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.
TITLE OF BILL: An act to amend the correction law, in relation to pregnant inmates
PURPOSE: To reduce the instances in which a pregnant inmate is placed in segregated confinement or other restrictive confinement.
SUMMARY OF PROVISIONS:
Section 1 adds paragraph (g) to the list of exceptions to segregated confinement
Section 2 adds paragraph (g) to section 137 of the correction law, creating a presumption against placement of a pregnant inmate 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.
Section 3 states that this act will take effect immediately
JUSTIFICATION: Under the terms of an interim settlement agreement in a federal civil rights law suit, Peoples v. Fischer, 11-CIV-2694 (SAS), the New York Department of Corrections and Community Supervision has agreed to have a presumption against placing a pregnant inmate in segregated confinement unless there are extraordinary circumstances. This bill seeks to codify that agreement.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7461 IN SENATE 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: Section 1. The opening paragraph of subdivision 6 of section 137 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows: Except as provided in paragraphs (d)
[and], (e) AND (G) of this subdi- vision, the superintendent of a correctional facility may keep any inmate confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility, for such period as may be necessary for maintenance of order or disci- pline, but in any such case the following conditions shall be observed: S 2. Subdivision 6 of section 137 of the correction law is amended by adding a new paragraph (g) to read as follows: (G) FOR AN INMATE KNOWN BY THE DEPARTMENT TO BE 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. 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