Bill Text: NY S07461 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that where the department of corrections knows that an inmate is pregnant, there shall be a presumption against placement in segregated confinement or other restricted confinement unless there are exceptional circumstances which would create an unacceptable risk to the safety and security of other inmates or staff.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-15 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07461 Detail]

Download: New_York-2013-S07461-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7461
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       AN ACT to amend the correction law, in relation to pregnant inmates
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 6 of  section  137  of
    2  the  correction  law,  as  amended  by chapter 1 of the laws of 2008, is
    3  amended to read as follows:
    4    Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
    5  vision, the superintendent of  a  correctional  facility  may  keep  any
    6  inmate  confined  in  a  cell  or  room,  apart  from the accommodations
    7  provided for inmates who are participating in programs of the  facility,
    8  for  such  period as may be necessary for maintenance of order or disci-
    9  pline, but in any such case the following conditions shall be observed:
   10    S 2. Subdivision 6 of section 137 of the correction law is amended  by
   11  adding a new paragraph (g) to read as follows:
   12    (G)  FOR AN INMATE KNOWN BY THE DEPARTMENT TO BE PREGNANT, THERE SHALL
   13  BE A PRESUMPTION AGAINST PLACEMENT IN SEGREGATED  CONFINEMENT  OR  OTHER
   14  RESTRICTED  CONFINEMENT UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES WHICH
   15  WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECURITY  OF  OTHER
   16  INMATES OR STAFF.
   17    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15235-01-4