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A07120 Summary:

BILL NO    A07120 

SAME AS    SAME AS S02274

SPONSOR    Perry

COSPNSR    

MLTSPNSR   

Amd S611, Cor L

Relates to the restraint of pregnant female prisoners during childbirth.
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A07120 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7120

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      May 1, 2013
                                      ___________

       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Correction

       AN ACT to amend the correction law, in  relation  to  the  restraint  of
         pregnant female prisoners during childbirth

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 of section 611  of  the  correction  law,  as
    2  amended  by  chapter  411  of  the  laws  of 2009, is amended to read as
    3  follows:
    4    1. If a woman confined in any institution as defined in paragraph  [c]
    5  (C)  of  subdivision  four  of  section two of [the correction law] THIS
    6  CHAPTER or local correctional facility as defined in  paragraph  (a)  of
    7  subdivision sixteen of section two of [the correction law] THIS CHAPTER,
    8  be  pregnant  and  about to give birth to a child, the superintendent as
    9  defined in subdivision twelve of section two  of  [the  correction  law]
   10  THIS  CHAPTER  or sheriff as defined in paragraph [c] (C) of subdivision
   11  sixteen of section two of [the correction law] THIS CHAPTER in charge of
   12  such institution or facility, a reasonable time before  the  anticipated
   13  birth  of  such  child,  shall  cause such woman to be removed from such
   14  institution or facility and provided  with  comfortable  accommodations,
   15  maintenance and medical care elsewhere, under such supervision and safe-
   16  guards to prevent her escape from custody as the superintendent or sher-
   17  iff  or  his  or  her  designee may determine. No restraints of any kind
   18  shall be used during transport to or from the hospital,  institution  or
   19  clinic  where  such woman receives care[; provided, however, in extraor-
   20  dinary circumstances, where restraints are  necessary  to  prevent  such
   21  woman  from  injuring herself or medical or correctional personnel, such
   22  woman may be cuffed by one wrist. In cases where  restraints  are  used,
   23  the  superintendent  or sheriff shall make and maintain written findings
   24  as to the reasons for such use]. No restraints of any kind shall be used
   25  when such woman is in labor, admitted  to  a  hospital,  institution  or

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03981-01-3
       A. 7120                             2

    1  clinic  for delivery, or recovering after giving birth. Any such person-
    2  nel as may be necessary to supervise the woman during transport  to  and
    3  from and during her stay at the hospital, institution or clinic shall be
    4  provided  to ensure adequate care, custody and control of the woman. The
    5  superintendent or sheriff or his or her designee shall cause such  woman
    6  to be subject to return to such institution or local correctional facil-
    7  ity as soon after the birth of her child as the state of her health will
    8  permit  as  determined  by  the medical professional responsible for the
    9  care of such woman.  If such woman is confined in a  local  correctional
   10  facility,  the  expense  of  such accommodation, maintenance and medical
   11  care shall be paid by such woman or her relatives or from any  available
   12  funds  of the local correctional facility and if not available from such
   13  sources, shall be a charge upon the county, city or  town  in  which  is
   14  located  the  court  from  which such inmate was committed to such local
   15  correctional facility.  If such woman is  confined  in  any  institution
   16  under  the control of the department, the expense of such accommodation,
   17  maintenance and medical care shall be paid by such woman  or  her  rela-
   18  tives  and  if  not  available  from  such sources, such maintenance and
   19  medical care shall be paid by the state. In cases where payment of  such
   20  accommodations,  maintenance  and medical care is assumed by the county,
   21  city or town from which such inmate was committed the payor  shall  make
   22  payment by issuing payment instrument in favor of the agency or individ-
   23  ual  that provided such accommodations and services, after certification
   24  has been made by the head of the institution to  which  the  inmate  was
   25  legally  confined, that the charges for such accommodations, maintenance
   26  and medical care were necessary and are just, and that  the  institution
   27  has no available funds for such purpose.
   28    S 2. This act shall take effect immediately.
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