Bill Text: NY A08333 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A08333 Detail]

Download: New_York-2021-A08333-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8333

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by M. of A. MEEKS -- read once and referred to the Committee
          on 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:

     1    Section 1.  The correction law is amended by adding a new section 72-d
     2  to read as follows:
     3    §  72-d.  Pregnant  and  postpartum  incarcerated  individuals. 1. The
     4  commissioner may authorize  the  transfer  to  a  residential  treatment
     5  facility established under section seventy-three of this article:
     6    (a)  for  up to one year of postpartum, an incarcerated individual who
     7  gave birth within eight months of the date of commitment  to  a  correc-
     8  tional facility; and
     9    (b)  for  the duration of the pregnancy and up to one year postpartum,
    10  an incarcerated individual who is pregnant.
    11    2. The commissioner may conditionally transfer an  incarcerated  indi-
    12  vidual  under subdivision one of this section to a residential treatment
    13  facility for the purpose of participation in prenatal or postnatal  care
    14  programming  and  to  promote  mother-child bonding in addition to other
    15  programming as established by the commissioner, including but not limit-
    16  ed to evidence-based  parenting  skills  programming;  working  at  paid
    17  employment; seeking employment; or participating in vocational training,
    18  an  education program, or chemical dependency or mental health treatment
    19  services.
    20    3. The commissioner shall develop policy and criteria  and  promulgate
    21  any rules and/or regulations necessary to implement this section accord-
    22  ing to public safety and generally accepted correctional practice.
    23    4.  On  or before the first of April each year, the commissioner shall
    24  report to the temporary president of the senate and the speaker  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13034-01-1
        A. 8333                             2

     1  assembly  on the number of incarcerated individuals transferred to resi-
     2  dential treatment facilities pursuant to this section and  the  duration
     3  of such transfers for the prior calendar year.
     4    §  2. Subdivision 1 of section 73 of the correction law, as amended by
     5  chapter 322 of the laws of 2021, is amended to read as follows:
     6    1. The commissioner may transfer  any  incarcerated  individual  of  a
     7  correctional  facility  who is eligible for community supervision or who
     8  will become eligible for community supervision within six  months  after
     9  the  date  of  transfer  [or],  who has one year or less remaining to be
    10  served under his or her sentence, or who is  a  pregnant  or  postpartum
    11  incarcerated  individual  authorized under section seventy-two-d of this
    12  article to a residential treatment  facility  and  such  person  may  be
    13  allowed to go outside the facility during reasonable and necessary hours
    14  to  engage  in  any  activity reasonably related to his or her rehabili-
    15  tation and in accordance with the program established for  him  or  her.
    16  While outside the facility he or she shall be at all times in the custo-
    17  dy of the department and under its supervision.
    18    § 3. This act shall take effect immediately.