Bill Text: NY A08137 | 2021-2022 | General Assembly | Amended

---

Bill Title: Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-20 - print number 8137a [A08137 Detail]

Download: New_York-2021-A08137-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8137--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Correction -- recommitted to the Committee on  Correction
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN ACT to amend the correction law and the executive law, in relation to
          prohibiting  the  use of restraints on incarcerated individuals during
          labor, absent extraordinary circumstances,  and  on  pregnant  persons
          during a custodial interrogation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of  subdivision  1  of  section  611  of  the
     2  correction law, as amended by chapter 17 of the laws of 2016, is amended
     3  to read as follows:
     4    (a)  If  a  woman  confined  in  any institution or local correctional
     5  facility be pregnant and about to give birth to a child, the superinten-
     6  dent or sheriff in charge of such institution or facility, a  reasonable
     7  time  before the anticipated birth of such child, shall cause such woman
     8  to be removed from  such  institution  or  facility  and  provided  with
     9  comfortable  accommodations,  maintenance  and  medical  care elsewhere,
    10  under such supervision and safeguards to prevent her escape from custody
    11  as the superintendent or sheriff or his or her designee  may  determine.
    12  No  restraints of any kind shall be used during transport of such woman,
    13  a woman who is known to be pregnant by correctional personnel or person-
    14  nel providing medical services to the institution or local  correctional
    15  facility,  or  a  woman  within  eight weeks after delivery or pregnancy
    16  outcome, absent extraordinary circumstances in which[:
    17    i. the superintendent or sheriff or his or her designee  in  consulta-
    18  tion  with  the medical professional responsible for the institution has
    19  made an individualized determination that restraints  are  necessary  to
    20  prevent  such  woman  from  injuring  herself or medical or correctional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11617-02-2
        A. 8137--A                          2

     1  personnel or others and cannot reasonably be restrained by other  means,
     2  including the use of additional personnel; or
     3    ii.] the correctional personnel directly responsible for the transport
     4  of  such  a  woman  determine  that  an  emergency  has  arisen in which
     5  restraints are necessary because the woman poses an  immediate  risk  of
     6  serious injury to herself or medical or correctional personnel or others
     7  and cannot reasonably be restrained by other means.
     8    §  2.  The  executive  law is amended by adding a new section 837-w to
     9  read as follows:
    10    § 837-w.  Use of restraints on pregnant and post-pregnant  persons  by
    11  law  enforcement.  Where a person who is pregnant, in labor or delivery,
    12  or twelve weeks post-pregnancy is in the  custody  of  law  enforcement,
    13  subject  to  custodial  interrogation,  or  has  their freedom of action
    14  restricted by law  enforcement  in  any  significant  way,  the  use  of
    15  restraints of any kind by law enforcement personnel shall be prohibited.
    16  The  provisions  of  this  section  shall  at  minimum  apply  to police
    17  stations, correctional facilities,  holding  facilities  for  prisoners,
    18  prosecutors'  offices,  medical  areas  and  hospitals, and any facility
    19  where persons are held in detention in connection with criminal or juve-
    20  nile delinquency charges that have been or may be filed against them, as
    21  well as during transfer to and from such locations. A  person's  disclo-
    22  sure of their status shall serve as sufficient notice to law enforcement
    23  under  this  provision.  A  person  claiming  to have been restrained in
    24  violation of this section shall have  a  private  right  of  action  for
    25  appropriate relief including damages, declaratory and injunctive relief,
    26  reasonable  attorney's  fees and costs, and other equitable relief which
    27  the court deems proper.
    28    § 3. This act shall take effect immediately.