Bill Text: NY S07131 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07131 Detail]

Download: New_York-2023-S07131-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7131--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the correction law, in relation to requiring conditional
          release  of  pregnant  and  postpartum individuals and prohibiting the
          incarceration of pregnant and postpartum individuals

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

     1    Section  1. Section 611 of the correction law is amended by adding two
     2  new subdivisions 5 and 6 to read as follows:
     3    5. Notwithstanding any other provision of this section to the  contra-
     4  ry:
     5    (a) In the furtherance of public interest and the welfare of children,
     6  the commissioner shall release:
     7    i.  for up to one year postpartum, an individual who gave birth within
     8  nine months of the date of commitment; and
     9    ii. for the duration of the pregnancy and up to one  year  postpartum,
    10  an incarcerated individual who is pregnant.
    11    (b) The commissioner shall conditionally release an incarcerated indi-
    12  vidual  under  paragraph  (a)  of  this  subdivision  to community-based
    13  programming for the purpose of participation in  prenatal  or  postnatal
    14  care  programming  and to promote birthing parent-child bonding in addi-
    15  tion to other programming requirements as established by the commission-
    16  er, including: evidence-based parenting skills programming;  working  at
    17  paid  employment;  seeking  employment;  or  participating in vocational
    18  training, an educational program, domestic violence  recovery  services,
    19  or chemical dependency or mental health treatment services.
    20    (c) The department shall develop policy and criteria to implement this
    21  subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11255-03-3
        S. 7131--A                          2

     1    (d)  By April first of each year, the commissioner shall report to the
     2  chairs and ranking minority members of the committees of the senate  and
     3  assembly  with  jurisdiction over corrections and with jurisdiction over
     4  issues concerning women and children regarding the number of individuals
     5  released  and  the  duration of the release pursuant to this subdivision
     6  for the prior calendar year.
     7    6. Notwithstanding any other provision of this section to the  contra-
     8  ry:
     9    (a) In the furtherance of public interest and the welfare of children,
    10  the commissioner shall prohibit the incarceration of:
    11    i.  for up to one year postpartum, an individual who gave birth within
    12  nine months of the date of commitment; and
    13    ii. for the duration of the pregnancy and up to one  year  postpartum,
    14  an individual who is pregnant who would be subject to incarceration were
    15  they not pregnant or postpartum.
    16    (b) The commissioner shall commit an individual under paragraph (a) of
    17  this  subdivision  to  community-based  programming  for  the purpose of
    18  participation in prenatal or postnatal care programming and  to  promote
    19  birthing  parent-child bonding in addition to other programming require-
    20  ments as established by the  commissioner,  including:    evidence-based
    21  parenting  skills  programming;  working  at  paid  employment;  seeking
    22  employment; or participating  in  vocational  training,  an  educational
    23  program,  domestic violence recovery services, or chemical dependency or
    24  mental health treatment services.
    25    (c) The department shall develop policy and criteria to implement this
    26  subdivision.
    27    (d) By April first of each year, the commissioner shall report to  the
    28  chairs  and ranking minority members of the committees of the senate and
    29  assembly with jurisdiction over corrections and with  jurisdiction  over
    30  issues concerning women and children the number of individuals committed
    31  to  community-based  programming under this subdivision and the duration
    32  of the community-based programming under this subdivision for the  prior
    33  calendar year.
    34    § 2. This act shall take effect immediately.