULIN, SAYEGH -- read once and
referred to the Committee on Correction -- recommitted to the Commit-
tee on Correction in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the correction law and the executive law, in relation to
prohibiting the use of restraints on incarcerated individuals during
labor, absent extraordinary circumstances, and on pregnant persons
during a custodial interrogation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 611 of the correction law, as
amended by chapter 17 of the laws of 2016, paragraph (c) as separately
amended by chapters 322 and 621 of the laws of 2021, is amended to read
as follows:
1. (a) If a [woman] PERSON confined in any institution or local
correctional facility [be] IS pregnant and about to give birth [to a
child], OR NEEDS MEDICAL CARE ELSEWHERE RELATED TO PREGNANCY OR ANY
PREGNANCY OUTCOME, INCLUDING BIRTH, ABORTION, MISCARRIAGE AND STILL-
BIRTH, the superintendent or sheriff in charge of such institution or
facility, a reasonable time before the anticipated birth [of such child]
OR NEED FOR SUCH OTHER CARE, AS DETERMINED BY SUCH PERSON'S HEALTH CARE
PROVIDER, OR IF UNAVAILABLE, BY PERSONNEL PROVIDING MEDICAL SERVICES TO
SUCH PERSON, IN ACCORDANCE WITH MEDICAL BEST PRACTICES AND STANDARDS OF
CARE, shall cause such [woman] PERSON to be removed from such institu-
tion or facility and provided with comfortable accommodations, mainte-
nance and medical care elsewhere[,]. THIS SHALL BE DONE under such
supervision and safeguards to prevent [her] THEIR escape from custody as
the superintendent or sheriff or [his or her] THEIR designee may deter-
mine EXCEPT AS PROVIDED BY PARAGRAPHS (B), (C), (D), (G), AND (H) OF
THIS SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04205-07-6
A. 1670--A 2
(B) No restraints of any kind shall be used during transport of such
[woman] PERSON, a [woman] PERSON who is known to be pregnant OR KNOWN TO
BE WITHIN TWELVE WEEKS OF ANY PREGNANCY OUTCOME, INCLUDING BIRTH,
ABORTION, MISCARRIAGE, AND STILLBIRTH, by correctional personnel or
personnel providing medical services to the institution or local correc-
tional facility[, or a woman within eight weeks after delivery or preg-
nancy outcome,]. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONS RECEIV-
ING CARE AT A HOSPITAL OR MEDICAL FACILITY OR IN LABOR OR DELIVERY, AND
IS absent extraordinary circumstances in which[:
i. the superintendent or sheriff or his or her designee in consulta-
tion with the medical professional responsible for the institution has
made an individualized determination that restraints are necessary to
prevent such woman from injuring herself or medical or correctional
personnel or others and cannot reasonably be restrained by other means,
including the use of additional personnel; or
ii.], DURING TRANSPORT the correctional personnel directly responsible
for the transport of such a [woman] PERSON determine that an emergency
has arisen in which restraints are necessary because the [woman] PERSON
poses an immediate risk of serious injury to [herself] THEMSELF or
medical or correctional personnel or others and cannot reasonably be
restrained by other means.
[(b)] (C) If a determination has been made pursuant to [subparagraph i
or ii of] paragraph [(a)] (B) of this subdivision that extraordinary
circumstances exist then restraints shall be limited to wrist restraints
in front of the body. The [superintendent or sheriff or his or her
designee pursuant to subparagraph i of paragraph (a) of this subdivision
or] correctional personnel pursuant to [subparagraph ii of] paragraph
[(a)] (B) of this subdivision shall document in writing the facts upon
which the finding of extraordinary circumstances were based within five
days of the use of such restraints and shall also document the type of
restraints used and the length of time such restraints were used.
[(c) No restraints of any kind shall be used when such woman is in
labor, admitted to a hospital, institution or clinic for delivery, or
recovering after giving birth. Any such personnel as may be necessary to
supervise the woman during transport to and from and during her stay at
the hospital, institution or clinic shall be provided to ensure adequate
care, custody and control of the woman, except that no]
(D) NO correctional staff shall be present in the [delivery] PATIENT'S
room during [the birth of a baby] COUNSELING AND MEDICAL CARE RELATED TO
THE PREGNANCY AND ALL PREGNANCY OUTCOMES INCLUDING BIRTH, ABORTION,
MISCARRIAGE, AND STILLBIRTH AND DURING AND AFTER LABOR unless requested
by the medical staff [supervising] PROVIDING such [delivery] CARE WHEN
THE SITUATION POSES A CLEAR RISK OF DANGER TO THE MEDICAL STAFF OR
OTHERS or by the [woman giving birth] PERSON RECEIVING SUCH CARE. IF A
DETERMINATION HAS BEEN MADE PURSUANT TO THIS SUBDIVISION THAT CORREC-
TIONAL STAFF SHALL BE PRESENT, CORRECTIONAL PERSONNEL SHALL DOCUMENT IN
WRITING WITHIN FIVE DAYS: THE FACTS, AS REPORTED BY MEDICAL STAFF, ON
WHICH THE DETERMINATION WAS BASED; THE NATURE OF THE CARE BEING
PROVIDED; AND WHAT, IF ANY, ALTERNATIVES WERE ATTEMPTED TO AVOID HAVING
CORRECTIONAL STAFF PRESENT AND WHY THEY FAILED.
(E) The [woman] PERSON shall be permitted to have at least one support
person of [her] THEIR choosing accompany [her in the delivery room and
when such woman is in labor and recovering after giving birth] THEM TO A
HOSPITAL OR MEDICAL FACILITY FOR LABOR, BIRTH, POSTPARTUM RECOVERY AND
COUNSELING AND MEDICAL CARE RELATED TO PREGNANCY AND ALL PREGNANCY
OUTCOMES INCLUDING BIRTH, ABORTION, MISCARRIAGE AND STILLBIRTH AND SHALL
A. 1670--A 3
BE PERMITTED TO REMAIN WITH SUCH SUPPORT PERSON FOR THE DURATION OF
THEIR STAY IN THE HOSPITAL OR MEDICAL FACILITY SUBJECT TO THE VISITATION
RULES OF THAT HOSPITAL OR MEDICAL FACILITY. A support person shall not
need to have visited the [woman] PERSON at a correctional facility prior
to serving as a support person[. A person] AND may not be denied eligi-
bility to serve as a support person solely on the basis of a past crimi-
nal conviction or that such SUPPORT person is on probation, conditional
release, parole or post release supervision. Any decision by an [agency]
INSTITUTION OR LOCAL CORRECTIONAL FACILITY to deny a [woman's] request
[to have] FOR a specific SUPPORT person [serve as a support person]
shall be made with reasons specified in writing within five days of
[her] THE request and promptly provided to the [woman] PERSON MAKING
THE REQUEST. A support person shall be notified immediately after such
[woman] PERSON goes into labor, [or immediately after a caesarean] IS
SCHEDULED FOR LABOR INDUCTION OR A CESAREAN section [or termination], IS
IDENTIFIED AS HAVING A MISCARRIAGE OR STILLBIRTH, OR is scheduled FOR
MEDICAL CARE FOR ANY PREGNANCY OUTCOME, INCLUDING BIRTH, ABORTION,
MISCARRIAGE, AND STILLBIRTH. If available, a doula[, midwife] or other
birthing support specialist may also assist during labor [and], delivery
[in addition to at least one support person of the woman's choosing. Any
woman confined in a state or local correctional facility shall receive
notice in writing in a language and manner understandable to her about
the requirements of this section upon her admission to such state or
local correctional facility and again when she is known to be pregnant.
The superintendent or sheriff shall publish notice of the requirements
of this section in prominent locations where medical care is provided],
POSTPARTUM RECOVERY, AND DURING MEDICAL CARE FOR AND RECOVERY FROM ANY
PREGNANCY OUTCOME INCLUDING BIRTH, ABORTION, MISCARRIAGE, AND
STILLBIRTH. The superintendent or sheriff or [his or her] THEIR designee
shall cause such [woman] PERSON to be subject to return to such institu-
tion or local correctional facility [as soon] after the birth of [her]
THEIR child OR OTHER PREGNANCY OUTCOME OR PROVISION OF COUNSELING AND
MEDICAL CARE RELATED TO PREGNANCY OR ANY PREGNANCY OUTCOME as the state
of [her] THEIR health will permit as determined by the medical profes-
sional responsible for the care of such [woman] PERSON. [If such woman
is confined in a local correctional facility, the expense of such accom-
modation, maintenance and medical care shall be paid by such woman or
her relatives or from any available funds of the local correctional
facility and if not available from such sources, shall be a charge upon
the county, city or town in which is located the court from which such
incarcerated individual was committed to such local correctional facili-
ty. If such woman is confined in any institution under the control of
the department, the expense of such accommodation, maintenance and
medical care shall be paid by such woman or her relatives and if not
available from such sources, such maintenance and medical care shall be
paid by the state. In cases where payment of such accommodations, main-
tenance and medical care is assumed by the county, city or town from
which such incarcerated individual was committed the payor shall make
payment by issuing payment instrument in favor of the agency or individ-
ual that provided such accommodations and services, after certification
has been made by the head of the institution to which the incarcerated
individual was legally confined, that the charges for such accommo-
dations, maintenance and medical care were necessary and are just, and
that the institution has no available funds for such purpose.
(d)] (F) Any [woman] PERSON confined in an institution or local
correctional facility shall receive notice in writing in a language and
A. 1670--A 4
manner understandable to [her] THEM about the requirements of this
section upon [her] THEIR admission to an institution or local correc-
tional facility and again when [she is] THEY ARE known to be pregnant.
The superintendent or sheriff shall publish notice of the requirements
of this section in prominent locations where medical care is provided.
The department and the sheriff shall provide annual training on
provisions of this section to all correctional personnel who are
involved in the transportation, supervision or medical care of incarcer-
ated [women] PERSONS.
[(e)] (G) FORCE AGAINST A PREGNANT PERSON OR ANY PERSON WITHIN TWELVE
WEEKS AFTER DELIVERY OR PREGNANCY OUTCOME SHALL NOT BE USED, EXCEPT AS A
LAST RESORT, AND THEN ONLY IN SITUATIONS IN WHICH THE STAFF MEMBER
REASONABLY BELIEVES THAT FORCE IS NECESSARY TO PROTECT THEMSELVES, THE
INCARCERATED INDIVIDUAL, OR A THIRD PERSON FROM WHAT THEY REASONABLY
BELIEVE TO BE THE USE OR IMMINENT USE OF PHYSICAL FORCE BY SUCH INDIVID-
UAL THAT COULD CAUSE DEATH OR SERIOUS PHYSICAL INJURY. THE USE OF SPIT
MASKS, CHEMICAL AGENTS, TASERS, WEAPONS, CHOKEHOLDS OR BLOWS TO THE BODY
AGAINST A PREGNANT PERSON OR ANY PERSON WITHIN TWELVE WEEKS AFTER DELIV-
ERY OR PREGNANCY OUTCOME SHALL BE STRICTLY PROHIBITED.
(H) IF A DETERMINATION HAS BEEN MADE PURSUANT TO PARAGRAPH (G) OF THIS
SUBDIVISION THAT FORCE MUST BE USED, CORRECTIONAL PERSONNEL SHALL DOCU-
MENT IN WRITING WITHIN FIVE DAYS OF THE USE OF SUCH FORCE: THE FACTS
FROM WHICH THE FINDING THAT FORCE WAS NECESSARY AS A LAST RESORT WERE
BASED, WHAT NON-FORCE ALTERNATIVES WERE ATTEMPTED AND WHY THEY FAILED,
THE TYPE OR TYPES OF FORCE USED, THE LENGTH OF TIME SUCH FORCE WAS USED,
AND A DESCRIPTION OF EACH INJURY INCURRED BY THE INCARCERATED PERSON.
(I) I. The department shall report annually to the governor, the
temporary president of the senate, the minority leader of the senate,
the speaker of the assembly, the minority leader of the assembly, the
chairperson of the senate crime victims, crime and correction committee
and the chairperson of the assembly correction committee concerning:
(A) every use of restraints AND FORCE on a [woman] PERSON under this
section, including the reason such restraint was used, the type of
restraint used and the length of time such restraint was used pursuant
to paragraph [(b)] (C) of this subdivision, but shall exclude [individ-
ual identifying] PERSONALLY IDENTIFIABLE information; AND
(B) EVERY USE OF FORCE ON A PERSON UNDER THIS SECTION, INCLUDING THE
REASON SUCH FORCE WAS USED, WHAT NON-FORCE ALTERNATIVES WERE ATTEMPTED
AND WHY THEY FAILED, THE TYPE OR TYPES OF FORCE USED, THE LENGTH OF TIME
SUCH FORCE WAS USED, AND A DESCRIPTION OF EACH INJURY INCURRED BY THE
INCARCERATED PERSON PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, BUT
SHALL EXCLUDE PERSONALLY IDENTIFIABLE INFORMATION.
II. The sheriff of each county shall report AT LEAST ANNUALLY TO THE
COMMISSION, in a form and manner prescribed by the commission[,]:
(A) every use of restraints on a [woman] PERSON under this section,
including the reason such restraint was used, the type of restraint used
and the length of time such restraint was used pursuant to paragraph
[(b)] (C) of this subdivision, [annually to the commission] BUT SHALL
EXCLUDE PERSONALLY IDENTIFIABLE INFORMATION; AND
(B) EVERY USE OF FORCE ON A PERSON UNDER THIS SECTION, INCLUDING THE
REASON SUCH FORCE WAS USED, WHAT NON-FORCE ALTERNATIVES WERE ATTEMPTED
AND WHY THEY FAILED, THE TYPE OR TYPES OF FORCE USED, THE LENGTH OF TIME
SUCH FORCE WAS USED, AND A DESCRIPTION OF EACH INJURY INCURRED BY THE
INCARCERATED PERSON PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, BUT
SHALL EXCLUDE PERSONALLY IDENTIFIABLE INFORMATION. The commission shall
include such information in its annual report pursuant to section
A. 1670--A 5
forty-five of this chapter, but shall exclude identifying information
from such report.
III. Reports required by this section shall be posted on the websites
maintained by the department and the commission.
(J) THE DEPARTMENT AND THE COMMISSION SHALL ISSUE UNIFORM MINIMUM
STANDARDS AND PROCEDURES REGARDING THE IMPLEMENTATION OF THIS SUBDIVI-
SION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND TWENTY-SIX THAT AMENDED THIS SUBDIVISION.
THESE STANDARDS SHALL BE DEVELOPED IN CONSULTATION WITH MEDICAL, SOCIAL
WORK, AND MENTAL HEALTH PROFESSIONALS, INCLUDING THOSE WITH SPECIALIZA-
TIONS IN REPRODUCTIVE HEALTH CARE, PEDIATRICS, CHILD DEVELOPMENT, AND
POSTPARTUM MENTAL HEALTH, AS WELL AS ADVOCATES FOR PREGNANT PEOPLE WHO
ARE INCARCERATED, INCLUDING PRESENTLY AND FORMERLY INCARCERATED INDIVID-
UALS.
§ 2. The executive law is amended by adding a new section 837-t-1 to
read as follows:
§ 837-T-1. USE OF RESTRAINTS ON PREGNANT AND POST-PREGNANT PERSONS BY
LAW ENFORCEMENT. 1. WHERE A PERSON WHO IS KNOWN TO BE PREGNANT, IN
LABOR OR DELIVERY, OR TWELVE WEEKS POST-PREGNANCY IS IN THE CUSTODY OF
LAW ENFORCEMENT, SUBJECT TO CUSTODIAL INTERROGATION, OR HAS THEIR FREE-
DOM OF ACTION RESTRICTED BY LAW ENFORCEMENT IN ANY SIGNIFICANT WAY, THE
USE OF RESTRAINTS OF ANY KIND BY LAW ENFORCEMENT PERSONNEL SHALL BE
PROHIBITED. THE PROVISIONS OF THIS SECTION SHALL AT MINIMUM APPLY TO
POLICE STATIONS, HOLDING FACILITIES FOR PRISONERS, PROSECUTORS' OFFICES,
MEDICAL AREAS AND HOSPITALS, AND ANY FACILITY WHERE PERSONS ARE HELD IN
DETENTION IN CONNECTION WITH CRIMINAL OR JUVENILE DELINQUENCY CHARGES
THAT HAVE BEEN OR MAY BE FILED AGAINST THEM, AS WELL AS DURING TRANSFER
TO AND FROM SUCH LOCATIONS. A PERSON'S DISCLOSURE OF THEIR STATUS SHALL
SERVE AS SUFFICIENT NOTICE TO LAW ENFORCEMENT UNDER THIS PROVISION.
2. (A) IF RESTRAINTS ARE USED ON A PERSON WHO IS PREGNANT OR POST-
PREGNANCY CONTRARY TO THIS SECTION, THE LAW ENFORCEMENT PERSONNEL
RESPONSIBLE FOR SUCH USE OF RESTRAINTS SHALL DOCUMENT IN WRITING WITHIN
FIVE DAYS: THE REASON SUCH RESTRAINTS WERE USED, THE TYPE OF RESTRAINTS
USED, AND THE LENGTH OF TIME SUCH RESTRAINTS WERE USED.
(B) THE CHIEF OF EVERY POLICE DEPARTMENT, COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION, IN A FORM
AND MANNER PRESCRIBED BY THE DIVISION, ALL SUCH USES OF RESTRAINTS,
DISAGGREGATED BY COUNTY, AND SHALL INCLUDE THE FOLLOWING INFORMATION,
BUT SHALL EXCLUDE PERSONALLY IDENTIFIABLE INFORMATION:
(I) THE REASON RESTRAINTS WERE USED;
(II) THE TYPE OF RESTRAINTS USED;
(III) THE LENGTH OF TIME SUCH RESTRAINTS WERE USED;
(IV) THE RACE, ETHNICITY, AGE, AND GENDER IDENTITY OF THE INDIVIDUAL;
AND
(V) THE ZIP CODE OR LOCATION WHERE THE USE OF RESTRAINTS OCCURRED.
(C) THE DIVISION SHALL MAKE THE INFORMATION REPORTED PURSUANT TO THIS
SUBDIVISION AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE OF THE
DIVISION, EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION.
(D) THE DIVISION SHALL SUBMIT TO THE GOVERNOR AND THE LEGISLATURE AN
ANNUAL REPORT OF ALL USES OF RESTRAINTS ON PREGNANT AND POST-PREGNANT
PERSONS BY LAW ENFORCEMENT, INCLUDING THE INFORMATION REPORTED PURSUANT
TO THIS SUBDIVISION, BUT SHALL EXCLUDE PERSONALLY IDENTIFYING INFORMA-
TION.
(E) THE DIVISION MAY PROMULGATE REGULATIONS TO EFFECTUATE THE REPORT-
ING REQUIRED BY THIS SUBDIVISION.
§ 3. This act shall take effect immediately.