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.