S1290A - NY Senate Open Legislation - Provides for the custody of pregnant female inmates before, during and after delivery

Co-sponsor(s): ADAMS, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON, SAVINO, SCHNEIDERMAN, STAVISKY
Committee: CRIME VICTIMS, CRIME AND CORRECTION
Law Section: Correction Law

S1290A Summary

Provides for the care and custody of pregnant female inmates before, during and after delivery; prohibits the use of restraints of any kind from being used during the transport of such female prisoner to a hospital for the purpose of giving birth, unless such prisoner is a substantial flight risk whereupon handcuffs may be used; prohibits the use of any restraints during labor; requires the presence of corrections personnel during such prisoner's transport to and from the hospital and during her stay at such hospital.

S1290A Actions

S1290A - APPROVAL MEMO.16 - Aug 26, 2009
S1290A - SIGNED CHAP.411 - Aug 26, 2009
S1290A - DELIVERED TO GOVERNOR - Aug 18, 2009
S1290A - DELIVERED TO ASSEMBLY - May 20, 2009
S1290A - PASSED SENATE - May 20, 2009
S1290A - ordered to third reading cal.263 - May 20, 2009
S1290A - passed assembly - May 20, 2009
S1290A - referred to correction - May 20, 2009
S1290A - returned to senate - May 20, 2009
S1290A - AMENDED ON THIRD READING 1290A - May 5, 2009
S1290A - ADVANCED TO THIRD READING - Mar 11, 2009
S1290A - 2ND REPORT CAL. - Mar 10, 2009
S1290A - 1ST REPORT CAL.94 - Mar 9, 2009
S1290A - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION - Jan 28, 2009

S1290A Votes

Vote: Floor - May 20, 2009

Ayes (61): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DIAZ, DILAN, DUANE, ESPADA, FARLEY, FLANAGAN, FOLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, JOHNSON O, KLEIN, KRUEGER, KRUGER, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MONSERRATE, MONTGOMERY, MORAHAN, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, RANZENHOFER, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SEWARD, SKELOS, SMITH, SQUADRON, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, YOUNG
Excused (1): WINNER

S1290A Memo

BILL NUMBER: S1290A REVISED 05/20/09

TITLE OF BILL : An act to amend the correction law, in relation to pregnant female prisoners

GENERAL IDEA OF BILL : To prohibit the use of mechanical restraints including handcuffs and shackles, on any pregnant female prisoner who is about to give birth during transport from a correctional facility to a medical facility or other accommodation for the purpose of delivering her child. Permits the use of handcuffs under extraordinary circumstances where restraints are determined to be necessary to prevent such woman from injuring herself, medical, or corrections personnel.

SUMMARY OF SPECIFIC PROVISIONS : This bill amends section 1, Subdivision 1 of

Section 611 of the Corrections Law as amended by chapter 758 of the laws of 1968 to prohibit the use of restraints on female prisoners during transport to medical facility when about to give birth except under extraordinary circumstances.

JUSTIFICATION : All pregnant women who are within the state's custody deserve the opportunity to deliver their babies safely, no matter the mother's legal status. Childbirth is a precious and also precarious moment in a woman's life, and in the life of the newborn. This bill, if enacted, will make childbirth safer for the few women who have their baby while they are incarcerated. Physical restraints, according to obstetricians, put the health of a childbearing mother and her infant at risk. The practice is dangerous even before the delivery commences, as pregnant women who are deep into the third trimester often have problems maintaining their balance. Shackling the ankles of these women heightens the risk that they will fall forward, potentially injuring them and their fetuses. During labor, physical restraints interfere with the ability of physicians to assess and evaluate the physical condition of the mother and the fetus. Further, women undergoing childbirth need to be able to shift positions, an impossibility if shackled at the ankle and wrist. That inability to adjust positions also creates cramps and intense pain. Finally, if there is a need for a C-

Section, the mother would have to be moved to an operating room immediately, which is difficult to accomplish when the woman is bound by mechanical restraints. A delay of even a few minutes could result in permanent brain damage for the baby. These dangers are almost always avoidable, because it is seldom necessary to shackle a woman in labor. Women who are giving birth experience excruciating labor pains and are often highly medicated, therefore eliminating any serious security risk. Even if a woman in active labor did attempt to escape, it is unlikely that she could get very far. As the bill provides, a woman who is likely to hurt herself or others, or is likely to attempt an escape, may be restrained at the wrist. In all other situations, a correction officer's supervision is sufficient to preserve security. Indeed, New York City's Department of Corrections has not reported any escapes or security breaches as a result of a 1990 policy change which required, as this bill does, that restraints be employed only after a case-by-case determination. Nor have there been any breaches of security in Illinois, California or Vermont, which all adopted a similar measure during the past decade. In May 2009 the Bureau of Prisons barred the shackling of pregnant federal prisoners except in extreme situations. The federal policy change represents a significant victory for thousands of women across the nation in federal prison. Now is the time to extend that same protection to the nearly three thousand New York women who are in jail or in prison.

PRIOR LEGISLATIVE HISTORY :

2007-2008: A.4105

2005-2006: A.3804

2003-2004: A.5134

2001-2002: A.3292

2000: A.10807 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : No fiscal implication to the state.

EFFECTIVE DATE : This act shall take effect immediately.

S1290A Text

S T A T E O F N E W Y O R K
1290--A
Cal. No. 94 2009-2010 Regular Sessions I N SENATE January 28, 2009
Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON, SAVINO, SCHNEIDERMAN, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the correction law, in relation to pregnant female pris oners

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision 1 of section 611 of the correction law, as amended by chapter 758 of the laws of 1968, is amended to read as follows:
1. If a woman confined in any institution [under the control of the state department of correction, or in any penitentiary or jail] AS DEFINED IN PARAGRAPH C OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW OR LOCAL CORRECTIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW, be pregnant and about to give birth to a child, the [officer] SUPERINTEN DENT AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE CORRECTION LAW OR SHERIFF AS DEFINED IN PARAGRAPH C OF SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW in charge of such institution OR FACILITY, a reasonable time before the anticipated birth of such child, shall cause such woman to be removed from such institution OR FACILITY and provided with comfortable accommodations, maintenance and medical care elsewhere, under such supervision and safeguards to prevent her escape from custody as [he] THE SUPERINTENDENT OR SHERIFF OR HIS OR HER DESIGNEE may determine[, and]. NO RESTRAINTS OF ANY KIND SHALL BE USED DURING TRANSPORT TO OR FROM THE HOSPITAL, INSTITUTION OR CLINIC WHERE SUCH WOMAN RECEIVES CARE; PROVIDED, HOWEVER, IN EXTRAORDINARY CIRCUM STANCES, WHERE RESTRAINTS ARE NECESSARY TO PREVENT SUCH WOMAN FROM EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01482-03-9
S. 1290--A 2 INJURING HERSELF OR MEDICAL OR CORRECTIONAL PERSONNEL, SUCH WOMAN MAY BE CUFFED BY ONE WRIST. IN CASES WHERE RESTRAINTS ARE USED, THE SUPERINTEN DENT OR SHERIFF SHALL MAKE AND MAINTAIN WRITTEN FINDINGS AS TO THE REASONS FOR SUCH USE. NO RESTRAINTS OF ANY KIND SHALL BE USED WHEN SUCH WOMAN IS IN LABOR, ADMITTED TO A HOSPITAL, INSTITUTION OR CLINIC FOR DELIVERY, OR RECOVERING AFTER GIVING BIRTH. ANY SUCH PERSONNEL AS MAY BE NECESSARY TO SUPERVISE THE WOMAN DURING TRANSPORT TO AND FROM AND DURING HER STAY AT THE HOSPITAL, INSTITUTION OR CLINIC SHALL BE PROVIDED TO ENSURE ADEQUATE CARE, CUSTODY AND CONTROL OF THE WOMAN. THE SUPERINTEN DENT OR SHERIFF OR HIS OR HER DESIGNEE SHALL CAUSE SUCH WOMAN TO BE subject to [her] return to such institution OR LOCAL CORRECTIONAL FACIL ITY as soon after the birth of her child as the state of her health will permit AS DETERMINED BY THE MEDICAL PROFESSIONAL RESPONSIBLE FOR THE CARE OF SUCH WOMAN. If such woman is confined in a [penitentiary or jail] LOCAL CORRECTIONAL FACILITY, the expense of such accommodation, maintenance and medical care shall be paid by such woman or her rela tives or from any available funds of the [penitentiary or jail] LOCAL CORRECTIONAL FACILITY and if not available from such sources, shall be a charge upon the county, city or town in which is located the court from which such inmate was committed to such [penitentiary or jail] LOCAL CORRECTIONAL FACILITY. If such woman is confined in any institution under the control of the [state] department [of correction], the expense of such accommodation, maintenance and medical care shall be paid by such woman or her relatives and if not available from such sources, such maintenance and medical care shall be paid by the state. In cases where payment of such accommodations, maintenance and medical care is assumed by the county, city or town from which such inmate was committed the payor shall make payment by issuing payment instrument in favor of the agency or individual that provided such accommodations and services, after certification has been made by the head of the institution to which the inmate was legally confined, that the charges for such accom modations, maintenance and medical care were necessary and are just, and that the institution has no available funds for such purpose.

S 2. This act shall take effect immediately.

S1290A: Provides for the custody of pregnant female inmates before, during and after delivery