STATE OF NEW YORK ________________________________________________________________________ 4879 2025-2026 Regular Sessions IN ASSEMBLY February 7, 2025 ___________ Introduced by M. of A. KELLES, GONZALEZ-ROJAS, SIMON, CLARK, LEVENBERG, COLTON, BURDICK, REYES, GALLAGHER, SHRESTHA, EPSTEIN, CRUZ, FORREST, MAMDANI, McMAHON, LUNSFORD, WALKER, CUNNINGHAM, SEAWRIGHT, TAYLOR, SHIMSKY, BICHOTTE HERMELYN, WEPRIN, GIBBS, HEVESI, SEPTIMO, TAPIA, RAGA, BORES, DAVILA, SIMONE, LUCAS, GLICK -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to promoting the health, safety, and human rights of incarcerated pregnant individuals, incar- cerated birthing parents of children and their children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative purpose and findings. People incarcerated in 2 institutions or local correctional facilities face unique health risks 3 during pregnancy, childbirth, postpartum, and early childcare. Lack of 4 appropriate prenatal, obstetric, and postpartum medical care, and appro- 5 priate health and safety measures, can result in serious harm to these 6 birthing parents and their children. Birthing parents and such persons' 7 young children need prenatal, obstetric, and pediatric care, as well as 8 developmentally-appropriate resources provided in a safe, healthy, and 9 nurturing environment. Unless comprehensive and compassionate laws, 10 policies, and practices are in place, the rights and care of birthing 11 parents and such persons' young children may be compromised by the 12 conditions of confinement in correctional institutions or facilities. 13 § 2. Section 611 of the correction law, as amended by chapter 242 of 14 the laws of 1930, the section heading as amended by chapter 322 of the 15 laws of 2021, subdivision 1 as amended by chapter 17 of the laws of 16 2016, paragraph (c) of subdivision 1 and subdivision 2 as separately 17 amended by chapters 322 and 621 of the laws of 2021, and subdivision 4 18 as amended by chapter 486 of the laws of 2022, is amended to read as 19 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05763-02-5
A. 4879 2 1 § 611. [Births to incarcerated individuals of correctional insti- 2 tutions and care of children of incarcerated individuals of correctional 3 institutions] Rights and care of birthing parents and such persons' 4 children. 1. For the purposes of this section, the following terms 5 shall have the following meanings: 6 (a) "Birthing parent" means any person who is incarcerated and preg- 7 nant, postpartum, or with custody of a child up to twenty-four months of 8 age. 9 (b) "Prenatal" means the period in which a person becomes pregnant and 10 up until birth or other pregnancy outcome occurs. 11 (c) "Perinatal" means the twelve-week period immediately before birth 12 and the twelve-week period immediately after birth. 13 (d) "Postpartum" means the twelve-week period after giving birth and 14 shall include stillbirth, miscarriage, and neonatal death, in accordance 15 with the American college of obstetricians and gynecologists. 16 (e) "Nursery" means a space where a birthing parent lives with their 17 child and receives services. A nursery shall include, at a minimum, a 18 window for natural light and the equipment and furnishings required by 19 section 7651.17 of title 9 of the codes, rules and regulations of the 20 state of New York. 21 (f) "Timely" means within the timeframe recommended by the treating 22 medical provider, unless otherwise specified in this section. 23 2. (a) If a [woman] person confined in any institution or local 24 correctional facility be pregnant and about to give birth to a child, 25 the superintendent or sheriff in charge of such institution or facility, 26 a reasonable time before the anticipated birth of such child, shall 27 cause such [woman] person to be removed from such institution or facili- 28 ty and provided with comfortable accommodations, maintenance and medical 29 care elsewhere, under such supervision and safeguards to prevent [her] 30 such birthing parent's escape from custody as the superintendent or 31 sheriff or [his or her] their designee may determine. No restraints of 32 any kind shall be used during transport of such [woman] birthing parent, 33 a [woman] person who is known to be pregnant by correctional personnel 34 or personnel providing medical services to the institution or local 35 correctional facility, or a [woman] birthing parent within eight weeks 36 after delivery or pregnancy outcome, absent extraordinary circumstances 37 in which: 38 i. the superintendent or sheriff or [his or her] their designee in 39 consultation with the medical professional responsible for the institu- 40 tion has made an individualized determination that restraints are neces- 41 sary to prevent such [woman] birthing parent from injuring [herself] 42 themself or medical or correctional personnel or others and cannot 43 reasonably be restrained by other means, including the use of additional 44 personnel; or 45 ii. the correctional personnel directly responsible for the transport 46 of such a [woman] birthing parent determine that an emergency has arisen 47 in which restraints are necessary because the [woman] birthing parent 48 poses an immediate risk of serious injury to [herself] themselves or 49 medical or correctional personnel or others and cannot reasonably be 50 restrained by other means. 51 (b) If a determination has been made pursuant to subparagraph i or ii 52 of paragraph (a) of this subdivision that extraordinary circumstances 53 exist then restraints shall be limited to wrist restraints in front of 54 the body. The superintendent or sheriff or [his or her] their designee 55 pursuant to subparagraph i of paragraph (a) of this subdivision or 56 correctional personnel pursuant to subparagraph ii of paragraph (a) of
A. 4879 3 1 this subdivision shall document in writing the facts upon which the 2 finding of extraordinary circumstances were based within five days of 3 the use of such restraints and shall also document the type of 4 restraints used and the length of time such restraints were used. 5 (c) No restraints of any kind shall be used when such [woman] birthing 6 parent is in labor, admitted to a hospital, institution or clinic for 7 delivery, or recovering after giving birth. Any such personnel as may be 8 necessary to supervise the [woman] birthing parent during transport to 9 and from and during [her] their stay at the hospital, institution or 10 clinic shall be provided to ensure adequate care, custody and control of 11 the [woman] birthing parent, except that no correctional staff shall be 12 present in the delivery room during the birth of a baby unless requested 13 by the medical staff supervising such delivery or by the [woman] birth- 14 ing parent giving birth. The [woman] birthing parent shall be permitted 15 to have at least one support person of [her] their choosing accompany 16 [her] them in the delivery room and when such [woman] birthing parent is 17 in labor and recovering after giving birth. A support person shall not 18 need to have visited the [woman] birthing parent at a correctional 19 facility prior to serving as a support person. A person may not be 20 denied eligibility to serve as a support person solely on the basis of a 21 past criminal conviction or that such person is on probation, condi- 22 tional release, parole or post release supervision. Any decision by an 23 agency to deny a [woman's] birthing parent's request to have a specific 24 person serve as a support person shall be made with reasons specified in 25 writing within five days of [her] the request and promptly provided to 26 the [woman] birthing parent. A support person shall be notified imme- 27 diately after such [woman] birthing parent goes into labor, or imme- 28 diately after a caesarean section or termination is scheduled. If avail- 29 able, a doula, midwife or other birthing support specialist may also 30 assist during labor and delivery in addition to at least one support 31 person of the [woman's] birthing parent's choosing. Any [woman] birthing 32 parent confined in a state or local correctional facility shall receive 33 notice in writing in a language and manner understandable to [her] such 34 birthing parent about the requirements of this section upon [her] such 35 birthing parent's admission to such state or local correctional facility 36 and again when [she] the birthing parent is known to be pregnant. The 37 superintendent or sheriff shall publish notice of the requirements of 38 this section in prominent locations where medical care is provided. The 39 superintendent or sheriff or [his or her] their designee shall cause 40 such [woman] birthing parent to be subject to return to such institution 41 or local correctional facility as soon after the birth of [her] such 42 birthing parent's child as the state of [her] such birthing parent's 43 health will permit as determined by the medical professional responsible 44 for the care of such [woman] birthing parent. If such [woman] birthing 45 parent is confined in a local correctional facility, the expense of such 46 accommodation, maintenance and medical care shall be paid by such 47 [woman] birthing parent or [her] their relatives or from any available 48 funds of the local correctional facility and if not available from such 49 sources, shall be a charge upon the county, city or town in which is 50 located the court from which such incarcerated individual was committed 51 to such local correctional facility. If such [woman] birthing parent is 52 confined in any institution under the control of the department, the 53 expense of such accommodation, maintenance and medical care shall be 54 paid by such [woman] birthing parent or [her] their relatives and if not 55 available from such sources, such maintenance and medical care shall be 56 paid by the state. In cases where payment of such accommodations, main-
A. 4879 4 1 tenance and medical care is assumed by the county, city or town from 2 which such incarcerated individual was committed the payor shall make 3 payment by issuing payment instrument in favor of the agency or individ- 4 ual that provided such accommodations and services, after certification 5 has been made by the head of the institution to which the incarcerated 6 individual was legally confined, that the charges for such accommo- 7 dations, maintenance and medical care were necessary and are just, and 8 that the institution has no available funds for such purpose. 9 (d) Any [woman] birthing parent confined in an institution or local 10 correctional facility shall receive notice in writing in a language and 11 manner understandable to [her] such birthing parent about the require- 12 ments of this section upon [her] such birthing parent's admission to an 13 institution or local correctional facility and again when [she] such 14 birthing parent is known to be pregnant. The superintendent or sheriff 15 shall publish notice of the requirements of this section in prominent 16 locations where medical care is provided. The department and the sheriff 17 shall provide annual training on provisions of this section to all 18 correctional personnel who are involved in the transportation, super- 19 vision or medical care of incarcerated [women] individuals. 20 (e) The department shall report annually to the governor, the tempo- 21 rary president of the senate, the minority leader of the senate, the 22 speaker of the assembly, the minority leader of the assembly, the chair- 23 person of the senate crime victims, crime and correction committee and 24 the chairperson of the assembly correction committee concerning every 25 use of restraints on a [woman] birthing parent under this section, 26 including the reason such restraint was used, the type of restraint used 27 and the length of time such restraint was used pursuant to paragraph (b) 28 of this subdivision, but shall exclude individual identifying informa- 29 tion. The sheriff of each county shall report, in a form and manner 30 prescribed by the commission, every use of restraints on a [woman] 31 birthing parent under this section, including the reason such restraint 32 was used, the type of restraint used and the length of time such 33 restraint was used pursuant to paragraph (b) of this subdivision, annu- 34 ally to the commission. The commission shall include such information in 35 its annual report pursuant to section forty-five of this chapter, but 36 shall exclude identifying information from such report. Reports required 37 by this section shall be posted on the websites maintained by the 38 department and the commission. 39 [2.] 3. Birthing parents shall be provided with comprehensive and 40 uninterrupted access to prenatal, perinatal, and postpartum care, 41 including all necessary prenatal screening and diagnostic tests, medica- 42 tion as prescribed by medical personnel, consultation and treatment, 43 including treatment by specialists, and appropriate medical care after 44 delivery or other pregnancy outcomes, including postpartum physical, 45 mental, and reproductive health care, as recommended by the American 46 college of obstetricians and gynecologists. The commissioner shall 47 establish rules and regulations relating to conditions in the institu- 48 tion or local correctional facility, treatment and care that shall 49 include, but is not limited to: 50 (a) Regularly scheduled obstetric care appointments with a medical 51 practitioner, beginning in early pregnancy, within one week of the 52 institution or local correctional facility learning an individual is 53 pregnant, and continuing as recommended by medical personnel through the 54 postpartum period; 55 (b) The appointment within the first week of the institution or local 56 correctional facility upon learning an individual is pregnant shall
A. 4879 5 1 include a comprehensive prenatal examination appropriate to the trimes- 2 ter and health of such individual as recommended by the American college 3 of obstetricians and gynecologists. If the medical practitioner is not a 4 high-risk obstetrician and determines that a referral to a high-risk 5 obstetrician is necessary, such individual shall be referred to a high- 6 risk obstetrician without delay; 7 (c) Prenatal appointments with a medical practitioner pursuant to this 8 paragraph at a frequency of, at a minimum, once per month during the 9 first six months of pregnancy, twice per month during the seventh and 10 eighth months of pregnancy, and weekly during the last month of pregnan- 11 cy if such individual does not have a high-risk pregnancy; 12 (d) Fetal ultrasound imaging conducted by a sonographer who is certi- 13 fied in or who has received a degree in sonography from a national 14 certifying or degree-granting body at a frequency determined by the 15 medical practitioner caring for such individual, including, at a mini- 16 mum: one dating ultrasound if such individual is in their first trimes- 17 ter or has not yet had or does not have records of a prior such ultra- 18 sound; one ultrasound to assess fetal anatomy between eighteen and 19 twenty-two weeks of pregnancy if such individual has not yet reached 20 twenty-two weeks of pregnancy; and within two weeks of entering custody 21 in an institution or local correctional facility if such individual 22 enters custody past twenty-two weeks of pregnancy. Such individual shall 23 be permitted to view their ultrasound imaging during the procedure and 24 shall be provided with physical images from the ultrasound to keep at 25 the institution or local correctional facility and an additional copy 26 for a person of the individual's choosing if such images are capable of 27 being generated and if such individual wants such images; 28 (e) For individuals with a high-risk pregnancy, the frequency of 29 prenatal appointments shall be determined by the high-risk obstetrician 30 caring for such individuals in line with recommendations by the American 31 college of obstetricians and gynecologists; 32 (f) Emergency access to a medical practitioner pursuant to this para- 33 graph for twenty-four hours per day seven days per week. If emergency 34 access is needed, such individuals shall be permitted to speak with such 35 practitioners directly; 36 (g) No correction staff or volunteers shall be present during these 37 examinations unless requested by the birthing parent or by the medical 38 staff when the situation poses a clear risk of danger to the medical 39 staff or others; 40 (h) At least once each trimester, a consultation with a nutritionist 41 or dietician about pregnancy appropriate nutrition and physical activ- 42 ity; 43 (i) Access to a dentist within one month of the institution or local 44 correctional facility learning such individual is pregnant. Such dentist 45 shall offer such individual a comprehensive exam, cleaning, and timely 46 referral to dental specialists if necessary, pursuant to the recommenda- 47 tions by the American college of obstetricians and gynecologists; 48 (j) At least one consultation prior to the birth between such individ- 49 ual and such individual's medical practitioner, midwife, and/or doula, 50 to discuss anticipatory guidance related to the birth and establish a 51 birth plan, including but not limited to: 52 (i) modes of delivery, possible interventions and guidance regarding 53 medical testing and fetal monitoring; 54 (ii) medication that may be employed during birth and the possible 55 side effects of such medication on such individual and their newborn
A. 4879 6 1 consistent with section twenty-five hundred three of the public health 2 law; 3 (iii) preferences for newborn feeding and care, including circumcision 4 if applicable; 5 (iv) information for maternity patients as required by section twen- 6 ty-eight hundred three-j of the public health law; 7 (v) information regarding the length of hospital stay for maternity 8 patients contained in section twenty-eight hundred three-n of the public 9 health law; and 10 (vi) a comprehensive postpartum appointment schedule with a medical 11 practitioner pursuant to this paragraph at a frequency determined by 12 such practitioner based on the health of such individual and any compli- 13 cations related to birth, including one appointment three weeks after a 14 vaginal birth and two weeks after a cesarean section, and another 15 appointment twelve weeks after birth, in accordance with recommendations 16 from the American college of obstetricians and gynecologists; 17 (k) Perinatal vitamins that meet the standards of the United States 18 Food and Drug Administration and that include key vitamins and minerals 19 as recommended by the American college of obstetricians and gynecolo- 20 gists in order to safely deliver a child and breast feed them; 21 (l) Evidence-based treatment and medication for opioid use disorder, 22 smoking cessation, alcohol use disorder and other substance use disor- 23 ders shall not be denied on account of pregnancy; 24 (m) Screening for HIV, hepatitis B, syphilis, chlamydial infection, 25 and Neisseria Gonorrheae, as recommended by the American academy of 26 pediatrics and the American college of obstetricians and gynecologists 27 with prior written and oral informed consent specific to the test; 28 (n) Consultation access to influenza and Tdap vaccines; 29 (o) Screening for mental health concerns and psychological and psychi- 30 atric therapy and treatment as needed, including consultation regarding 31 psychiatric medications and provision to psychiatric medications that 32 are safe during pregnancy; 33 (p) Medical care during labor and delivery, which shall include care 34 by qualified medical personnel, such as someone who has been certified 35 in obstetrics by the American board of medical specialties or a compara- 36 ble national certifying board or a midwife licensed to practice midwif- 37 ery pursuant to article one hundred forty of the education law provided 38 that such a midwife is available and such individual requests midwifery 39 care and necessary medical equipment, including full access to pain 40 management medications when safe. A birthing parent shall remain at the 41 hospital and in care by qualified medical personnel for forty-eight 42 hours after vaginal birth and ninety-six hours after cesarean birth in 43 accordance with recommendations from the American college of obstetri- 44 cians and gynecologists. Prior to release from the hospital, the birth- 45 ing parent shall receive consultations from qualified practitioners to 46 include but not be limited to: 47 (i) a certified dietician and/or nutritionist for postpartum physical 48 activity recommendations appropriate to labor and delivery outcomes of 49 the birthing parent; and 50 (ii) a certified lactation consultant to assess, diagnose, and treat 51 any breastfeeding issues such as nipple soreness, cracking or blister- 52 ing, and to provide education on proper latching, positioning, milk 53 supply management, and common breastfeeding considerations, including 54 but not limited to, challenges expressing breast milk, proper breast 55 pump and storage techniques, and dietary considerations and medications 56 that may impact breastfeeding;
A. 4879 7 1 (q) Timely access to medications, vaccines, and prenatal, perinatal, 2 postpartum, and fetal tests as recommended by the medical practitioner 3 caring for such individual and timely access to results of such tests, 4 including tests identifying the sex of the fetus, if such individual 5 confirms they want this information; 6 (r) Appropriate hydration and nutrition. Such hydration shall include 7 distilled water for bottles and bottled filtered water for drinking. 8 Such nutrition shall include the provision of additional portions of 9 nutritious food, fresh fruits and vegetables that are safe to consume 10 during the prenatal, perinatal and postpartum periods, including breast- 11 feeding-related nutritional recommendations of the American college of 12 obstetricians and gynecologists and the American academy of pediatrics. 13 These individuals may request an additional tray of food, milk, and 14 hydration to bring back to their living area during the prenatal, peri- 15 natal and postpartum periods and while breastfeeding; 16 (s) Regular access to safe and appropriate exercise facilities for at 17 least one hour per day during the prenatal, perinatal and postpartum 18 periods as appropriate to their physical health and birth outcome, as 19 well as trips outside the institution or local correctional facility 20 guided by correctional officers for birthing parents; 21 (t) Reasonable accommodations for sleep, rest, and work requirements 22 for the prenatal, perinatal and postpartum periods and the entire period 23 the child remains with birthing parent. Reprieve from daily activities, 24 such as repeatedly climbing stairs and lifting heavy items, if the 25 medical practitioner providing care to such individual determines that 26 such activities present a risk of harm to such individual; 27 (u) Access to seating with back support in situations that require 28 sitting, including waiting for an appointment and participating in 29 programs or work duties; 30 (v) Privacy with regard to the care of prenatal, perinatal, and post- 31 partum conditions. Breastfeeding birthing parents shall have access to a 32 nursing cover; 33 (w) Prevention from exposure to substances or chemicals that could 34 present a risk of harm to the birthing parent during the prenatal, peri- 35 natal and postpartum periods or such person's fetus or infant; 36 (x) Safe and appropriate housing and living conditions, including 37 adequate bedding, clothing, and personal hygiene and self-care supplies 38 during prenatal, perinatal and postpartum periods and during the entire 39 period the child remains with the birthing parent. Bedding includes 40 additional mattresses, pillows, blankets, and sheets; 41 (y) In-person consultations with legal counsel of their choice regard- 42 ing their postpartum decisions related to the short term and long term 43 care of the child, or by telephone or video if necessary, and appropri- 44 ate peer and social support of other incarcerated parents in person or 45 online or via videoconference if necessary. Such postpartum individuals 46 shall also have access to reasonable technology to take and share photos 47 of such person's child; 48 (z) Authority to make decisions regarding their child's daily life 49 including feeding, dressing, sleeping, and hygiene, provided that such 50 decisions do not present a significant risk to the health of the child 51 or the safety and security of the institution or local correctional 52 facility; and 53 (aa) Freedom from discrimination with respect to access to services, 54 education or programming, including programming related to early release 55 or sentence-shortening options.
A. 4879 8 1 4. (a) A child [so born may be returned with its mother to the correc- 2 tional institution in which the mother is confined] shall have the right 3 to return with their birthing parent and remain in the institution or 4 local correctional facility with their birthing parent: 5 (i) until the child is eighteen months old; provided, however, that if 6 the birthing parent is to be paroled by the time the child becomes twen- 7 ty-four months of age, such child may remain at the institution or 8 local correctional facility until the birthing parent is paroled. If a 9 birthing parent of a child under the age of eighteen months is incarcer- 10 ated at an institution or local correctional facility, such child may 11 accompany such person to such institution or facility if such person is 12 physically fit to have the care of such child, subject to the provisions 13 of this section. If any person committed to any such institution or 14 facility at the time of such commitment is the birthing parent of, and 15 has under their exclusive care, a child more than eighteen months of 16 age, the justice or magistrate committing such person shall refer such 17 child to the commissioner of public welfare or other officer or board 18 exercising in relation to children the power of a commissioner of public 19 welfare of the county from which the person is committed to be cared for 20 as provided by law in the case of a child becoming dependent upon the 21 county. 22 (ii) unless the chief medical officer of the [correctional] institu- 23 tion [shall certify that the mother is physically unfit to care for the 24 child, in which case the statement of the said medical officer shall be 25 final. A child may remain in the correctional institution with its 26 mother for such period as seems desirable for the welfare of such child, 27 but not after it is one year of age, provided, however, if the mother is 28 in a state reformatory and is to be paroled shortly after the child 29 becomes one year of age, such child may remain at the state reformatory 30 until its mother is paroled, but in no case after the child is eighteen 31 months old. If a pregnant woman or mother of a child under the age of 32 eighteen months is incarcerated at a state or local correctional facili- 33 ty, the department shall inform her of her ability to apply to any nurs- 34 ery program run by the department and the locality] or local correction- 35 al facility demonstrates a finding by clear and convincing evidence that 36 such person poses an imminent risk to the health and safety of the 37 child. 38 (b) Any [woman] person confined in [a state] an institution or local 39 correctional facility shall receive notice in writing in a language and 40 manner understandable to [her] them about [the requirements of] their 41 rights under this section upon [her] their admission to [a state] an 42 institution or local correctional facility and again when [she is] they 43 are known to be pregnant. The superintendent or sheriff shall publish 44 notice of [the requirements of this section] such rights in prominent 45 locations where medical care is provided. [The officer in charge of such 46 institution may cause a child cared for therein with its mother to be 47 removed from the institution at any time before the child is one year of 48 age. He or she shall make provision for a child removed from the insti- 49 tution without its mother or a child born to a woman incarcerated indi- 50 vidual who is not returned to the institution with its mother as herein- 51 after provided. He or she] 52 (c) No child shall be removed from the nursery without the express 53 oral and written consent of the birthing parent or a finding, by clear 54 and convincing evidence, that the birthing parent poses an imminent risk 55 to the health and safety of the child and that this risk cannot be miti- 56 gated through reasonable efforts on behalf of the institution or local
A. 4879 9 1 correctional facility. The right to counsel and due process shall be 2 afforded to the birthing parent as well as to the child prior to, or 3 shortly after, such removal and if the finding above is not sustained, 4 the child shall be immediately returned to the care and custody of the 5 birthing parent. The officer in charge of an institution or local 6 correctional facility may, upon proof being furnished by the [father] 7 non-birthing parent or other relatives of [their] such relatives' abili- 8 ty to properly care for and maintain such child, and with the express 9 written and oral consent of the birthing parent who gave birth to the 10 child within the previous eighteen months, give the child into the care 11 and custody of such [father] non-birthing parent or other relatives, who 12 shall thereafter maintain the same at their own expense. If it shall 13 appear that such [father] non-birthing parent or other relatives are 14 unable to properly care for and maintain such child, such officer shall 15 place the child in the care of the commissioner of public welfare or 16 other officer or board exercising in relation to children the power of a 17 commissioner of public welfare of the county from which such [incarcer- 18 ated individual] birthing parent was committed as a charge upon such 19 county. The officer in charge of the correctional institution shall send 20 to such commissioner, officer or board a report of all information 21 available in regard to the [mother] birthing parent and the child. Such 22 commissioner of public welfare or other officer or board shall care for 23 or place out such child as provided by law in the case of a child becom- 24 ing dependent upon the county. 25 [3. If any woman, committed to any such correctional institution at 26 the time of such commitment is the mother of a nursing child in her care 27 under one year of age, such child may accompany her to such institution 28 if she is physically fit to have the care of such child, subject to the 29 provisions of subdivision two of this section. If any woman committed to 30 any such institution at the time of such commitment is the mother of and 31 has under her exclusive care a child more than one year of age the 32 justice or magistrate committing such woman shall refer such child to 33 the commissioner of public welfare or other officer or board exercising 34 in relation to children the power of a commissioner of public welfare of 35 the county from which the woman is committed to be cared for as provided 36 by law in the case of a child becoming dependent upon the county. 37 4.] 5. The birthing parent and their child in the nursery of the 38 correctional institution or local correctional facility shall be enti- 39 tled to the following rights and conditions: 40 (a) Separation or the threat of separation of a birthing parent who is 41 caring for their child in the nursery of the institution or local 42 correctional facility shall never be used as a disciplinary tool or 43 sanction. 44 (b) No person shall care for the child without the express permission 45 of the birthing parent. 46 (c) Birthing parents who are caring for their child in the nursery 47 while incarcerated shall have quiet and private sleeping spaces until 48 their child is weaned or such child consistently sleeps through the 49 night, whichever occurs later. 50 (d) Birthing parents who are caring for their child in the nursery of 51 the institution or local correctional facility shall have timely consul- 52 tations with pediatricians, including in-person consultations. These 53 appointments shall be conducted after birth, at one month, two months, 54 four months, six months, nine months, one year, fifteen months, eighteen 55 months, and twenty-four months, according to the American academy of 56 pediatrics.
A. 4879 10 1 (e) Birthing parents who are caring for their child in the nursery of 2 the institution or local correctional facility shall be provided with 3 appropriate over-the-counter medications for their child, regardless of 4 whether the birthing parent has consulted with a pediatrician. 5 (f) Birthing parents who have given birth within the previous eighteen 6 months shall be provided with counseling regarding all options open to 7 them, including all rights under this section to postpartum care, to 8 maintain the care and custody of their child while incarcerated, all 9 rights of such child to receive pediatric care and a safe, nurturing and 10 developmentally appropriate environment, and alternative care arrange- 11 ments for their child. 12 (g) Under no circumstances shall a birthing parent who has given birth 13 within the prior eighteen months and who is caring for their child while 14 incarcerated be subjected to isolation or segregated confinement, used 15 as a disciplinary tool or sanction, with or without their child. 16 6. Children born to birthing parents and who are cared for in the 17 nursery of the institution or local correctional facility shall have the 18 right to the following: 19 (a) in addition to the requirements of section 7651.17 of title 9 of 20 the codes, rules and regulations of the state of New York, appropriate 21 pediatric care, including all necessary medical and developmental test- 22 ing, as recommended by the American academy of pediatrics; 23 (b) an appointment for such child with a physician, physician assist- 24 ant, or nurse practitioner who is certified by a national certifying 25 board to provide pediatric care at the next medically appropriate point 26 after leaving the hospital in which the child was born, along with 27 appointments with such a practitioner at regular intervals as recom- 28 mended by the American academy of pediatrics and timely access to pedia- 29 tric specialists as recommended by such a practitioner. Such appoint- 30 ments shall be conducted after birth, one month, two months, four 31 months, six months, nine months, one year, fifteen months, eighteen 32 months, and twenty-four months; 33 (c) emergency access to a physician, physician assistant, or nurse 34 practitioner who is certified by a national certifying board to provide 35 pediatric care twenty-four hours per day, seven days per week. Such 36 emergency access shall include medical care for infants within two hours 37 of infant distress. A telehealth option shall be available when neces- 38 sary as a last resort; 39 (d) access to all relevant features of early intervention or other 40 special medical or developmental services when needed as determined by 41 an assessment, via experts within or outside the facility as stated in 42 article twenty-five of the public health law; 43 (e) a clean, safe and nurturing environment for children, which 44 includes safe and appropriate sleeping arrangements that reduce the risk 45 of sudden infant death syndrome, safe and appropriate playing, eating, 46 and bathing spaces, adequate hygiene and personal care supplies, 47 adequate over-the-counter medication for common conditions such as 48 colds, teething pain, and diaper rash, and daily access to natural 49 light, quiet, and music; 50 (f) access to nonprescription pediatric medications, creams, oint- 51 ments, and sprays approved by the United States Food and Drug Adminis- 52 tration upon the birthing parent's request; 53 (g) full opportunity to bond with such child's birthing parents, 54 including consistent and extensive physical skin-to-skin contact from 55 the moment of birth;
A. 4879 11 1 (h) healthy nutrition, including breastfeeding or breast milk that has 2 been pumped, stored and warmed, if such birthing parent so chooses; 3 (i) adequate quantities of age-appropriate diapers, baby clothes, baby 4 blankets, burp cloths, bibs, baby bathing equipment, and developmentally 5 appropriate toys; 6 (j) a safe place separated from the general incarcerated population; 7 (k) reasonable visiting hours from family and friends, subject to the 8 consent of the birthing parent; and 9 (l) time outdoors with their birthing parent for at least one hour per 10 day. 11 7. Upon admitting a [woman] person known to be pregnant, or upon 12 learning of pregnancy status, the chief medical officer of each institu- 13 tion or local correctional facility housing [female incarcerated indi- 14 viduals] birthing parents, including the medical professional responsi- 15 ble for each local correctional facility housing [female incarcerated 16 individuals] birthing parents, or such officer or professional's desig- 17 nee, shall immediately inform such [woman] birthing parent of [the 18 option of participating in] their right to comprehensive pregnancy coun- 19 seling services and the right to abortion services. 20 8. Enforcement. (a) The department or the commission shall promulgate 21 rules and regulations necessary for the implementation of this section 22 within one hundred eighty days of the effective date of this subdivi- 23 sion. 24 (b) If a birthing parent claims that either they or the child in their 25 care have suffered as a result of conduct prohibited under this section 26 or have been denied the rights provided in this section, the provisions 27 of this section shall be enforceable by a proceeding brought pursuant to 28 article seventy-eight of the civil practice law and rules. 29 § 3. Subdivision 33 of section 2 of the correction law, as added by 30 chapter 93 of the laws of 2021, is amended to read as follows: 31 33. "Special populations" means any person: (a) twenty-one years of 32 age or younger; (b) fifty-five years of age or older; (c) with a disa- 33 bility as defined in paragraph (a) of subdivision twenty-one of section 34 two hundred ninety-two of the executive law; or (d) who is pregnant, in 35 the first [eight weeks] twelve weeks of the [post-partum] postpartum 36 recovery period after giving birth, or caring for a child in a correc- 37 tional institution pursuant to [subdivisions two or three of] section 38 six hundred eleven of this chapter. 39 § 4. Severability. If any word, phrase, clause, sentence, paragraph, 40 section, or part of this act shall be adjudged by any court of competent 41 jurisdiction to be invalid, such judgment shall not affect, impair, or 42 invalidate the remainder thereof, but shall be confined in its operation 43 to the word, phrase, clause, sentence, paragraph, section, or part ther- 44 eof directly involved in the controversy in which such judgment shall 45 have been rendered. 46 § 5. This act shall take effect on the one hundred eightieth day after 47 it shall have become a law.