S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4879
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2025
                                ___________
 
 Introduced  by M. of A. KELLES, GONZALEZ-ROJAS, SIMON, CLARK, LEVENBERG,
   COLTON, BURDICK, REYES, GALLAGHER, SHRESTHA, EPSTEIN,  CRUZ,  FORREST,
   MAMDANI,  McMAHON,  LUNSFORD,  WALKER,  CUNNINGHAM, SEAWRIGHT, TAYLOR,
   SHIMSKY, BICHOTTE HERMELYN, WEPRIN,  GIBBS,  HEVESI,  SEPTIMO,  TAPIA,
   RAGA, BORES, DAVILA, SIMONE, LUCAS, GLICK -- 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative purpose and findings.  People incarcerated in
 institutions or local correctional facilities face unique  health  risks
 during  pregnancy,  childbirth, postpartum, and early childcare. Lack of
 appropriate prenatal, obstetric, and postpartum medical care, and appro-
 priate health and safety measures, can result in serious harm  to  these
 birthing  parents and their children. Birthing parents and such persons'
 young children need prenatal, obstetric, and pediatric care, as well  as
 developmentally-appropriate  resources  provided in a safe, healthy, and
 nurturing environment.  Unless  comprehensive  and  compassionate  laws,
 policies,  and  practices  are in place, the rights and care of birthing
 parents and such persons' young  children  may  be  compromised  by  the
 conditions of confinement in correctional institutions or facilities.
   §  2.  Section 611 of the correction law, as amended by chapter 242 of
 the laws of 1930, the section heading as amended by chapter 322  of  the
 laws  of  2021,  subdivision  1  as amended by chapter 17 of the laws of
 2016, paragraph (c) of subdivision 1 and  subdivision  2  as  separately
 amended  by  chapters 322 and 621 of the laws of 2021, and subdivision 4
 as amended by chapter 486 of the laws of 2022, is  amended  to  read  as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05763-02-5
 A. 4879                             2
              

 
   §  611.  [Births  to  incarcerated  individuals of correctional insti-
 tutions and care of children of incarcerated individuals of correctional
 institutions] RIGHTS AND CARE OF  BIRTHING  PARENTS  AND  SUCH  PERSONS'
 CHILDREN.  1.    FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BIRTHING  PARENT" MEANS ANY PERSON WHO IS INCARCERATED AND PREG-
 NANT, POSTPARTUM, OR WITH CUSTODY OF A CHILD UP TO TWENTY-FOUR MONTHS OF
 AGE.
   (B) "PRENATAL" MEANS THE PERIOD IN WHICH A PERSON BECOMES PREGNANT AND
 UP UNTIL BIRTH OR OTHER PREGNANCY OUTCOME OCCURS.
   (C) "PERINATAL" MEANS THE TWELVE-WEEK PERIOD IMMEDIATELY BEFORE  BIRTH
 AND THE TWELVE-WEEK PERIOD IMMEDIATELY AFTER BIRTH.
   (D)  "POSTPARTUM"  MEANS THE TWELVE-WEEK PERIOD AFTER GIVING BIRTH AND
 SHALL INCLUDE STILLBIRTH, MISCARRIAGE, AND NEONATAL DEATH, IN ACCORDANCE
 WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
   (E) "NURSERY" MEANS A SPACE WHERE A BIRTHING PARENT LIVES  WITH  THEIR
 CHILD  AND  RECEIVES  SERVICES. A NURSERY SHALL INCLUDE, AT A MINIMUM, A
 WINDOW FOR NATURAL LIGHT AND THE EQUIPMENT AND FURNISHINGS  REQUIRED  BY
 SECTION  7651.17  OF  TITLE 9 OF THE CODES, RULES AND REGULATIONS OF THE
 STATE OF NEW YORK.
   (F) "TIMELY" MEANS WITHIN THE TIMEFRAME RECOMMENDED  BY  THE  TREATING
 MEDICAL PROVIDER, UNLESS OTHERWISE SPECIFIED IN THIS SECTION.
   2.  (a)  If  a  [woman]  PERSON  confined  in any institution or local
 correctional facility be pregnant and about to give birth  to  a  child,
 the superintendent or sheriff in charge of such institution or facility,
 a  reasonable  time  before  the  anticipated birth of such child, shall
 cause such [woman] PERSON to be removed from such institution or facili-
 ty and provided with comfortable accommodations, maintenance and medical
 care elsewhere, under such supervision and safeguards to  prevent  [her]
 SUCH  BIRTHING  PARENT'S  escape  from  custody as the superintendent or
 sheriff or [his or her] THEIR designee may determine. No  restraints  of
 any kind shall be used during transport of such [woman] BIRTHING PARENT,
 a  [woman]  PERSON who is known to be pregnant by correctional personnel
 or personnel providing medical services  to  the  institution  or  local
 correctional  facility,  or a [woman] BIRTHING PARENT within eight weeks
 after delivery or pregnancy outcome, absent extraordinary  circumstances
 in which:
   i.  the  superintendent  or  sheriff or [his or her] THEIR designee in
 consultation with the medical professional responsible for the  institu-
 tion has made an individualized determination that restraints are neces-
 sary  to  prevent  such  [woman] BIRTHING PARENT from injuring [herself]
 THEMSELF or medical or  correctional  personnel  or  others  and  cannot
 reasonably be restrained by other means, including the use of additional
 personnel; or
   ii.  the correctional personnel directly responsible for the transport
 of such a [woman] BIRTHING PARENT determine that an emergency has arisen
 in which restraints are necessary because the  [woman]  BIRTHING  PARENT
 poses  an  immediate  risk  of serious injury to [herself] THEMSELVES or
 medical or correctional personnel or others  and  cannot  reasonably  be
 restrained by other means.
   (b)  If a determination has been made pursuant to subparagraph i or ii
 of paragraph (a) 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]  THEIR  designee
 pursuant  to  subparagraph  i  of  paragraph  (a) of this subdivision or
 correctional personnel pursuant to subparagraph ii of paragraph  (a)  of
 A. 4879                             3
 
 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] BIRTHING
 PARENT  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] BIRTHING PARENT during  transport  to
 and  from  and  during  [her] THEIR stay at the hospital, institution or
 clinic shall be provided to ensure adequate care, custody and control of
 the [woman] BIRTHING PARENT, except that no correctional staff shall  be
 present in the delivery room during the birth of a baby unless requested
 by  the medical staff supervising such delivery or by the [woman] BIRTH-
 ING PARENT giving birth. The [woman] BIRTHING PARENT shall be  permitted
 to  have  at  least one support person of [her] THEIR choosing accompany
 [her] THEM in the delivery room and when such [woman] BIRTHING PARENT is
 in labor and recovering after giving birth. A support person  shall  not
 need  to  have  visited  the  [woman]  BIRTHING PARENT at a correctional
 facility prior to serving as a support  person.  A  person  may  not  be
 denied eligibility to serve as a support person solely on the basis of a
 past  criminal  conviction  or  that such person is on probation, condi-
 tional release, parole or post release supervision. Any decision  by  an
 agency  to deny a [woman's] BIRTHING PARENT'S request to have a specific
 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]  BIRTHING  PARENT. A support person shall be notified imme-
 diately after such [woman] BIRTHING PARENT goes  into  labor,  or  imme-
 diately after a caesarean section or termination is scheduled. If avail-
 able,  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] BIRTHING PARENT'S choosing. Any [woman] BIRTHING
 PARENT  confined in a state or local correctional facility shall receive
 notice in writing in a language and manner understandable to [her]  SUCH
 BIRTHING  PARENT  about the requirements of this section upon [her] SUCH
 BIRTHING PARENT'S admission to such state or local correctional facility
 and again when [she] THE BIRTHING PARENT 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.  The
 superintendent  or  sheriff  or  [his or her] THEIR designee shall cause
 such [woman] BIRTHING PARENT to be subject to return to such institution
 or local correctional facility as soon after the  birth  of  [her]  SUCH
 BIRTHING  PARENT'S  child  as  the state of [her] SUCH BIRTHING PARENT'S
 health will permit as determined by the medical professional responsible
 for the care of such [woman] BIRTHING PARENT. If such  [woman]  BIRTHING
 PARENT is confined in a local correctional facility, the expense of such
 accommodation,  maintenance  and  medical  care  shall  be  paid by such
 [woman] BIRTHING PARENT or [her] THEIR 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 facility. If such [woman] BIRTHING PARENT  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] BIRTHING PARENT or [her] THEIR 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-
 A. 4879                             4
 
 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)  Any  [woman]  BIRTHING PARENT confined in an institution or local
 correctional facility shall receive notice in writing in a language  and
 manner  understandable  to [her] SUCH BIRTHING PARENT about the require-
 ments of this section upon [her] SUCH BIRTHING PARENT'S admission to  an
 institution  or  local  correctional  facility and again when [she] SUCH
 BIRTHING PARENT 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. The department and the sheriff
 shall provide annual training on  provisions  of  this  section  to  all
 correctional  personnel  who  are involved in the transportation, super-
 vision or medical care of incarcerated [women] INDIVIDUALS.
   (e) The department shall report annually to the governor,  the  tempo-
 rary  president  of  the  senate, the minority leader of the senate, the
 speaker of the assembly, the minority leader of the assembly, the chair-
 person of the senate crime victims, crime and correction  committee  and
 the  chairperson  of  the assembly correction committee concerning every
 use of restraints on a  [woman]  BIRTHING  PARENT  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)
 of  this  subdivision, but shall exclude individual identifying informa-
 tion. The sheriff of each county shall report,  in  a  form  and  manner
 prescribed  by  the  commission,  every  use  of restraints on a [woman]
 BIRTHING PARENT 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) of this subdivision,  annu-
 ally to the commission. The commission shall include such information in
 its  annual  report  pursuant to section forty-five of this chapter, but
 shall exclude identifying information from such report. Reports required
 by this section shall be  posted  on  the  websites  maintained  by  the
 department and the commission.
   [2.]  3.  BIRTHING  PARENTS  SHALL  BE PROVIDED WITH COMPREHENSIVE AND
 UNINTERRUPTED  ACCESS  TO  PRENATAL,  PERINATAL,  AND  POSTPARTUM  CARE,
 INCLUDING ALL NECESSARY PRENATAL SCREENING AND DIAGNOSTIC TESTS, MEDICA-
 TION  AS  PRESCRIBED  BY  MEDICAL PERSONNEL, CONSULTATION AND TREATMENT,
 INCLUDING TREATMENT BY SPECIALISTS, AND APPROPRIATE MEDICAL  CARE  AFTER
 DELIVERY  OR  OTHER  PREGNANCY  OUTCOMES, INCLUDING POSTPARTUM PHYSICAL,
 MENTAL, AND REPRODUCTIVE HEALTH CARE, AS  RECOMMENDED  BY  THE  AMERICAN
 COLLEGE  OF  OBSTETRICIANS  AND  GYNECOLOGISTS.   THE COMMISSIONER SHALL
 ESTABLISH RULES AND REGULATIONS RELATING TO CONDITIONS IN  THE  INSTITU-
 TION  OR  LOCAL  CORRECTIONAL  FACILITY,  TREATMENT  AND CARE THAT SHALL
 INCLUDE, BUT IS NOT LIMITED TO:
   (A) REGULARLY SCHEDULED OBSTETRIC CARE  APPOINTMENTS  WITH  A  MEDICAL
 PRACTITIONER,  BEGINNING  IN  EARLY  PREGNANCY,  WITHIN  ONE WEEK OF THE
 INSTITUTION OR LOCAL CORRECTIONAL FACILITY  LEARNING  AN  INDIVIDUAL  IS
 PREGNANT, AND CONTINUING AS RECOMMENDED BY MEDICAL PERSONNEL THROUGH THE
 POSTPARTUM PERIOD;
   (B)  THE APPOINTMENT WITHIN THE FIRST WEEK OF THE INSTITUTION OR LOCAL
 CORRECTIONAL FACILITY UPON LEARNING  AN  INDIVIDUAL  IS  PREGNANT  SHALL
 A. 4879                             5
 
 INCLUDE  A COMPREHENSIVE PRENATAL EXAMINATION APPROPRIATE TO THE TRIMES-
 TER AND HEALTH OF SUCH INDIVIDUAL AS RECOMMENDED BY THE AMERICAN COLLEGE
 OF OBSTETRICIANS AND GYNECOLOGISTS. IF THE MEDICAL PRACTITIONER IS NOT A
 HIGH-RISK  OBSTETRICIAN  AND  DETERMINES  THAT A REFERRAL TO A HIGH-RISK
 OBSTETRICIAN IS NECESSARY, SUCH INDIVIDUAL SHALL BE REFERRED TO A  HIGH-
 RISK OBSTETRICIAN WITHOUT DELAY;
   (C) PRENATAL APPOINTMENTS WITH A MEDICAL PRACTITIONER PURSUANT TO THIS
 PARAGRAPH  AT  A  FREQUENCY  OF, AT A MINIMUM, ONCE PER MONTH DURING THE
 FIRST SIX MONTHS OF PREGNANCY, TWICE PER MONTH DURING  THE  SEVENTH  AND
 EIGHTH MONTHS OF PREGNANCY, AND WEEKLY DURING THE LAST MONTH OF PREGNAN-
 CY IF SUCH INDIVIDUAL DOES NOT HAVE A HIGH-RISK PREGNANCY;
   (D)  FETAL ULTRASOUND IMAGING CONDUCTED BY A SONOGRAPHER WHO IS CERTI-
 FIED IN OR WHO HAS RECEIVED A  DEGREE  IN  SONOGRAPHY  FROM  A  NATIONAL
 CERTIFYING  OR  DEGREE-GRANTING  BODY  AT  A FREQUENCY DETERMINED BY THE
 MEDICAL PRACTITIONER CARING FOR SUCH INDIVIDUAL, INCLUDING, AT  A  MINI-
 MUM:  ONE DATING ULTRASOUND IF SUCH INDIVIDUAL IS IN THEIR FIRST TRIMES-
 TER  OR  HAS NOT YET HAD OR DOES NOT HAVE RECORDS OF A PRIOR SUCH ULTRA-
 SOUND; ONE ULTRASOUND TO  ASSESS  FETAL  ANATOMY  BETWEEN  EIGHTEEN  AND
 TWENTY-TWO  WEEKS  OF  PREGNANCY  IF SUCH INDIVIDUAL HAS NOT YET REACHED
 TWENTY-TWO WEEKS OF PREGNANCY; AND WITHIN TWO WEEKS OF ENTERING  CUSTODY
 IN  AN  INSTITUTION  OR  LOCAL  CORRECTIONAL FACILITY IF SUCH INDIVIDUAL
 ENTERS CUSTODY PAST TWENTY-TWO WEEKS OF PREGNANCY. SUCH INDIVIDUAL SHALL
 BE PERMITTED TO VIEW THEIR ULTRASOUND IMAGING DURING THE  PROCEDURE  AND
 SHALL  BE  PROVIDED  WITH PHYSICAL IMAGES FROM THE ULTRASOUND TO KEEP AT
 THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY AND  AN  ADDITIONAL  COPY
 FOR  A PERSON OF THE INDIVIDUAL'S CHOOSING IF SUCH IMAGES ARE CAPABLE OF
 BEING GENERATED AND IF SUCH INDIVIDUAL WANTS SUCH IMAGES;
   (E) FOR INDIVIDUALS WITH  A  HIGH-RISK  PREGNANCY,  THE  FREQUENCY  OF
 PRENATAL  APPOINTMENTS SHALL BE DETERMINED BY THE HIGH-RISK OBSTETRICIAN
 CARING FOR SUCH INDIVIDUALS IN LINE WITH RECOMMENDATIONS BY THE AMERICAN
 COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
   (F) EMERGENCY ACCESS TO A MEDICAL PRACTITIONER PURSUANT TO THIS  PARA-
 GRAPH  FOR  TWENTY-FOUR  HOURS PER DAY SEVEN DAYS PER WEEK. IF EMERGENCY
 ACCESS IS NEEDED, SUCH INDIVIDUALS SHALL BE PERMITTED TO SPEAK WITH SUCH
 PRACTITIONERS DIRECTLY;
   (G) NO CORRECTION STAFF OR VOLUNTEERS SHALL BE  PRESENT  DURING  THESE
 EXAMINATIONS  UNLESS  REQUESTED BY THE BIRTHING PARENT OR BY THE MEDICAL
 STAFF WHEN THE SITUATION POSES A CLEAR RISK OF  DANGER  TO  THE  MEDICAL
 STAFF OR OTHERS;
   (H)  AT  LEAST ONCE EACH TRIMESTER, A CONSULTATION WITH A NUTRITIONIST
 OR DIETICIAN ABOUT PREGNANCY APPROPRIATE NUTRITION AND  PHYSICAL  ACTIV-
 ITY;
   (I)  ACCESS  TO A DENTIST WITHIN ONE MONTH OF THE INSTITUTION OR LOCAL
 CORRECTIONAL FACILITY LEARNING SUCH INDIVIDUAL IS PREGNANT. SUCH DENTIST
 SHALL OFFER SUCH INDIVIDUAL A COMPREHENSIVE EXAM, CLEANING,  AND  TIMELY
 REFERRAL TO DENTAL SPECIALISTS IF NECESSARY, PURSUANT TO THE RECOMMENDA-
 TIONS BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
   (J) AT LEAST ONE CONSULTATION PRIOR TO THE BIRTH BETWEEN SUCH INDIVID-
 UAL  AND  SUCH INDIVIDUAL'S MEDICAL PRACTITIONER, MIDWIFE, AND/OR DOULA,
 TO DISCUSS ANTICIPATORY GUIDANCE RELATED TO THE BIRTH  AND  ESTABLISH  A
 BIRTH PLAN, INCLUDING BUT NOT LIMITED TO:
   (I)  MODES  OF DELIVERY, POSSIBLE INTERVENTIONS AND GUIDANCE REGARDING
 MEDICAL TESTING AND FETAL MONITORING;
   (II) MEDICATION THAT MAY BE EMPLOYED DURING  BIRTH  AND  THE  POSSIBLE
 SIDE  EFFECTS  OF  SUCH  MEDICATION ON SUCH INDIVIDUAL AND THEIR NEWBORN
 A. 4879                             6
 
 CONSISTENT WITH SECTION TWENTY-FIVE HUNDRED THREE OF THE  PUBLIC  HEALTH
 LAW;
   (III) PREFERENCES FOR NEWBORN FEEDING AND CARE, INCLUDING CIRCUMCISION
 IF APPLICABLE;
   (IV)  INFORMATION  FOR MATERNITY PATIENTS AS REQUIRED BY SECTION TWEN-
 TY-EIGHT HUNDRED THREE-J OF THE PUBLIC HEALTH LAW;
   (V) INFORMATION REGARDING THE LENGTH OF HOSPITAL  STAY  FOR  MATERNITY
 PATIENTS CONTAINED IN SECTION TWENTY-EIGHT HUNDRED THREE-N OF THE PUBLIC
 HEALTH LAW; AND
   (VI)  A  COMPREHENSIVE  POSTPARTUM APPOINTMENT SCHEDULE WITH A MEDICAL
 PRACTITIONER PURSUANT TO THIS PARAGRAPH AT  A  FREQUENCY  DETERMINED  BY
 SUCH PRACTITIONER BASED ON THE HEALTH OF SUCH INDIVIDUAL AND ANY COMPLI-
 CATIONS  RELATED TO BIRTH, INCLUDING ONE APPOINTMENT THREE WEEKS AFTER A
 VAGINAL BIRTH AND TWO  WEEKS  AFTER  A  CESAREAN  SECTION,  AND  ANOTHER
 APPOINTMENT TWELVE WEEKS AFTER BIRTH, IN ACCORDANCE WITH RECOMMENDATIONS
 FROM THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
   (K)  PERINATAL  VITAMINS  THAT MEET THE STANDARDS OF THE UNITED STATES
 FOOD AND DRUG ADMINISTRATION AND THAT INCLUDE KEY VITAMINS AND  MINERALS
 AS  RECOMMENDED  BY  THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLO-
 GISTS IN ORDER TO SAFELY DELIVER A CHILD AND BREAST FEED THEM;
   (L) EVIDENCE-BASED TREATMENT AND MEDICATION FOR OPIOID  USE  DISORDER,
 SMOKING  CESSATION,  ALCOHOL USE DISORDER AND OTHER SUBSTANCE USE DISOR-
 DERS SHALL NOT BE DENIED ON ACCOUNT OF PREGNANCY;
   (M) SCREENING FOR HIV, HEPATITIS B,  SYPHILIS,  CHLAMYDIAL  INFECTION,
 AND  NEISSERIA  GONORRHEAE,  AS  RECOMMENDED  BY THE AMERICAN ACADEMY OF
 PEDIATRICS AND THE AMERICAN COLLEGE OF OBSTETRICIANS  AND  GYNECOLOGISTS
 WITH PRIOR WRITTEN AND ORAL INFORMED CONSENT SPECIFIC TO THE TEST;
   (N) CONSULTATION ACCESS TO INFLUENZA AND TDAP VACCINES;
   (O) SCREENING FOR MENTAL HEALTH CONCERNS AND PSYCHOLOGICAL AND PSYCHI-
 ATRIC  THERAPY AND TREATMENT AS NEEDED, INCLUDING CONSULTATION REGARDING
 PSYCHIATRIC MEDICATIONS AND PROVISION TO  PSYCHIATRIC  MEDICATIONS  THAT
 ARE SAFE DURING PREGNANCY;
   (P)  MEDICAL  CARE DURING LABOR AND DELIVERY, WHICH SHALL INCLUDE CARE
 BY QUALIFIED MEDICAL PERSONNEL, SUCH AS SOMEONE WHO HAS  BEEN  CERTIFIED
 IN OBSTETRICS BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR A COMPARA-
 BLE  NATIONAL CERTIFYING BOARD OR A MIDWIFE LICENSED TO PRACTICE MIDWIF-
 ERY PURSUANT TO ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW  PROVIDED
 THAT  SUCH A MIDWIFE IS AVAILABLE AND SUCH INDIVIDUAL REQUESTS MIDWIFERY
 CARE AND NECESSARY MEDICAL EQUIPMENT,  INCLUDING  FULL  ACCESS  TO  PAIN
 MANAGEMENT  MEDICATIONS WHEN SAFE. A BIRTHING PARENT SHALL REMAIN AT THE
 HOSPITAL AND IN CARE BY  QUALIFIED  MEDICAL  PERSONNEL  FOR  FORTY-EIGHT
 HOURS  AFTER  VAGINAL BIRTH AND NINETY-SIX HOURS AFTER CESAREAN BIRTH IN
 ACCORDANCE WITH RECOMMENDATIONS FROM THE AMERICAN COLLEGE  OF  OBSTETRI-
 CIANS AND GYNECOLOGISTS.  PRIOR TO RELEASE FROM THE HOSPITAL, THE BIRTH-
 ING  PARENT  SHALL RECEIVE CONSULTATIONS FROM QUALIFIED PRACTITIONERS TO
 INCLUDE BUT NOT BE LIMITED TO:
   (I) A CERTIFIED DIETICIAN AND/OR NUTRITIONIST FOR POSTPARTUM  PHYSICAL
 ACTIVITY  RECOMMENDATIONS  APPROPRIATE TO LABOR AND DELIVERY OUTCOMES OF
 THE BIRTHING PARENT; AND
   (II) A CERTIFIED LACTATION CONSULTANT TO ASSESS, DIAGNOSE,  AND  TREAT
 ANY  BREASTFEEDING  ISSUES SUCH AS NIPPLE SORENESS, CRACKING OR BLISTER-
 ING, AND TO PROVIDE EDUCATION  ON  PROPER  LATCHING,  POSITIONING,  MILK
 SUPPLY  MANAGEMENT,  AND  COMMON BREASTFEEDING CONSIDERATIONS, INCLUDING
 BUT NOT LIMITED TO, CHALLENGES EXPRESSING  BREAST  MILK,  PROPER  BREAST
 PUMP  AND STORAGE TECHNIQUES, AND DIETARY CONSIDERATIONS AND MEDICATIONS
 THAT MAY IMPACT BREASTFEEDING;
 A. 4879                             7

   (Q) TIMELY ACCESS TO MEDICATIONS, VACCINES, AND  PRENATAL,  PERINATAL,
 POSTPARTUM,  AND  FETAL TESTS AS RECOMMENDED BY THE MEDICAL PRACTITIONER
 CARING FOR SUCH INDIVIDUAL AND TIMELY ACCESS TO RESULTS OF  SUCH  TESTS,
 INCLUDING  TESTS  IDENTIFYING  THE  SEX OF THE FETUS, IF SUCH INDIVIDUAL
 CONFIRMS THEY WANT THIS INFORMATION;
   (R) APPROPRIATE HYDRATION AND NUTRITION.  SUCH HYDRATION SHALL INCLUDE
 DISTILLED  WATER  FOR  BOTTLES  AND BOTTLED FILTERED WATER FOR DRINKING.
 SUCH NUTRITION SHALL INCLUDE THE PROVISION  OF  ADDITIONAL  PORTIONS  OF
 NUTRITIOUS  FOOD,  FRESH  FRUITS AND VEGETABLES THAT ARE SAFE TO CONSUME
 DURING THE PRENATAL, PERINATAL AND POSTPARTUM PERIODS, INCLUDING BREAST-
 FEEDING-RELATED NUTRITIONAL RECOMMENDATIONS OF THE AMERICAN  COLLEGE  OF
 OBSTETRICIANS  AND GYNECOLOGISTS AND THE AMERICAN ACADEMY OF PEDIATRICS.
 THESE INDIVIDUALS MAY REQUEST AN ADDITIONAL  TRAY  OF  FOOD,  MILK,  AND
 HYDRATION  TO BRING BACK TO THEIR LIVING AREA DURING THE PRENATAL, PERI-
 NATAL AND POSTPARTUM PERIODS AND WHILE BREASTFEEDING;
   (S) REGULAR ACCESS TO SAFE AND APPROPRIATE EXERCISE FACILITIES FOR  AT
 LEAST  ONE  HOUR  PER  DAY DURING THE PRENATAL, PERINATAL AND POSTPARTUM
 PERIODS AS APPROPRIATE TO THEIR PHYSICAL HEALTH AND  BIRTH  OUTCOME,  AS
 WELL  AS  TRIPS  OUTSIDE  THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY
 GUIDED BY CORRECTIONAL OFFICERS FOR BIRTHING PARENTS;
   (T) REASONABLE ACCOMMODATIONS FOR SLEEP, REST, AND  WORK  REQUIREMENTS
 FOR THE PRENATAL, PERINATAL AND POSTPARTUM PERIODS AND THE ENTIRE PERIOD
 THE CHILD REMAINS WITH BIRTHING PARENT.  REPRIEVE FROM DAILY ACTIVITIES,
 SUCH  AS  REPEATEDLY  CLIMBING  STAIRS  AND  LIFTING HEAVY ITEMS, IF THE
 MEDICAL PRACTITIONER PROVIDING CARE TO SUCH INDIVIDUAL  DETERMINES  THAT
 SUCH ACTIVITIES PRESENT A RISK OF HARM TO SUCH INDIVIDUAL;
   (U)  ACCESS  TO  SEATING  WITH BACK SUPPORT IN SITUATIONS THAT REQUIRE
 SITTING, INCLUDING WAITING  FOR  AN  APPOINTMENT  AND  PARTICIPATING  IN
 PROGRAMS OR WORK DUTIES;
   (V)  PRIVACY WITH REGARD TO THE CARE OF PRENATAL, PERINATAL, AND POST-
 PARTUM CONDITIONS. BREASTFEEDING BIRTHING PARENTS SHALL HAVE ACCESS TO A
 NURSING COVER;
   (W) PREVENTION FROM EXPOSURE TO SUBSTANCES  OR  CHEMICALS  THAT  COULD
 PRESENT A RISK OF HARM TO THE BIRTHING PARENT DURING THE PRENATAL, PERI-
 NATAL AND POSTPARTUM PERIODS OR SUCH PERSON'S FETUS OR INFANT;
   (X)  SAFE  AND  APPROPRIATE  HOUSING  AND LIVING CONDITIONS, INCLUDING
 ADEQUATE BEDDING, CLOTHING, AND PERSONAL HYGIENE AND SELF-CARE  SUPPLIES
 DURING  PRENATAL, PERINATAL AND POSTPARTUM PERIODS AND DURING THE ENTIRE
 PERIOD THE CHILD REMAINS WITH THE BIRTHING  PARENT.    BEDDING  INCLUDES
 ADDITIONAL MATTRESSES, PILLOWS, BLANKETS, AND SHEETS;
   (Y) IN-PERSON CONSULTATIONS WITH LEGAL COUNSEL OF THEIR CHOICE REGARD-
 ING  THEIR  POSTPARTUM DECISIONS RELATED TO THE SHORT TERM AND LONG TERM
 CARE OF THE CHILD, OR BY TELEPHONE OR VIDEO IF NECESSARY, AND  APPROPRI-
 ATE  PEER  AND SOCIAL SUPPORT OF OTHER INCARCERATED PARENTS IN PERSON OR
 ONLINE OR VIA VIDEOCONFERENCE IF NECESSARY. SUCH POSTPARTUM  INDIVIDUALS
 SHALL ALSO HAVE ACCESS TO REASONABLE TECHNOLOGY TO TAKE AND SHARE PHOTOS
 OF SUCH PERSON'S CHILD;
   (Z)  AUTHORITY  TO  MAKE  DECISIONS REGARDING THEIR CHILD'S DAILY LIFE
 INCLUDING FEEDING, DRESSING, SLEEPING, AND HYGIENE, PROVIDED  THAT  SUCH
 DECISIONS  DO  NOT PRESENT A SIGNIFICANT RISK TO THE HEALTH OF THE CHILD
 OR THE SAFETY AND SECURITY OF  THE  INSTITUTION  OR  LOCAL  CORRECTIONAL
 FACILITY; AND
   (AA)  FREEDOM  FROM DISCRIMINATION WITH RESPECT TO ACCESS TO SERVICES,
 EDUCATION OR PROGRAMMING, INCLUDING PROGRAMMING RELATED TO EARLY RELEASE
 OR SENTENCE-SHORTENING OPTIONS.
 A. 4879                             8
 
   4. (A) A child [so born may be returned with its mother to the correc-
 tional institution in which the mother is confined] SHALL HAVE THE RIGHT
 TO RETURN WITH THEIR BIRTHING PARENT AND REMAIN IN  THE  INSTITUTION  OR
 LOCAL CORRECTIONAL FACILITY WITH THEIR BIRTHING PARENT:
   (I) UNTIL THE CHILD IS EIGHTEEN MONTHS OLD; PROVIDED, HOWEVER, THAT IF
 THE BIRTHING PARENT IS TO BE PAROLED BY THE TIME THE CHILD BECOMES TWEN-
 TY-FOUR    MONTHS  OF  AGE,  SUCH CHILD MAY REMAIN AT THE INSTITUTION OR
 LOCAL CORRECTIONAL FACILITY UNTIL THE BIRTHING PARENT IS PAROLED.  IF  A
 BIRTHING PARENT OF A CHILD UNDER THE AGE OF EIGHTEEN MONTHS IS INCARCER-
 ATED  AT  AN  INSTITUTION OR LOCAL CORRECTIONAL FACILITY, SUCH CHILD MAY
 ACCOMPANY SUCH PERSON TO SUCH INSTITUTION  OR FACILITY IF SUCH PERSON IS
 PHYSICALLY FIT TO HAVE THE CARE OF SUCH CHILD, SUBJECT TO THE PROVISIONS
 OF THIS SECTION. IF ANY PERSON COMMITTED  TO  ANY  SUCH  INSTITUTION  OR
 FACILITY  AT  THE TIME OF SUCH COMMITMENT IS THE BIRTHING PARENT OF, AND
 HAS UNDER THEIR EXCLUSIVE CARE, A CHILD MORE  THAN  EIGHTEEN  MONTHS  OF
 AGE,  THE  JUSTICE OR MAGISTRATE COMMITTING SUCH PERSON SHALL REFER SUCH
 CHILD TO THE COMMISSIONER OF PUBLIC WELFARE OR OTHER  OFFICER  OR  BOARD
 EXERCISING IN RELATION TO CHILDREN THE POWER OF A COMMISSIONER OF PUBLIC
 WELFARE OF THE COUNTY FROM WHICH THE PERSON IS COMMITTED TO BE CARED FOR
 AS  PROVIDED  BY  LAW IN THE CASE OF A CHILD BECOMING DEPENDENT UPON THE
 COUNTY.
   (II) unless the chief medical officer of the  [correctional]  institu-
 tion  [shall certify that the mother is physically unfit to care for the
 child, in which case the statement of the said medical officer shall  be
 final.    A  child  may  remain in the correctional institution with its
 mother for such period as seems desirable for the welfare of such child,
 but not after it is one year of age, provided, however, if the mother is
 in a state reformatory and is to be  paroled  shortly  after  the  child
 becomes  one year of age, such child may remain at the state reformatory
 until its mother is paroled, but in no case after the child is  eighteen
 months  old.  If  a pregnant woman or mother of a child under the age of
 eighteen months is incarcerated at a state or local correctional facili-
 ty, the department shall inform her of her ability to apply to any nurs-
 ery program run by the department and the locality] OR LOCAL CORRECTION-
 AL FACILITY DEMONSTRATES A FINDING BY CLEAR AND CONVINCING EVIDENCE THAT
 SUCH PERSON POSES AN IMMINENT RISK TO  THE  HEALTH  AND  SAFETY  OF  THE
 CHILD.
   (B)  Any  [woman] PERSON confined in [a state] AN INSTITUTION or local
 correctional facility shall receive notice in writing in a language  and
 manner  understandable  to  [her] THEM about [the requirements of] THEIR
 RIGHTS UNDER this section upon [her] THEIR admission  to  [a  state]  AN
 INSTITUTION  or local correctional 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] SUCH RIGHTS in prominent
 locations where medical care is provided. [The officer in charge of such
 institution may cause a child cared for therein with its  mother  to  be
 removed from the institution at any time before the child is one year of
 age.  He or she shall make provision for a child removed from the insti-
 tution without its mother or a child born to a woman incarcerated  indi-
 vidual who is not returned to the institution with its mother as herein-
 after provided. He or she]
   (C)  NO  CHILD  SHALL  BE REMOVED FROM THE NURSERY WITHOUT THE EXPRESS
 ORAL AND WRITTEN CONSENT OF THE BIRTHING PARENT OR A FINDING,  BY  CLEAR
 AND CONVINCING EVIDENCE, THAT THE BIRTHING PARENT POSES AN IMMINENT RISK
 TO THE HEALTH AND SAFETY OF THE CHILD AND THAT THIS RISK CANNOT BE MITI-
 GATED  THROUGH  REASONABLE EFFORTS ON BEHALF OF THE INSTITUTION OR LOCAL
 A. 4879                             9
 
 CORRECTIONAL FACILITY. THE RIGHT TO COUNSEL AND  DUE  PROCESS  SHALL  BE
 AFFORDED  TO  THE  BIRTHING  PARENT AS WELL AS TO THE CHILD PRIOR TO, OR
 SHORTLY AFTER, SUCH REMOVAL AND IF THE FINDING ABOVE IS  NOT  SUSTAINED,
 THE  CHILD  SHALL BE IMMEDIATELY RETURNED TO THE CARE AND CUSTODY OF THE
 BIRTHING PARENT. THE OFFICER  IN  CHARGE  OF  AN  INSTITUTION  OR  LOCAL
 CORRECTIONAL  FACILITY  may,  upon proof being furnished by the [father]
 NON-BIRTHING PARENT or other relatives of [their] SUCH RELATIVES' abili-
 ty to properly care for and maintain such child, AND  WITH  THE  EXPRESS
 WRITTEN  AND  ORAL  CONSENT OF THE BIRTHING PARENT WHO GAVE BIRTH TO THE
 CHILD WITHIN THE PREVIOUS EIGHTEEN MONTHS, give the child into the  care
 and custody of such [father] NON-BIRTHING PARENT or other relatives, who
 shall  thereafter  maintain  the  same at their own expense. If it shall
 appear that such [father] NON-BIRTHING PARENT  or  other  relatives  are
 unable  to properly care for and maintain such child, such officer shall
 place the child in the care of the commissioner  of  public  welfare  or
 other officer or board exercising in relation to children the power of a
 commissioner  of public welfare of the county from which such [incarcer-
 ated individual] BIRTHING PARENT was committed as  a  charge  upon  such
 county. The officer in charge of the correctional institution shall send
 to  such  commissioner,  officer  or  board  a report of all information
 available in regard to the [mother] BIRTHING PARENT and the child.  Such
 commissioner  of public welfare or other officer or board shall care for
 or place out such child as provided by law in the case of a child becom-
 ing dependent upon the county.
   [3. If any woman, committed to any such  correctional  institution  at
 the time of such commitment is the mother of a nursing child in her care
 under  one year of age, such child may accompany her to such institution
 if she is physically fit to have the care of such child, subject to  the
 provisions of subdivision two of this section. If any woman committed to
 any such institution at the time of such commitment is the mother of and
 has  under  her  exclusive  care  a  child more than one year of age the
 justice or magistrate committing such woman shall refer  such  child  to
 the  commissioner of public welfare or other officer or board exercising
 in relation to children the power of a commissioner of public welfare of
 the county from which the woman is committed to be cared for as provided
 by law in the case of a child becoming dependent upon the county.
   4.] 5.  THE BIRTHING PARENT AND THEIR CHILD  IN  THE  NURSERY  OF  THE
 CORRECTIONAL  INSTITUTION  OR LOCAL CORRECTIONAL FACILITY SHALL BE ENTI-
 TLED TO THE FOLLOWING RIGHTS AND CONDITIONS:
   (A) SEPARATION OR THE THREAT OF SEPARATION OF A BIRTHING PARENT WHO IS
 CARING FOR THEIR CHILD IN  THE  NURSERY  OF  THE  INSTITUTION  OR  LOCAL
 CORRECTIONAL  FACILITY  SHALL  NEVER  BE  USED AS A DISCIPLINARY TOOL OR
 SANCTION.
   (B) NO PERSON SHALL CARE FOR THE CHILD WITHOUT THE EXPRESS  PERMISSION
 OF THE BIRTHING PARENT.
   (C)  BIRTHING  PARENTS  WHO  ARE CARING FOR THEIR CHILD IN THE NURSERY
 WHILE INCARCERATED SHALL HAVE QUIET AND PRIVATE  SLEEPING  SPACES  UNTIL
 THEIR  CHILD  IS  WEANED  OR  SUCH CHILD CONSISTENTLY SLEEPS THROUGH THE
 NIGHT, WHICHEVER OCCURS LATER.
   (D) BIRTHING PARENTS WHO ARE CARING FOR THEIR CHILD IN THE NURSERY  OF
 THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL HAVE TIMELY CONSUL-
 TATIONS  WITH  PEDIATRICIANS,  INCLUDING IN-PERSON CONSULTATIONS.  THESE
 APPOINTMENTS SHALL BE CONDUCTED AFTER BIRTH, AT ONE MONTH,  TWO  MONTHS,
 FOUR MONTHS, SIX MONTHS, NINE MONTHS, ONE YEAR, FIFTEEN MONTHS, EIGHTEEN
 MONTHS,  AND  TWENTY-FOUR  MONTHS,  ACCORDING TO THE AMERICAN ACADEMY OF
 PEDIATRICS.
 A. 4879                            10
 
   (E) BIRTHING PARENTS WHO ARE CARING FOR THEIR CHILD IN THE NURSERY  OF
 THE  INSTITUTION  OR  LOCAL CORRECTIONAL FACILITY SHALL BE PROVIDED WITH
 APPROPRIATE OVER-THE-COUNTER MEDICATIONS FOR THEIR CHILD, REGARDLESS  OF
 WHETHER THE BIRTHING PARENT HAS CONSULTED WITH A PEDIATRICIAN.
   (F) BIRTHING PARENTS WHO HAVE GIVEN BIRTH WITHIN THE PREVIOUS EIGHTEEN
 MONTHS  SHALL  BE PROVIDED WITH COUNSELING REGARDING ALL OPTIONS OPEN TO
 THEM, INCLUDING ALL RIGHTS UNDER THIS SECTION  TO  POSTPARTUM  CARE,  TO
 MAINTAIN  THE  CARE  AND  CUSTODY OF THEIR CHILD WHILE INCARCERATED, ALL
 RIGHTS OF SUCH CHILD TO RECEIVE PEDIATRIC CARE AND A SAFE, NURTURING AND
 DEVELOPMENTALLY APPROPRIATE ENVIRONMENT, AND ALTERNATIVE  CARE  ARRANGE-
 MENTS FOR THEIR CHILD.
   (G) UNDER NO CIRCUMSTANCES SHALL A BIRTHING PARENT WHO HAS GIVEN BIRTH
 WITHIN THE PRIOR EIGHTEEN MONTHS AND WHO IS CARING FOR THEIR CHILD WHILE
 INCARCERATED  BE  SUBJECTED TO ISOLATION OR SEGREGATED CONFINEMENT, USED
 AS A DISCIPLINARY TOOL OR SANCTION, WITH OR WITHOUT THEIR CHILD.
   6. CHILDREN BORN TO BIRTHING PARENTS AND WHO  ARE  CARED  FOR  IN  THE
 NURSERY OF THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL HAVE THE
 RIGHT TO THE FOLLOWING:
   (A)  IN  ADDITION TO THE REQUIREMENTS OF SECTION 7651.17 OF TITLE 9 OF
 THE CODES, RULES AND REGULATIONS OF THE STATE OF NEW  YORK,  APPROPRIATE
 PEDIATRIC  CARE, INCLUDING ALL NECESSARY MEDICAL AND DEVELOPMENTAL TEST-
 ING, AS RECOMMENDED BY THE AMERICAN ACADEMY OF PEDIATRICS;
   (B) AN APPOINTMENT FOR SUCH CHILD WITH A PHYSICIAN, PHYSICIAN  ASSIST-
 ANT,  OR  NURSE  PRACTITIONER  WHO IS CERTIFIED BY A NATIONAL CERTIFYING
 BOARD TO PROVIDE PEDIATRIC CARE AT THE NEXT MEDICALLY APPROPRIATE  POINT
 AFTER  LEAVING  THE  HOSPITAL  IN  WHICH  THE CHILD WAS BORN, ALONG WITH
 APPOINTMENTS WITH SUCH A PRACTITIONER AT  REGULAR  INTERVALS  AS  RECOM-
 MENDED BY THE AMERICAN ACADEMY OF PEDIATRICS AND TIMELY ACCESS TO PEDIA-
 TRIC  SPECIALISTS  AS  RECOMMENDED BY SUCH A PRACTITIONER. SUCH APPOINT-
 MENTS SHALL BE CONDUCTED  AFTER  BIRTH,  ONE  MONTH,  TWO  MONTHS,  FOUR
 MONTHS,  SIX  MONTHS,  NINE  MONTHS,  ONE YEAR, FIFTEEN MONTHS, EIGHTEEN
 MONTHS, AND TWENTY-FOUR MONTHS;
   (C) EMERGENCY ACCESS TO A PHYSICIAN,  PHYSICIAN  ASSISTANT,  OR  NURSE
 PRACTITIONER  WHO IS CERTIFIED BY A NATIONAL CERTIFYING BOARD TO PROVIDE
 PEDIATRIC CARE TWENTY-FOUR HOURS PER DAY,  SEVEN  DAYS  PER  WEEK.  SUCH
 EMERGENCY ACCESS SHALL INCLUDE MEDICAL CARE FOR INFANTS WITHIN TWO HOURS
 OF  INFANT  DISTRESS. A TELEHEALTH OPTION SHALL BE AVAILABLE WHEN NECES-
 SARY AS A LAST RESORT;
   (D) ACCESS TO ALL RELEVANT FEATURES OF  EARLY  INTERVENTION  OR  OTHER
 SPECIAL  MEDICAL  OR DEVELOPMENTAL SERVICES WHEN NEEDED AS DETERMINED BY
 AN ASSESSMENT, VIA EXPERTS WITHIN OR OUTSIDE THE FACILITY AS  STATED  IN
 ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
   (E)  A  CLEAN,  SAFE  AND  NURTURING  ENVIRONMENT  FOR CHILDREN, WHICH
 INCLUDES SAFE AND APPROPRIATE SLEEPING ARRANGEMENTS THAT REDUCE THE RISK
 OF SUDDEN INFANT DEATH SYNDROME, SAFE AND APPROPRIATE  PLAYING,  EATING,
 AND  BATHING  SPACES,  ADEQUATE  HYGIENE  AND  PERSONAL  CARE  SUPPLIES,
 ADEQUATE OVER-THE-COUNTER  MEDICATION  FOR  COMMON  CONDITIONS  SUCH  AS
 COLDS,  TEETHING  PAIN,  AND  DIAPER  RASH,  AND DAILY ACCESS TO NATURAL
 LIGHT, QUIET, AND MUSIC;
   (F) ACCESS TO NONPRESCRIPTION  PEDIATRIC  MEDICATIONS,  CREAMS,  OINT-
 MENTS,  AND  SPRAYS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION UPON THE BIRTHING PARENT'S REQUEST;
   (G) FULL OPPORTUNITY TO  BOND  WITH  SUCH  CHILD'S  BIRTHING  PARENTS,
 INCLUDING  CONSISTENT  AND  EXTENSIVE PHYSICAL SKIN-TO-SKIN CONTACT FROM
 THE MOMENT OF BIRTH;
 A. 4879                            11
 
   (H) HEALTHY NUTRITION, INCLUDING BREASTFEEDING OR BREAST MILK THAT HAS
 BEEN PUMPED, STORED AND WARMED, IF SUCH BIRTHING PARENT SO CHOOSES;
   (I) ADEQUATE QUANTITIES OF AGE-APPROPRIATE DIAPERS, BABY CLOTHES, BABY
 BLANKETS, BURP CLOTHS, BIBS, BABY BATHING EQUIPMENT, AND DEVELOPMENTALLY
 APPROPRIATE TOYS;
   (J) A SAFE PLACE SEPARATED FROM THE GENERAL INCARCERATED POPULATION;
   (K)  REASONABLE VISITING HOURS FROM FAMILY AND FRIENDS, SUBJECT TO THE
 CONSENT OF THE BIRTHING PARENT; AND
   (L) TIME OUTDOORS WITH THEIR BIRTHING PARENT FOR AT LEAST ONE HOUR PER
 DAY.
   7. Upon admitting a [woman] PERSON  known  to  be  pregnant,  or  upon
 learning of pregnancy status, the chief medical officer of each INSTITU-
 TION  OR  LOCAL correctional facility housing [female incarcerated indi-
 viduals] BIRTHING PARENTS, including the medical professional  responsi-
 ble  for  each  local correctional facility housing [female incarcerated
 individuals] BIRTHING PARENTS, or such officer or professional's  desig-
 nee,  shall  immediately  inform  such  [woman]  BIRTHING PARENT of [the
 option of participating in] THEIR RIGHT TO COMPREHENSIVE pregnancy coun-
 seling services and the right to abortion services.
   8. ENFORCEMENT. (A) THE DEPARTMENT OR THE COMMISSION SHALL  PROMULGATE
 RULES  AND  REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVI-
 SION.
   (B) IF A BIRTHING PARENT CLAIMS THAT EITHER THEY OR THE CHILD IN THEIR
 CARE  HAVE SUFFERED AS A RESULT OF CONDUCT PROHIBITED UNDER THIS SECTION
 OR HAVE BEEN DENIED THE RIGHTS PROVIDED IN THIS SECTION, THE  PROVISIONS
 OF THIS SECTION SHALL BE ENFORCEABLE BY A PROCEEDING BROUGHT PURSUANT TO
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  3.  Subdivision  33 of section 2 of the correction law, as added by
 chapter 93 of the laws of 2021, is amended to read as follows:
   33. "Special populations" means any person: (a)  twenty-one  years  of
 age  or  younger; (b) fifty-five years of age or older; (c) with a disa-
 bility as defined in paragraph (a) of subdivision twenty-one of  section
 two  hundred ninety-two of the executive law; or (d) who is pregnant, in
 the first [eight weeks] TWELVE WEEKS  of  the  [post-partum]  POSTPARTUM
 recovery  period  after giving birth, or caring for a child in a correc-
 tional institution pursuant to [subdivisions two or  three  of]  section
 six hundred eleven of this chapter.
   §  4.  Severability. If any word, phrase, clause, sentence, paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof  directly  involved  in the controversy in which such judgment shall
 have been rendered.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.