Bill Text: NY A07585 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the conditional release of pregnant and postpartum individuals from incarceration; prohibits the incarceration of pregnant and postpartum individuals.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-01-03 - referred to correction [A07585 Detail]

Download: New_York-2023-A07585-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7585

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on Correction

        AN ACT to amend the correction law, in relation to requiring conditional
          release  of  pregnant  and  postpartum individuals and prohibiting the
          incarceration of pregnant and postpartum individuals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 611 of the correction law is amended by adding two
     2  new subdivisions 5 and 6 to read as follows:
     3    5. Notwithstanding any other provision of this section to the  contra-
     4  ry:
     5    (a) In the furtherance of public interest and the welfare of children,
     6  the commissioner shall release:
     7    i.  for up to one year postpartum, an individual who gave birth within
     8  nine months of the date of commitment; and
     9    ii. for the duration of the pregnancy and up to one  year  postpartum,
    10  an incarcerated individual who is pregnant.
    11    (b) The commissioner shall conditionally release an incarcerated indi-
    12  vidual  under  paragraph  (a)  of  this  subdivision  to community-based
    13  programming for the purpose of participation in  prenatal  or  postnatal
    14  care  programming  and to promote birthing parent-child bonding in addi-
    15  tion to other programming requirements as established by the commission-
    16  er, including: evidence-based parenting skills programming;  working  at
    17  paid  employment;  seeking  employment;  or  participating in vocational
    18  training, an educational program, domestic violence  recovery  services,
    19  or chemical dependency or mental health treatment services.
    20    (c) The department shall develop policy and criteria to implement this
    21  subdivision.
    22    (d)  By April first of each year, the commissioner shall report to the
    23  chairs and ranking minority members of the committees of the senate  and
    24  assembly  with  jurisdiction over corrections and with jurisdiction over

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11255-01-3
        A. 7585                             2

     1  issues concerning women and children regarding the number of individuals
     2  released and the duration of the release pursuant  to  this  subdivision
     3  for the prior calendar year.
     4    6.  Notwithstanding any other provision of this section to the contra-
     5  ry:
     6    (a) In the furtherance of public interest and the welfare of children,
     7  the commissioner shall prohibit the incarceration of:
     8    i. for up to one year postpartum, an individual who gave birth  within
     9  nine months of the date of commitment; and
    10    ii.  for  the duration of the pregnancy and up to one year postpartum,
    11  an individual who is pregnant who would be subject to incarceration were
    12  she not pregnant or postpartum.
    13    (b) The commissioner shall commit an individual under paragraph (a) of
    14  this subdivision to  community-based  programming  for  the  purpose  of
    15  participation  in  prenatal or postnatal care programming and to promote
    16  birthing parent-child bonding in addition to other programming  require-
    17  ments  as  established  by the commissioner, including:   evidence-based
    18  parenting  skills  programming;  working  at  paid  employment;  seeking
    19  employment;  or  participating  in  vocational  training, an educational
    20  program, domestic violence recovery services, or chemical dependency  or
    21  mental health treatment services.
    22    (c) The department shall develop policy and criteria to implement this
    23  subdivision.
    24    (d)  By April first of each year, the commissioner shall report to the
    25  chairs and ranking minority members of the committees of the senate  and
    26  assembly  with  jurisdiction over corrections and with jurisdiction over
    27  issues concerning women and children the number of individuals committed
    28  to community-based programming under this subdivision and  the  duration
    29  of  the community-based programming under this subdivision for the prior
    30  calendar year.
    31    § 2. This act shall take effect immediately.