S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6463
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction  law, in relation to authorizing the
   transfer of pregnant and postpartum incarcerated individuals to  resi-
   dential treatment facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The correction law is amended by adding a new section 72-d
 to read as follows:
   § 72-D. PREGNANT  AND  POSTPARTUM  INCARCERATED  INDIVIDUALS.  1.  THE
 COMMISSIONER  MAY  AUTHORIZE  THE  TRANSFER  TO  A RESIDENTIAL TREATMENT
 FACILITY ESTABLISHED UNDER SECTION SEVENTY-THREE OF THIS ARTICLE:
   (A) FOR UP TO ONE YEAR OF POSTPARTUM, AN INCARCERATED  INDIVIDUAL  WHO
 GAVE  BIRTH  WITHIN  EIGHT MONTHS OF THE DATE OF COMMITMENT TO A CORREC-
 TIONAL FACILITY; AND
   (B) FOR THE DURATION OF THE PREGNANCY AND UP TO ONE  YEAR  POSTPARTUM,
 AN INCARCERATED INDIVIDUAL WHO IS PREGNANT.
   2.  THE  COMMISSIONER MAY CONDITIONALLY TRANSFER AN INCARCERATED INDI-
 VIDUAL UNDER SUBDIVISION ONE OF THIS SECTION TO A RESIDENTIAL  TREATMENT
 FACILITY  FOR THE PURPOSE OF PARTICIPATION IN PRENATAL OR POSTNATAL CARE
 PROGRAMMING AND TO PROMOTE BONDING BETWEEN THE CHILD AND BIRTHING PARENT
 IN ADDITION TO OTHER PROGRAMMING AS  ESTABLISHED  BY  THE  COMMISSIONER,
 INCLUDING  BUT  NOT  LIMITED TO EVIDENCE-BASED PARENTING SKILLS PROGRAM-
 MING; WORKING AT PAID EMPLOYMENT; SEEKING EMPLOYMENT;  OR  PARTICIPATING
 IN  VOCATIONAL TRAINING, AN EDUCATION PROGRAM, OR CHEMICAL DEPENDENCY OR
 MENTAL HEALTH TREATMENT SERVICES.
   3. THE COMMISSIONER SHALL DEVELOP POLICY AND CRITERIA  AND  PROMULGATE
 ANY RULES AND/OR REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION ACCORD-
 ING TO PUBLIC SAFETY AND GENERALLY ACCEPTED CORRECTIONAL PRACTICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03858-01-5
 S. 6463                             2
              

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