NY Corr L § 611 (2021)
2021 New York Laws COR - Correction Article 22 - Miscellaneous Provisions 611 - Births to Incarcerated Individuals of Correctional Institutions and Care of Children of Incarcerated Individuals of Correctional Institutions.

§ 611. Births to incarcerated individuals of correctional institutions and  care  of  children  of  incarcerated  individuals  of  correctional institutions. 1. (a) If a woman confined in  any  institution  or  local correctional  facility  be  pregnant and about to give birth to a child, the superintendent or sheriff 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 the superintendent or sheriff or his or her designee may determine. No restraints of any kind shall be used during  transport  of such  woman,  a  woman  who  is  known  to  be  pregnant by correctional personnel or personnel providing medical services to the institution  or local  correctional  facility,  or  a  woman  within  eight  weeks after delivery or pregnancy outcome,  absent  extraordinary  circumstances  in which:   i.   the   superintendent  or  sheriff  or  his  or  her  designee  in consultation  with  the  medical  professional   responsible   for   the institution has made an individualized determination that restraints are necessary  to  prevent  such  woman  from injuring herself or medical or correctional personnel or others and cannot reasonably be restrained  by other means, including the use of additional personnel; or   ii.  the correctional personnel directly responsible for the transport of such a  woman  determine  that  an  emergency  has  arisen  in  which restraints  are  necessary  because the woman poses an immediate risk of serious injury to herself or medical or correctional personnel or others and cannot reasonably be restrained by other means.  (b) If a determination has been made pursuant to subparagraph i or  ii of  paragraph  (a)  of this subdivision that extraordinary circumstances exist then restraints shall be limited to wrist restraints in  front  of the  body. The superintendent or sheriff or his or her designee pursuant to subparagraph i of paragraph (a) of this subdivision  or  correctional personnel   pursuant  to  subparagraph  ii  of  paragraph  (a)  of  this subdivision shall document in writing the facts upon which  the  finding of extraordinary circumstances were based within five days of the use of such  restraints and shall also document the type of restraints used and the length of time such restraints were used.   * (c) 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, except that no correctional staff shall be present in the delivery room during the birth of  a  baby unless  requested  by  the medical staff supervising such delivery or by the woman giving birth. The superintendent or  sheriff  or  his  or  her designee  shall  cause  such  woman  to  be  subject  to  return to such institution or local correctional facility 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 local correctional facility, the expense of such accommodation, maintenance and medical care shall be paid by such  woman or  her  relatives or from any available funds of the 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 incarcerated  individual  was  committed  to  such  local   correctional facility. If such woman is confined in any institution under the control of  the  department,  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  incarcerated  individual 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 incarcerated  individual was legally confined, that the charges for such accommodations, maintenance and medical  care  were  necessary  and  are just, and that the institution has no available funds for such purpose.   * NB Effective until March 15, 2022   * (c)  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,  except  that  no  correctional staff  shall  be present in the delivery room during the birth of a baby unless requested by the medical staff supervising such  delivery  or  by the  woman  giving  birth. The woman shall be permitted to have at least one support person of her choosing accompany her in  the  delivery  room and  when  such  woman  is in labor and recovering after giving birth. A support  person  shall  not  need  to  have  visited  the  woman  at   a correctional facility prior to serving as a support person. A person may not  be  denied  eligibility  to serve as a support person solely on the basis of a past criminal conviction or that such person is on probation, conditional release, parole or post release supervision. Any decision by an agency to deny a woman's request to have a specific person serve as a support person shall be made with reasons specified  in  writing  within five  days  of her request and promptly provided to the woman. A support person shall be notified immediately after such woman goes  into  labor, or immediately after a caesarean section or termination is scheduled. If available,  a  doula,  midwife  or other birthing support specialist may also assist during labor and  delivery  in  addition  to  at  least  one support person of the woman's choosing. Any woman confined in a state or local  correctional  facility  shall  receive  notice  in  writing  in a language and manner understandable to her about the requirements of this section upon her admission to such state or local correctional  facility and  again  when  she  is  known  to  be pregnant. The superintendent or sheriff shall publish notice of the  requirements  of  this  section  in prominent  locations  where medical care is provided. The superintendent or sheriff or his or her designee shall cause such woman to  be  subject to  return  to  such  institution or local correctional facility 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 local correctional  facility,  the expense  of  such  accommodation,  maintenance and medical care shall be paid by such woman or her relatives or from any available funds  of  the 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  incarcerated  individual was committed to such local  correctional  facility.  If  such  woman  is  confined   in   any institution  under  the  control  of the department, 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 incarcerated individual  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 incarcerated individual was  legally  confined, that  the  charges for such accommodations, maintenance and medical care were necessary and are just, and that the institution has  no  available funds for such purpose.   * NB Effective March 15, 2022  (d)  Any  woman  confined  in  an  institution  or  local correctional facility shall receive notice  in  writing  in  a  language  and  manner understandable  to  her  about the requirements of this section upon her admission to an institution or local  correctional  facility  and  again when  she  is  known to be pregnant. The superintendent or sheriff shall publish  notice  of  the  requirements  of  this  section  in  prominent locations where medical care is provided. The department and the sheriff shall  provide  annual  training  on  provisions  of this section to all correctional  personnel  who  are  involved   in   the   transportation, supervision or medical care of incarcerated women.  (e)  The  department  shall  report  annually  to  the  governor,  the temporary president of the senate, the minority leader  of  the  senate, the  speaker  of  the assembly, the minority leader of the assembly, the chairperson of the senate crime victims, crime and correction  committee and  the  chairperson  of  the  assembly correction committee concerning every use of restraints on a woman under  this  section,  including  the reason  such  restraint  was  used,  the  type of restraint used and the length of time such restraint was used pursuant to paragraph (b) of this subdivision, but shall exclude individual identifying  information.  The sheriff  of each county shall report, in a form and manner prescribed by the commission, every use of restraints on a woman under  this  section, including the reason such restraint was used, the type of restraint used and the length of time such restraint was used pursuant to paragraph (b) of  this  subdivision,  annually to the commission. The commission shall include such information  in  its  annual  report  pursuant  to  section forty-five  of  this  chapter, but shall exclude identifying information from such report. Reports required by this section shall  be  posted  on the websites maintained by the department and the commission.   * 2.  A  child  so  born  may  be  returned  with  its  mother  to the correctional institution in which the  mother  is  confined  unless  the chief medical officer of the correctional institution shall certify that the  mother is physically unfit to care for the child, in which case the statement of the said medical officer shall be final. A child may remain in the correctional institution with its mother for such period as seems desirable for the welfare of such child, but not after it is one year of age, provided, however, if the mother is in a state reformatory  and  is to  be  paroled  shortly  after  the child becomes one year of age, such child may remain at the state reformatory until its mother  is  paroled, but  in  no  case after the child is eighteen months old. The officer in charge of such institution may cause a child cared for therein with  its mother  to  be removed from the institution at any time before the child is one year of age. He shall make provision for a child removed from the institution without its mother or a child born to a  woman  incarcerated individual  who  is  not  returned to the institution with its mother as hereinafter provided. He may, upon proof being furnished by  the  father or  other  relatives  of their ability to properly care for and maintain such child, give the child into the care and custody of such  father  or other  relatives,  who  shall  thereafter maintain the same at their own expense. If it shall appear that such  father  or  other  relatives  are  unable  to properly care for and maintain such child, such officer shall place the child in the care of the commissioner  of  public  welfare  or other officer or board exercising in relation to children the power of a commissioner   of   public   welfare  of  the  county  from  which  such incarcerated individual was committed as a charge upon such county.  The officer  in  charge  of  the correctional institution shall send to such commissioner, officer or board a report of all information available  in regard  to the mother and the child. Such commissioner of public welfare or other officer or board shall care for or  place  out  such  child  as provided  by  law  in  the  case  of a child becoming dependent upon the county.   * NB Effective until March 15, 2022   * 2. A  child  so  born  may  be  returned  with  its  mother  to  the correctional  institution  in  which  the  mother is confined unless the chief medical officer of the correctional institution shall certify that the mother is physically unfit to care for the child, in which case  the statement of the said medical officer shall be final. A child may remain in the correctional institution with its mother for such period as seems desirable for the welfare of such child, but not after it is one year of age,  provided,  however, if the mother is in a state reformatory and is to be paroled shortly after the child becomes  one  year  of  age,  such child  may  remain at the state reformatory until its mother is paroled, but in no case after the child is eighteen months  old.  If  a  pregnant woman  or  mother  of  a  child  under  the  age  of  eighteen months is incarcerated at a state or local correctional facility,  the  department shall  inform  her of her ability to apply to any nursery program run by the department and the locality. Any woman confined in a state or  local correctional  facility shall receive notice in writing in a language and manner understandable to her about the requirements of this section upon her admission to a state or local correctional facility and  again  when she is known to be pregnant. The superintendent or sheriff shall publish notice  of the requirements of this section in prominent locations where medical care is provided. The officer in charge of such institution  may cause  a  child cared for therein with its mother to be removed from the institution at any time before the child is one year of age. He  or  she shall  make  provision  for a child removed from the institution without its mother or a child born to a woman incarcerated individual who is not returned to the institution with its mother as hereinafter provided.  He or  she may, upon proof being furnished by the father or other relatives of their ability to properly care for and maintain such child, give  the child  into  the care and custody of such father or other relatives, who shall thereafter maintain the same at their own  expense.  If  it  shall appear  that  such father or other relatives are unable to properly care for and maintain such child, such officer shall place the child  in  the care  of  the  commissioner  of public welfare or other officer or board exercising in relation to children the power of a commissioner of public welfare of the  county  from  which  such  incarcerated  individual  was committed  as  a  charge  upon such county. The officer in charge of the correctional institution shall send to  such  commissioner,  officer  or board  a report of all information available in regard to the mother and the child. Such commissioner of public welfare or other officer or board shall care for or place out such child as provided by law in the case of a child becoming dependent upon the county.   * NB Effective March 15, 2022   3. If any woman, committed to any such correctional institution at the time of such commitment is the mother of a nursing  child  in  her  care under  one year of age, such child may accompany her to such institution if she is physically fit to have the care of such child, subject to  the  provisions of subdivision two of this section. If any woman committed to any such institution at the time of such commitment is the mother of and has  under  her  exclusive  care  a  child more than one year of age the justice  or  magistrate  committing such woman shall refer such child to the commissioner of public welfare or other officer or board  exercising in relation to children the power of a commissioner of public welfare of the county from which the woman is committed to be cared for as provided by law in the case of a child becoming dependent upon the county.   * 4.  Upon admitting a woman known to be pregnant, or upon learning of pregnancy  status,  the  chief  medical  officer  of  each  correctional facility  housing  female  inmates,  including  the medical professional responsible for each local correctional facility housing female inmates, or such officer or professional's  designee,  shall  immediately  inform such  woman  of  the  option  of  participating  in pregnancy counseling services and the right to abortion services.   * NB Effective March 15, 2022