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;
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(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.