Bill Text: NY S09816 | 2023-2024 | General Assembly | Introduced

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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) 2024-05-31 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S09816 Detail]

Download: New_York-2023-S09816-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9816

                    IN SENATE

                                      May 31, 2024
                                       ___________

        Introduced  by  Sen. SALAZAR -- 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 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. Subdivision 1 of section 611  of  the  correction  law,  as
     2  amended  by  chapter 17 of the laws of 2016, paragraph (c) as separately
     3  amended by chapters 322 and 621 of the laws of 2021, is amended to  read
     4  as follows:
     5    1.  (a)  If  a  [woman]  person  confined  in any institution or local
     6  correctional facility [be] is pregnant and about  to  give  birth  to  a
     7  child,  the  superintendent  or sheriff in charge of such institution or
     8  facility, a reasonable time before the anticipated birth of such  child,
     9  shall  cause  such [woman] person to be removed from such institution or
    10  facility and provided with comfortable accommodations,  maintenance  and
    11  medical care elsewhere, under such supervision and safeguards to prevent
    12  [her] their escape from custody as the superintendent or sheriff or [his
    13  or  her]  their designee may determine.  No restraints of any kind shall
    14  be used during transport of such [woman] person, a [woman] person who is
    15  known to be pregnant by correctional personnel  or  personnel  providing
    16  medical services to the institution or local correctional facility, or a
    17  [woman]  person  within eight weeks after delivery or pregnancy outcome,
    18  absent extraordinary circumstances in which[:
    19    i. the superintendent or sheriff or his or her designee  in  consulta-
    20  tion  with  the medical professional responsible for the institution has
    21  made an individualized determination that restraints  are  necessary  to
    22  prevent  such  woman  from  injuring  herself or medical or correctional
    23  personnel or others and cannot reasonably be restrained by other  means,
    24  including the use of additional personnel; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05721-03-4
        S. 9816                             2

     1    ii.], during transport the correctional personnel directly responsible
     2  for  the  transport of such a [woman] person determine that an emergency
     3  has arisen in which restraints are necessary because the [woman]  person
     4  poses  an  immediate  risk  of  serious  injury to [herself] themself or
     5  medical  or  correctional  personnel  or others and cannot reasonably be
     6  restrained by other means.
     7    (b) If a determination has been made pursuant to [subparagraph i or ii
     8  of] paragraph (a) of this subdivision that  extraordinary  circumstances
     9  exist  then  restraints shall be limited to wrist restraints in front of
    10  the body. The superintendent or sheriff or [his or her]  their  designee
    11  [pursuant  to  subparagraph  i  of paragraph (a) of this subdivision] or
    12  correctional personnel pursuant to [subparagraph ii of] paragraph (a) of
    13  this subdivision shall document in writing  the  facts  upon  which  the
    14  finding  of  extraordinary  circumstances were based within five days of
    15  the use  of  such  restraints  and  shall  also  document  the  type  of
    16  restraints used and the length of time such restraints were used.
    17    (c)  No  restraints of any kind shall be used when such [woman] person
    18  is in labor, admitted to a hospital[, institution] or  [clinic]  medical
    19  facility  for  delivery,  or  recovering  after  giving  birth. Any such
    20  personnel as may be necessary to supervise  the  [woman]  person  during
    21  transport  to  and  from  and  during  [her] their stay at the hospital,
    22  institution or clinic shall be provided to ensure adequate  care[,]  and
    23  custody [and control] of the [woman, except that no] person.
    24    (i)  No  correctional  staff  shall  be present [in the delivery room]
    25  during the birth of a baby or during counseling and medical care related
    26  to the pregnancy and all pregnancy outcomes including abortion,  miscar-
    27  riage,  and  stillbirth unless requested by the medical staff [supervis-
    28  ing] providing such [delivery] care  or  by  the  [woman  giving  birth]
    29  person receiving such care.
    30    (ii)  The  [woman]  person  shall  be  permitted  to have at least one
    31  support person of [her] their choosing accompany [her  in  the  delivery
    32  room  and when such woman is in labor and recovering after giving birth]
    33  them to a hospital or medical facility for labor, birth, and  counseling
    34  and medical care related to pregnancy and all pregnancy outcomes includ-
    35  ing  abortion,  miscarriage  and  stillbirth  and  shall be permitted to
    36  remain with such support person for the duration of their  stay  in  the
    37  hospital  or  medical  facility  subject to the visitation rules of that
    38  hospital or medical facility. A support person shall not  need  to  have
    39  visited  the  [woman] person at a correctional facility prior to serving
    40  as a support person[. A person] and may not  be  denied  eligibility  to
    41  serve  as  a  support  person  solely  on  the  basis of a past criminal
    42  conviction or that such support  person  is  on  probation,  conditional
    43  release, parole or post release supervision. Any decision by an [agency]
    44  institution  or  local correctional facility to deny a [woman's] request
    45  [to have] for a specific support person  [serve  as  a  support  person]
    46  shall  be  made  with  reasons  specified in writing within five days of
    47  [her] the request and promptly provided to the [woman]    person  making
    48  the  request.  A support person shall be notified immediately after such
    49  [woman] person goes into labor, [or immediately after  a  caesarean]  is
    50  scheduled for labor induction or a cesarean section [or termination], is
    51  identified  as  having  a miscarriage or stillbirth, or is scheduled for
    52  medical care for any pregnancy outcome, including abortion, miscarriage,
    53  and stillbirth. If available,  a  doula[,  midwife]  or  other  birthing
    54  support  specialist  may  also  assist  during labor [and], delivery [in
    55  addition to at least one support person of  the  woman's  choosing.  Any
    56  woman  confined  in a state or local correctional facility shall receive
        S. 9816                             3

     1  notice in writing in a language and manner understandable to  her  about
     2  the  requirements  of  this  section upon her admission to such state or
     3  local correctional facility and again when she is known to be  pregnant.
     4  The  superintendent  or sheriff shall publish notice of the requirements
     5  of this section in prominent locations where medical care is  provided],
     6  post-partum  recovery, and during medical care for and recovery from any
     7  other pregnancy outcome including abortion, miscarriage, and stillbirth.
     8  The superintendent or sheriff or [his or her] their designee shall cause
     9  such [woman] person to be subject to return to such institution or local
    10  correctional facility as soon after the birth of [her]  their  child  as
    11  the state of [her] their health will permit as determined by the medical
    12  professional  responsible  for the care of such [woman] person. [If such
    13  woman is confined in a local correctional facility, the expense of  such
    14  accommodation,  maintenance and medical care shall be paid by such woman
    15  or her relatives or from any available funds of the  local  correctional
    16  facility  and if not available from such sources, shall be a charge upon
    17  the county, city or town in which is located the court from  which  such
    18  incarcerated individual was committed to such local correctional facili-
    19  ty.  If  such  woman is confined in any institution under the control of
    20  the department, the  expense  of  such  accommodation,  maintenance  and
    21  medical  care  shall  be  paid by such woman or her relatives and if not
    22  available from such sources, such maintenance and medical care shall  be
    23  paid  by the state. In cases where payment of such accommodations, main-
    24  tenance and medical care is assumed by the county,  city  or  town  from
    25  which  such  incarcerated  individual was committed the payor shall make
    26  payment by issuing payment instrument in favor of the agency or individ-
    27  ual that provided such accommodations and services, after  certification
    28  has  been  made by the head of the institution to which the incarcerated
    29  individual was legally confined, that  the  charges  for  such  accommo-
    30  dations,  maintenance  and medical care were necessary and are just, and
    31  that the institution has no available funds for such purpose.]
    32    (d) Any [woman] person confined in an institution or local correction-
    33  al facility shall receive notice in writing in  a  language  and  manner
    34  understandable to [her] them about the requirements of this section upon
    35  [her]  their  admission to an institution or local correctional facility
    36  and again when [she is] they are known to be pregnant.  The  superinten-
    37  dent or sheriff shall publish notice of the requirements of this section
    38  in  prominent  locations  where medical care is provided. The department
    39  and the sheriff shall provide annual  training  on  provisions  of  this
    40  section  to all correctional personnel who are involved in the transpor-
    41  tation, supervision or medical care of incarcerated [women] persons.
    42    (e) Force against a pregnant person shall not be  used,  except  as  a
    43  last  resort,  and  then  only  in  situations in which the staff member
    44  reasonably believes that force is necessary to protect  themselves,  the
    45  incarcerated  individual,  or  a use of physical force by the individual
    46  that could cause death or serious  physical  injury.  The  use  of  spit
    47  masks, chemical agents, tasers, weapons, chokeholds or blows to the body
    48  against  a pregnant person or any person within eight weeks after deliv-
    49  ery or pregnancy outcome shall be strictly prohibited.
    50    (f) The department shall report annually to the governor,  the  tempo-
    51  rary  president  of  the  senate, the minority leader of the senate, the
    52  speaker of the assembly, the minority leader of the assembly, the chair-
    53  person of the senate crime victims, crime and correction  committee  and
    54  the  chairperson  of  the assembly correction committee concerning every
    55  use of restraints and force on a  [woman]  person  under  this  section,
    56  including the reason such restraint was used, the type of restraint used
        S. 9816                             4

     1  and the length of time such restraint was used pursuant to paragraph (b)
     2  of  this  subdivision, but shall exclude individual identifying informa-
     3  tion. The sheriff of each county shall report,  in  a  form  and  manner
     4  prescribed  by  the  commission,  every  use  of restraints on a [woman]
     5  person under this section, including the reason such restraint was used,
     6  reason such force was used, the type of restraint used and the length of
     7  time such restraint was used pursuant to paragraph (b) of this  subdivi-
     8  sion,  the type of force used and the length of time such force was used
     9  pursuant to paragraph (e) of this subdivision, annually to  the  commis-
    10  sion. The commission shall include such information in its annual report
    11  pursuant  to section forty-five of this chapter, but shall exclude iden-
    12  tifying information from such report. Reports required by  this  section
    13  shall  be  posted  on  the websites maintained by the department and the
    14  commission.
    15    § 2. The executive law is amended by adding a  new  section  837-y  to
    16  read as follows:
    17    §  837-y.   Use of restraints on pregnant and post-pregnant persons by
    18  law enforcement.  Where a person who is known to be pregnant,  in  labor
    19  or  delivery,  or  twelve  weeks post-pregnancy is in the custody of law
    20  enforcement, subject to custodial interrogation, or has their freedom of
    21  action restricted by law enforcement in any significant way, the use  of
    22  restraints of any kind by law enforcement personnel shall be prohibited.
    23  The  provisions  of  this  section  shall  at  minimum  apply  to police
    24  stations,  holding  facilities  for  prisoners,  prosecutors'   offices,
    25  medical  areas and hospitals, and any facility where persons are held in
    26  detention in connection with criminal or  juvenile  delinquency  charges
    27  that  have been or may be filed against them, as well as during transfer
    28  to and from such locations. A person's disclosure of their status  shall
    29  serve as sufficient notice to law enforcement under this provision.
    30    § 3. This act shall take effect immediately.