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This entry was published on 2016-03-25
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SECTION 611
Births to inmates of correctional institutions and care of children of inmates of correctional institutions
Correction (COR) CHAPTER 43, ARTICLE 22
§ 611. Births to inmates of correctional institutions and care of
children of inmates of correctional institutions. 1. (a) If a woman
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 to be removed
from such institution or facility and provided with comfortable
accommodations, maintenance and medical care elsewhere, under such
supervision and safeguards to prevent her escape from custody as the
superintendent or sheriff or his or her designee may determine. No
restraints of any kind shall be used during transport of such woman, a
woman who is known to be pregnant by correctional personnel or personnel
providing medical services to the institution or local correctional
facility, or a woman within eight weeks after delivery or pregnancy
outcome, absent extraordinary circumstances in which:

i. the superintendent or sheriff or his or her designee in
consultation 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. the correctional personnel directly responsible for the transport
of such a woman determine that an emergency has arisen in which
restraints are necessary because the woman poses an immediate risk of
serious injury to herself 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 designee pursuant
to subparagraph i of paragraph (a) of this subdivision or correctional
personnel pursuant to subparagraph ii of paragraph (a) 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 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 giving birth. The superintendent or sheriff or his or her
designee shall cause such woman to be subject to return to such
institution or local correctional facility as soon after the birth of
her child as the state of her health will permit as determined by the
medical professional responsible for the care of such woman. If such
woman is confined in a local correctional facility, the expense of such
accommodation, 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
inmate was committed to such local correctional facility. 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, maintenance and medical
care is assumed by the county, city or town from which such inmate was
committed the payor shall make payment by issuing payment instrument in
favor of the agency or individual that provided such accommodations and
services, after certification has been made by the head of the
institution to which the inmate was legally confined, that the charges
for such accommodations, maintenance and medical care were necessary and
are just, and that the institution has no available funds for such
purpose.

(d) Any woman confined in an institution 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 an institution 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. 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 incarcerated women.

(e) 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
every use of restraints on a woman 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 information. The
sheriff of each county shall report, in a form and manner prescribed by
the commission, every use of restraints on a woman 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, annually 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. A child so born may be returned with its mother to the correctional
institution in which the mother is confined unless the chief medical
officer of the correctional institution 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. 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 shall make provision for a child removed from the
institution without its mother or a child born to a woman inmate who is
not returned to the institution with its mother as hereinafter provided.
He may, upon proof being furnished by the father or other relatives of
their ability to properly care for and maintain such child, give the
child into the care and custody of such father or other relatives, who
shall thereafter maintain the same at their own expense. If it shall
appear that such father 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 inmate 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 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
becoming 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.