STATE OF NEW YORK ________________________________________________________________________ 4583 2025-2026 Regular Sessions IN SENATE February 7, 2025 ___________ Introduced by Sens. SALAZAR, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, LIU, MARTINEZ, MYRIE, RAMOS, RIVERA, SEPULVEDA, SERRANO, WEBB -- 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 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: 20 § 611. [Births to incarcerated individuals of correctional insti- 21 tutions and care of children of incarcerated individuals of correctional EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05763-02-5
S. 4583 2 1 institutions] Rights and care of birthing parents and such persons' 2 children. 1. For the purposes of this section, the following terms 3 shall have the following meanings: 4 (a) "Birthing parent" means any person who is incarcerated and preg- 5 nant, postpartum, or with custody of a child up to twenty-four months of 6 age. 7 (b) "Prenatal" means the period in which a person becomes pregnant and 8 up until birth or other pregnancy outcome occurs. 9 (c) "Perinatal" means the twelve-week period immediately before birth 10 and the twelve-week period immediately after birth. 11 (d) "Postpartum" means the twelve-week period after giving birth and 12 shall include stillbirth, miscarriage, and neonatal death, in accordance 13 with the American college of obstetricians and gynecologists. 14 (e) "Nursery" means a space where a birthing parent lives with their 15 child and receives services. A nursery shall include, at a minimum, a 16 window for natural light and the equipment and furnishings required by 17 section 7651.17 of title 9 of the codes, rules and regulations of the 18 state of New York. 19 (f) "Timely" means within the timeframe recommended by the treating 20 medical provider, unless otherwise specified in this section. 21 2. (a) If a [woman] person confined in any institution or local 22 correctional facility be pregnant and about to give birth to a child, 23 the superintendent or sheriff in charge of such institution or facility, 24 a reasonable time before the anticipated birth of such child, shall 25 cause such [woman] person to be removed from such institution or facili- 26 ty and provided with comfortable accommodations, maintenance and medical 27 care elsewhere, under such supervision and safeguards to prevent [her] 28 such birthing parent's escape from custody as the superintendent or 29 sheriff or [his or her] their designee may determine. No restraints of 30 any kind shall be used during transport of such [woman] birthing parent, 31 a [woman] person who is known to be pregnant by correctional personnel 32 or personnel providing medical services to the institution or local 33 correctional facility, or a [woman] birthing parent within eight weeks 34 after delivery or pregnancy outcome, absent extraordinary circumstances 35 in which: 36 i. the superintendent or sheriff or [his or her] their designee in 37 consultation with the medical professional responsible for the institu- 38 tion has made an individualized determination that restraints are neces- 39 sary to prevent such [woman] birthing parent from injuring [herself] 40 themself or medical or correctional personnel or others and cannot 41 reasonably be restrained by other means, including the use of additional 42 personnel; or 43 ii. the correctional personnel directly responsible for the transport 44 of such a [woman] birthing parent determine that an emergency has arisen 45 in which restraints are necessary because the [woman] birthing parent 46 poses an immediate risk of serious injury to [herself] themselves or 47 medical or correctional personnel or others and cannot reasonably be 48 restrained by other means. 49 (b) If a determination has been made pursuant to subparagraph i or ii 50 of paragraph (a) of this subdivision that extraordinary circumstances 51 exist then restraints shall be limited to wrist restraints in front of 52 the body. The superintendent or sheriff or [his or her] their designee 53 pursuant to subparagraph i of paragraph (a) of this subdivision or 54 correctional personnel pursuant to subparagraph ii of paragraph (a) of 55 this subdivision shall document in writing the facts upon which the 56 finding of extraordinary circumstances were based within five days of
S. 4583 3 1 the use of such restraints and shall also document the type of 2 restraints used and the length of time such restraints were used. 3 (c) No restraints of any kind shall be used when such [woman] birthing 4 parent is in labor, admitted to a hospital, institution or clinic for 5 delivery, or recovering after giving birth. Any such personnel as may be 6 necessary to supervise the [woman] birthing parent during transport to 7 and from and during [her] their stay at the hospital, institution or 8 clinic shall be provided to ensure adequate care, custody and control of 9 the [woman] birthing parent, except that no correctional staff shall be 10 present in the delivery room during the birth of a baby unless requested 11 by the medical staff supervising such delivery or by the [woman] birth- 12 ing parent giving birth. The [woman] birthing parent shall be permitted 13 to have at least one support person of [her] their choosing accompany 14 [her] them in the delivery room and when such [woman] birthing parent is 15 in labor and recovering after giving birth. A support person shall not 16 need to have visited the [woman] birthing parent at a correctional 17 facility prior to serving as a support person. A person may not be 18 denied eligibility to serve as a support person solely on the basis of a 19 past criminal conviction or that such person is on probation, condi- 20 tional release, parole or post release supervision. Any decision by an 21 agency to deny a [woman's] birthing parent's request to have a specific 22 person serve as a support person shall be made with reasons specified in 23 writing within five days of [her] the request and promptly provided to 24 the [woman] birthing parent. A support person shall be notified imme- 25 diately after such [woman] birthing parent goes into labor, or imme- 26 diately after a caesarean section or termination is scheduled. If avail- 27 able, a doula, midwife or other birthing support specialist may also 28 assist during labor and delivery in addition to at least one support 29 person of the [woman's] birthing parent's choosing. Any [woman] birthing 30 parent confined in a state or local correctional facility shall receive 31 notice in writing in a language and manner understandable to [her] such 32 birthing parent about the requirements of this section upon [her] such 33 birthing parent's admission to such state or local correctional facility 34 and again when [she] the birthing parent is known to be pregnant. The 35 superintendent or sheriff shall publish notice of the requirements of 36 this section in prominent locations where medical care is provided. The 37 superintendent or sheriff or [his or her] their designee shall cause 38 such [woman] birthing parent to be subject to return to such institution 39 or local correctional facility as soon after the birth of [her] such 40 birthing parent's child as the state of [her] such birthing parent's 41 health will permit as determined by the medical professional responsible 42 for the care of such [woman] birthing parent. If such [woman] birthing 43 parent is confined in a local correctional facility, the expense of such 44 accommodation, maintenance and medical care shall be paid by such 45 [woman] birthing parent or [her] their relatives or from any available 46 funds of the local correctional facility and if not available from such 47 sources, shall be a charge upon the county, city or town in which is 48 located the court from which such incarcerated individual was committed 49 to such local correctional facility. If such [woman] birthing parent is 50 confined in any institution under the control of the department, the 51 expense of such accommodation, maintenance and medical care shall be 52 paid by such [woman] birthing parent or [her] their relatives and if not 53 available from such sources, such maintenance and medical care shall be 54 paid by the state. In cases where payment of such accommodations, main- 55 tenance and medical care is assumed by the county, city or town from 56 which such incarcerated individual was committed the payor shall make
S. 4583 4 1 payment by issuing payment instrument in favor of the agency or individ- 2 ual that provided such accommodations and services, after certification 3 has been made by the head of the institution to which the incarcerated 4 individual was legally confined, that the charges for such accommo- 5 dations, maintenance and medical care were necessary and are just, and 6 that the institution has no available funds for such purpose. 7 (d) Any [woman] birthing parent confined in an institution or local 8 correctional facility shall receive notice in writing in a language and 9 manner understandable to [her] such birthing parent about the require- 10 ments of this section upon [her] such birthing parent's admission to an 11 institution or local correctional facility and again when [she] such 12 birthing parent is known to be pregnant. The superintendent or sheriff 13 shall publish notice of the requirements of this section in prominent 14 locations where medical care is provided. The department and the sheriff 15 shall provide annual training on provisions of this section to all 16 correctional personnel who are involved in the transportation, super- 17 vision or medical care of incarcerated [women] individuals. 18 (e) The department shall report annually to the governor, the tempo- 19 rary president of the senate, the minority leader of the senate, the 20 speaker of the assembly, the minority leader of the assembly, the chair- 21 person of the senate crime victims, crime and correction committee and 22 the chairperson of the assembly correction committee concerning every 23 use of restraints on a [woman] birthing parent under this section, 24 including the reason such restraint was used, the type of restraint used 25 and the length of time such restraint was used pursuant to paragraph (b) 26 of this subdivision, but shall exclude individual identifying informa- 27 tion. The sheriff of each county shall report, in a form and manner 28 prescribed by the commission, every use of restraints on a [woman] 29 birthing parent under this section, including the reason such restraint 30 was used, the type of restraint used and the length of time such 31 restraint was used pursuant to paragraph (b) of this subdivision, annu- 32 ally to the commission. The commission shall include such information in 33 its annual report pursuant to section forty-five of this chapter, but 34 shall exclude identifying information from such report. Reports required 35 by this section shall be posted on the websites maintained by the 36 department and the commission. 37 [2.] 3. Birthing parents shall be provided with comprehensive and 38 uninterrupted access to prenatal, perinatal, and postpartum care, 39 including all necessary prenatal screening and diagnostic tests, medica- 40 tion as prescribed by medical personnel, consultation and treatment, 41 including treatment by specialists, and appropriate medical care after 42 delivery or other pregnancy outcomes, including postpartum physical, 43 mental, and reproductive health care, as recommended by the American 44 college of obstetricians and gynecologists. The commissioner shall 45 establish rules and regulations relating to conditions in the institu- 46 tion or local correctional facility, treatment and care that shall 47 include, but is not limited to: 48 (a) Regularly scheduled obstetric care appointments with a medical 49 practitioner, beginning in early pregnancy, within one week of the 50 institution or local correctional facility learning an individual is 51 pregnant, and continuing as recommended by medical personnel through the 52 postpartum period; 53 (b) The appointment within the first week of the institution or local 54 correctional facility upon learning an individual is pregnant shall 55 include a comprehensive prenatal examination appropriate to the trimes- 56 ter and health of such individual as recommended by the American college
S. 4583 5 1 of obstetricians and gynecologists. If the medical practitioner is not a 2 high-risk obstetrician and determines that a referral to a high-risk 3 obstetrician is necessary, such individual shall be referred to a high- 4 risk obstetrician without delay; 5 (c) Prenatal appointments with a medical practitioner pursuant to this 6 paragraph at a frequency of, at a minimum, once per month during the 7 first six months of pregnancy, twice per month during the seventh and 8 eighth months of pregnancy, and weekly during the last month of pregnan- 9 cy if such individual does not have a high-risk pregnancy; 10 (d) Fetal ultrasound imaging conducted by a sonographer who is certi- 11 fied in or who has received a degree in sonography from a national 12 certifying or degree-granting body at a frequency determined by the 13 medical practitioner caring for such individual, including, at a mini- 14 mum: one dating ultrasound if such individual is in their first trimes- 15 ter or has not yet had or does not have records of a prior such ultra- 16 sound; one ultrasound to assess fetal anatomy between eighteen and 17 twenty-two weeks of pregnancy if such individual has not yet reached 18 twenty-two weeks of pregnancy; and within two weeks of entering custody 19 in an institution or local correctional facility if such individual 20 enters custody past twenty-two weeks of pregnancy. Such individual shall 21 be permitted to view their ultrasound imaging during the procedure and 22 shall be provided with physical images from the ultrasound to keep at 23 the institution or local correctional facility and an additional copy 24 for a person of the individual's choosing if such images are capable of 25 being generated and if such individual wants such images; 26 (e) For individuals with a high-risk pregnancy, the frequency of 27 prenatal appointments shall be determined by the high-risk obstetrician 28 caring for such individuals in line with recommendations by the American 29 college of obstetricians and gynecologists; 30 (f) Emergency access to a medical practitioner pursuant to this para- 31 graph for twenty-four hours per day seven days per week. If emergency 32 access is needed, such individuals shall be permitted to speak with such 33 practitioners directly; 34 (g) No correction staff or volunteers shall be present during these 35 examinations unless requested by the birthing parent or by the medical 36 staff when the situation poses a clear risk of danger to the medical 37 staff or others; 38 (h) At least once each trimester, a consultation with a nutritionist 39 or dietician about pregnancy appropriate nutrition and physical activ- 40 ity; 41 (i) Access to a dentist within one month of the institution or local 42 correctional facility learning such individual is pregnant. Such dentist 43 shall offer such individual a comprehensive exam, cleaning, and timely 44 referral to dental specialists if necessary, pursuant to the recommenda- 45 tions by the American college of obstetricians and gynecologists; 46 (j) At least one consultation prior to the birth between such individ- 47 ual and such individual's medical practitioner, midwife, and/or doula, 48 to discuss anticipatory guidance related to the birth and establish a 49 birth plan, including but not limited to: 50 (i) modes of delivery, possible interventions and guidance regarding 51 medical testing and fetal monitoring; 52 (ii) medication that may be employed during birth and the possible 53 side effects of such medication on such individual and their newborn 54 consistent with section twenty-five hundred three of the public health 55 law;
S. 4583 6 1 (iii) preferences for newborn feeding and care, including circumcision 2 if applicable; 3 (iv) information for maternity patients as required by section twen- 4 ty-eight hundred three-j of the public health law; 5 (v) information regarding the length of hospital stay for maternity 6 patients contained in section twenty-eight hundred three-n of the public 7 health law; and 8 (vi) a comprehensive postpartum appointment schedule with a medical 9 practitioner pursuant to this paragraph at a frequency determined by 10 such practitioner based on the health of such individual and any compli- 11 cations related to birth, including one appointment three weeks after a 12 vaginal birth and two weeks after a cesarean section, and another 13 appointment twelve weeks after birth, in accordance with recommendations 14 from the American college of obstetricians and gynecologists; 15 (k) Perinatal vitamins that meet the standards of the United States 16 Food and Drug Administration and that include key vitamins and minerals 17 as recommended by the American college of obstetricians and gynecolo- 18 gists in order to safely deliver a child and breast feed them; 19 (l) Evidence-based treatment and medication for opioid use disorder, 20 smoking cessation, alcohol use disorder and other substance use disor- 21 ders shall not be denied on account of pregnancy; 22 (m) Screening for HIV, hepatitis B, syphilis, chlamydial infection, 23 and Neisseria Gonorrheae, as recommended by the American academy of 24 pediatrics and the American college of obstetricians and gynecologists 25 with prior written and oral informed consent specific to the test; 26 (n) Consultation access to influenza and Tdap vaccines; 27 (o) Screening for mental health concerns and psychological and psychi- 28 atric therapy and treatment as needed, including consultation regarding 29 psychiatric medications and provision to psychiatric medications that 30 are safe during pregnancy; 31 (p) Medical care during labor and delivery, which shall include care 32 by qualified medical personnel, such as someone who has been certified 33 in obstetrics by the American board of medical specialties or a compara- 34 ble national certifying board or a midwife licensed to practice midwif- 35 ery pursuant to article one hundred forty of the education law provided 36 that such a midwife is available and such individual requests midwifery 37 care and necessary medical equipment, including full access to pain 38 management medications when safe. A birthing parent shall remain at the 39 hospital and in care by qualified medical personnel for forty-eight 40 hours after vaginal birth and ninety-six hours after cesarean birth in 41 accordance with recommendations from the American college of obstetri- 42 cians and gynecologists. Prior to release from the hospital, the birth- 43 ing parent shall receive consultations from qualified practitioners to 44 include but not be limited to: 45 (i) a certified dietician and/or nutritionist for postpartum physical 46 activity recommendations appropriate to labor and delivery outcomes of 47 the birthing parent; and 48 (ii) a certified lactation consultant to assess, diagnose, and treat 49 any breastfeeding issues such as nipple soreness, cracking or blister- 50 ing, and to provide education on proper latching, positioning, milk 51 supply management, and common breastfeeding considerations, including 52 but not limited to, challenges expressing breast milk, proper breast 53 pump and storage techniques, and dietary considerations and medications 54 that may impact breastfeeding; 55 (q) Timely access to medications, vaccines, and prenatal, perinatal, 56 postpartum, and fetal tests as recommended by the medical practitioner
S. 4583 7 1 caring for such individual and timely access to results of such tests, 2 including tests identifying the sex of the fetus, if such individual 3 confirms they want this information; 4 (r) Appropriate hydration and nutrition. Such hydration shall include 5 distilled water for bottles and bottled filtered water for drinking. 6 Such nutrition shall include the provision of additional portions of 7 nutritious food, fresh fruits and vegetables that are safe to consume 8 during the prenatal, perinatal and postpartum periods, including breast- 9 feeding-related nutritional recommendations of the American college of 10 obstetricians and gynecologists and the American academy of pediatrics. 11 These individuals may request an additional tray of food, milk, and 12 hydration to bring back to their living area during the prenatal, peri- 13 natal and postpartum periods and while breastfeeding; 14 (s) Regular access to safe and appropriate exercise facilities for at 15 least one hour per day during the prenatal, perinatal and postpartum 16 periods as appropriate to their physical health and birth outcome, as 17 well as trips outside the institution or local correctional facility 18 guided by correctional officers for birthing parents; 19 (t) Reasonable accommodations for sleep, rest, and work requirements 20 for the prenatal, perinatal and postpartum periods and the entire period 21 the child remains with birthing parent. Reprieve from daily activities, 22 such as repeatedly climbing stairs and lifting heavy items, if the 23 medical practitioner providing care to such individual determines that 24 such activities present a risk of harm to such individual; 25 (u) Access to seating with back support in situations that require 26 sitting, including waiting for an appointment and participating in 27 programs or work duties; 28 (v) Privacy with regard to the care of prenatal, perinatal, and post- 29 partum conditions. Breastfeeding birthing parents shall have access to a 30 nursing cover; 31 (w) Prevention from exposure to substances or chemicals that could 32 present a risk of harm to the birthing parent during the prenatal, peri- 33 natal and postpartum periods or such person's fetus or infant; 34 (x) Safe and appropriate housing and living conditions, including 35 adequate bedding, clothing, and personal hygiene and self-care supplies 36 during prenatal, perinatal and postpartum periods and during the entire 37 period the child remains with the birthing parent. Bedding includes 38 additional mattresses, pillows, blankets, and sheets; 39 (y) In-person consultations with legal counsel of their choice regard- 40 ing their postpartum decisions related to the short term and long term 41 care of the child, or by telephone or video if necessary, and appropri- 42 ate peer and social support of other incarcerated parents in person or 43 online or via videoconference if necessary. Such postpartum individuals 44 shall also have access to reasonable technology to take and share photos 45 of such person's child; 46 (z) Authority to make decisions regarding their child's daily life 47 including feeding, dressing, sleeping, and hygiene, provided that such 48 decisions do not present a significant risk to the health of the child 49 or the safety and security of the institution or local correctional 50 facility; and 51 (aa) Freedom from discrimination with respect to access to services, 52 education or programming, including programming related to early release 53 or sentence-shortening options. 54 4. (a) A child [so born may be returned with its mother to the correc- 55 tional institution in which the mother is confined] shall have the right
S. 4583 8 1 to return with their birthing parent and remain in the institution or 2 local correctional facility with their birthing parent: 3 (i) until the child is eighteen months old; provided, however, that if 4 the birthing parent is to be paroled by the time the child becomes twen- 5 ty-four months of age, such child may remain at the institution or 6 local correctional facility until the birthing parent is paroled. If a 7 birthing parent of a child under the age of eighteen months is incarcer- 8 ated at an institution or local correctional facility, such child may 9 accompany such person to such institution or facility if such person is 10 physically fit to have the care of such child, subject to the provisions 11 of this section. If any person committed to any such institution or 12 facility at the time of such commitment is the birthing parent of, and 13 has under their exclusive care, a child more than eighteen months of 14 age, the justice or magistrate committing such person shall refer such 15 child to the commissioner of public welfare or other officer or board 16 exercising in relation to children the power of a commissioner of public 17 welfare of the county from which the person is committed to be cared for 18 as provided by law in the case of a child becoming dependent upon the 19 county. 20 (ii) unless the chief medical officer of the [correctional] institu- 21 tion [shall certify that the mother is physically unfit to care for the 22 child, in which case the statement of the said medical officer shall be 23 final. A child may remain in the correctional institution with its 24 mother for such period as seems desirable for the welfare of such child, 25 but not after it is one year of age, provided, however, if the mother is 26 in a state reformatory and is to be paroled shortly after the child 27 becomes one year of age, such child may remain at the state reformatory 28 until its mother is paroled, but in no case after the child is eighteen 29 months old. If a pregnant woman or mother of a child under the age of 30 eighteen months is incarcerated at a state or local correctional facili- 31 ty, the department shall inform her of her ability to apply to any nurs- 32 ery program run by the department and the locality] or local correction- 33 al facility demonstrates a finding by clear and convincing evidence that 34 such person poses an imminent risk to the health and safety of the 35 child. 36 (b) Any [woman] person confined in [a state] an institution or local 37 correctional facility shall receive notice in writing in a language and 38 manner understandable to [her] them about [the requirements of] their 39 rights under this section upon [her] their admission to [a state] an 40 institution or local correctional facility and again when [she is] they 41 are known to be pregnant. The superintendent or sheriff shall publish 42 notice of [the requirements of this section] such rights in prominent 43 locations where medical care is provided. [The officer in charge of such 44 institution may cause a child cared for therein with its mother to be 45 removed from the institution at any time before the child is one year of 46 age. He or she shall make provision for a child removed from the insti- 47 tution without its mother or a child born to a woman incarcerated indi- 48 vidual who is not returned to the institution with its mother as herein- 49 after provided. He or she] 50 (c) No child shall be removed from the nursery without the express 51 oral and written consent of the birthing parent or a finding, by clear 52 and convincing evidence, that the birthing parent poses an imminent risk 53 to the health and safety of the child and that this risk cannot be miti- 54 gated through reasonable efforts on behalf of the institution or local 55 correctional facility. The right to counsel and due process shall be 56 afforded to the birthing parent as well as to the child prior to, or
S. 4583 9 1 shortly after, such removal and if the finding above is not sustained, 2 the child shall be immediately returned to the care and custody of the 3 birthing parent. The officer in charge of an institution or local 4 correctional facility may, upon proof being furnished by the [father] 5 non-birthing parent or other relatives of [their] such relatives' abili- 6 ty to properly care for and maintain such child, and with the express 7 written and oral consent of the birthing parent who gave birth to the 8 child within the previous eighteen months, give the child into the care 9 and custody of such [father] non-birthing parent or other relatives, who 10 shall thereafter maintain the same at their own expense. If it shall 11 appear that such [father] non-birthing parent or other relatives are 12 unable to properly care for and maintain such child, such officer shall 13 place the child in the care of the commissioner of public welfare or 14 other officer or board exercising in relation to children the power of a 15 commissioner of public welfare of the county from which such [incarcer- 16 ated individual] birthing parent was committed as a charge upon such 17 county. The officer in charge of the correctional institution shall send 18 to such commissioner, officer or board a report of all information 19 available in regard to the [mother] birthing parent and the child. Such 20 commissioner of public welfare or other officer or board shall care for 21 or place out such child as provided by law in the case of a child becom- 22 ing dependent upon the county. 23 [3. If any woman, committed to any such correctional institution at 24 the time of such commitment is the mother of a nursing child in her care 25 under one year of age, such child may accompany her to such institution 26 if she is physically fit to have the care of such child, subject to the 27 provisions of subdivision two of this section. If any woman committed to 28 any such institution at the time of such commitment is the mother of and 29 has under her exclusive care a child more than one year of age the 30 justice or magistrate committing such woman shall refer such child to 31 the commissioner of public welfare or other officer or board exercising 32 in relation to children the power of a commissioner of public welfare of 33 the county from which the woman is committed to be cared for as provided 34 by law in the case of a child becoming dependent upon the county. 35 4.] 5. The birthing parent and their child in the nursery of the 36 correctional institution or local correctional facility shall be enti- 37 tled to the following rights and conditions: 38 (a) Separation or the threat of separation of a birthing parent who is 39 caring for their child in the nursery of the institution or local 40 correctional facility shall never be used as a disciplinary tool or 41 sanction. 42 (b) No person shall care for the child without the express permission 43 of the birthing parent. 44 (c) Birthing parents who are caring for their child in the nursery 45 while incarcerated shall have quiet and private sleeping spaces until 46 their child is weaned or such child consistently sleeps through the 47 night, whichever occurs later. 48 (d) Birthing parents who are caring for their child in the nursery of 49 the institution or local correctional facility shall have timely consul- 50 tations with pediatricians, including in-person consultations. These 51 appointments shall be conducted after birth, at one month, two months, 52 four months, six months, nine months, one year, fifteen months, eighteen 53 months, and twenty-four months, according to the American academy of 54 pediatrics. 55 (e) Birthing parents who are caring for their child in the nursery of 56 the institution or local correctional facility shall be provided with
S. 4583 10 1 appropriate over-the-counter medications for their child, regardless of 2 whether the birthing parent has consulted with a pediatrician. 3 (f) Birthing parents who have given birth within the previous eighteen 4 months shall be provided with counseling regarding all options open to 5 them, including all rights under this section to postpartum care, to 6 maintain the care and custody of their child while incarcerated, all 7 rights of such child to receive pediatric care and a safe, nurturing and 8 developmentally appropriate environment, and alternative care arrange- 9 ments for their child. 10 (g) Under no circumstances shall a birthing parent who has given birth 11 within the prior eighteen months and who is caring for their child while 12 incarcerated be subjected to isolation or segregated confinement, used 13 as a disciplinary tool or sanction, with or without their child. 14 6. Children born to birthing parents and who are cared for in the 15 nursery of the institution or local correctional facility shall have the 16 right to the following: 17 (a) in addition to the requirements of section 7651.17 of title 9 of 18 the codes, rules and regulations of the state of New York, appropriate 19 pediatric care, including all necessary medical and developmental test- 20 ing, as recommended by the American academy of pediatrics; 21 (b) an appointment for such child with a physician, physician assist- 22 ant, or nurse practitioner who is certified by a national certifying 23 board to provide pediatric care at the next medically appropriate point 24 after leaving the hospital in which the child was born, along with 25 appointments with such a practitioner at regular intervals as recom- 26 mended by the American academy of pediatrics and timely access to pedia- 27 tric specialists as recommended by such a practitioner. Such appoint- 28 ments shall be conducted after birth, one month, two months, four 29 months, six months, nine months, one year, fifteen months, eighteen 30 months, and twenty-four months; 31 (c) emergency access to a physician, physician assistant, or nurse 32 practitioner who is certified by a national certifying board to provide 33 pediatric care twenty-four hours per day, seven days per week. Such 34 emergency access shall include medical care for infants within two hours 35 of infant distress. A telehealth option shall be available when neces- 36 sary as a last resort; 37 (d) access to all relevant features of early intervention or other 38 special medical or developmental services when needed as determined by 39 an assessment, via experts within or outside the facility as stated in 40 article twenty-five of the public health law; 41 (e) a clean, safe and nurturing environment for children, which 42 includes safe and appropriate sleeping arrangements that reduce the risk 43 of sudden infant death syndrome, safe and appropriate playing, eating, 44 and bathing spaces, adequate hygiene and personal care supplies, 45 adequate over-the-counter medication for common conditions such as 46 colds, teething pain, and diaper rash, and daily access to natural 47 light, quiet, and music; 48 (f) access to nonprescription pediatric medications, creams, oint- 49 ments, and sprays approved by the United States Food and Drug Adminis- 50 tration upon the birthing parent's request; 51 (g) full opportunity to bond with such child's birthing parents, 52 including consistent and extensive physical skin-to-skin contact from 53 the moment of birth; 54 (h) healthy nutrition, including breastfeeding or breast milk that has 55 been pumped, stored and warmed, if such birthing parent so chooses;
S. 4583 11 1 (i) adequate quantities of age-appropriate diapers, baby clothes, baby 2 blankets, burp cloths, bibs, baby bathing equipment, and developmentally 3 appropriate toys; 4 (j) a safe place separated from the general incarcerated population; 5 (k) reasonable visiting hours from family and friends, subject to the 6 consent of the birthing parent; and 7 (l) time outdoors with their birthing parent for at least one hour per 8 day. 9 7. Upon admitting a [woman] person known to be pregnant, or upon 10 learning of pregnancy status, the chief medical officer of each institu- 11 tion or local correctional facility housing [female incarcerated indi- 12 viduals] birthing parents, including the medical professional responsi- 13 ble for each local correctional facility housing [female incarcerated 14 individuals] birthing parents, or such officer or professional's desig- 15 nee, shall immediately inform such [woman] birthing parent of [the 16 option of participating in] their right to comprehensive pregnancy coun- 17 seling services and the right to abortion services. 18 8. Enforcement. (a) The department or the commission shall promulgate 19 rules and regulations necessary for the implementation of this section 20 within one hundred eighty days of the effective date of this subdivi- 21 sion. 22 (b) If a birthing parent claims that either they or the child in their 23 care have suffered as a result of conduct prohibited under this section 24 or have been denied the rights provided in this section, the provisions 25 of this section shall be enforceable by a proceeding brought pursuant to 26 article seventy-eight of the civil practice law and rules. 27 § 3. Subdivision 33 of section 2 of the correction law, as added by 28 chapter 93 of the laws of 2021, is amended to read as follows: 29 33. "Special populations" means any person: (a) twenty-one years of 30 age or younger; (b) fifty-five years of age or older; (c) with a disa- 31 bility as defined in paragraph (a) of subdivision twenty-one of section 32 two hundred ninety-two of the executive law; or (d) who is pregnant, in 33 the first [eight weeks] twelve weeks of the [post-partum] postpartum 34 recovery period after giving birth, or caring for a child in a correc- 35 tional institution pursuant to [subdivisions two or three of] section 36 six hundred eleven of this chapter. 37 § 4. Severability. If any word, phrase, clause, sentence, paragraph, 38 section, or part of this act shall be adjudged by any court of competent 39 jurisdiction to be invalid, such judgment shall not affect, impair, or 40 invalidate the remainder thereof, but shall be confined in its operation 41 to the word, phrase, clause, sentence, paragraph, section, or part ther- 42 eof directly involved in the controversy in which such judgment shall 43 have been rendered. 44 § 5. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law.