Bill Text: NY A07630 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents of children and their children.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Introduced) 2024-05-30 - reported referred to codes [A07630 Detail]

Download: New_York-2023-A07630-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7630

                               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 promoting the health,
          safety,  and human rights of incarcerated pregnant individuals, incar-
          cerated birthing parents of children and their children; and to repeal
          section 611 of the correction law relating to births  to  incarcerated
          individuals and care of children by incarcerated 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  Section 611 of the correction law is REPEALED  and  a  new
     2  section 611 is added to read as follows:
     3    §  611.  Pregnant  incarcerated  individuals. 1. Purpose and findings.
     4  Individuals confined in correctional  institutions  or  state  or  local
     5  correctional  facilities  face  unique health risks during pregnancy and
     6  childbirth, and lack of appropriate prenatal, obstetric  and  postpartum
     7  medical  care can result in serious harm to both the birthing parent and
     8  the child. The rights of pregnant individuals and their children may  be
     9  compromised  by the conditions of confinement and the policies and prac-
    10  tices of correctional institutions and facilities.
    11    2. Provisions regarding pregnant incarcerated individuals.  (a)  Preg-
    12  nant  incarcerated  individuals  shall  be  provided  with comprehensive
    13  prenatal care, including all necessary testing, and all necessary treat-
    14  ment, as recommended by the American College of Obstetricians and  Gyne-
    15  cologists,  the  American  Medical  Association, the American College of
    16  Nurse-Midwives, and the Association of  Women's  Health,  Obstetric  and
    17  Neonatal Nurses.
    18    (b) Pregnant incarcerated individuals shall be provided with appropri-
    19  ate  medical  care during labor and delivery, which shall include access
    20  to qualified medical  personnel  and  necessary  medical  equipment,  as
    21  recommended  by  the American College of Obstetricians and Gynecologists
    22  and in conformity with the standards set forth by the  American  Medical

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11258-01-3
        A. 7630                             2

     1  Association,  the  American Congress of Obstetricians and Gynecologists,
     2  and the American College of Nurse-Midwives.
     3    (c)  Pregnant  incarcerated  individuals shall be provided with opioid
     4  use disorder treatment and evidence-based treatment for other  substance
     5  use disorders as needed.
     6    (d)  Pregnant  incarcerated individuals shall be provided with psycho-
     7  logical and psychiatric  therapy  and  treatment  as  needed,  including
     8  consultation  regarding  psychiatric  medications  that  are safe during
     9  pregnancy.
    10    (e) Pregnant incarcerated individuals shall be provided with appropri-
    11  ate hydration and nutrition, in accordance with the guidelines set forth
    12  by the American Medical Association and the American College of  Obstet-
    13  ricians  and  Gynecologists.  Such hydration and nutrition shall include
    14  access to additional portions of food, fresh fruits and vegetables,  and
    15  to prenatal vitamins.
    16    (f)  Pregnant incarcerated individuals shall be provided with safe and
    17  appropriate housing and living conditions, including access to  adequate
    18  bedding, clothing, and personal hygiene supplies, in accordance with the
    19  guidelines  set forth by the American Medical Association and the Ameri-
    20  can College of Obstetricians and Gynecologists.
    21    (g) Pregnant incarcerated individuals shall be afforded privacy.
    22    (h) Pregnant incarcerated individuals shall be afforded regular access
    23  to safe and appropriate exercise facilities.
    24    (i)  Pregnant  incarcerated  individuals  shall  not  be  exposed   to
    25  substances  or chemicals that could present a risk of harm to the birth-
    26  ing parent or fetus.
    27    (j) Pregnant incarcerated individuals shall  be  afforded  safety  and
    28  protection  from  potential assaults from incarcerated people or correc-
    29  tional officers given their increased vulnerability.
    30    (k) Pregnant incarcerated individuals shall not be subjected  to  work
    31  requirements that could injure or harm them or their fetuses.
    32    (l) Pregnant incarcerated individuals shall be provided with access to
    33  counseling  regarding  all  options  open  to  them, including abortion,
    34  adoption, and giving birth, including all rights under this law to main-
    35  tain the care and custody of their children while incarcerated.    Preg-
    36  nant incarcerated individuals shall be provided telephonic, video, or in
    37  in-person  access to legal counsel of their choice regarding these deci-
    38  sions.
    39    3. Provisions regarding postpartum care. (a) Incarcerated  individuals
    40  shall  have access to appropriate medical care after delivery, including
    41  postpartum physical, mental, and reproductive health care, as determined
    42  by a licensed health care professional, as recommended by  the  American
    43  College of Obstetricians and Gynecologists.
    44    (b) Incarcerated individuals shall have access to appropriate clothing
    45  and  appropriate  hygiene  and  self-care  supplies  after  delivery, in
    46  accordance with the guidelines set forth by the American Medical Associ-
    47  ation and the American College of Obstetricians and Gynecologists.
    48    (c) Incarcerated birthing parents of children  shall  have  access  to
    49  sufficient hydration and nutrition to be able to nurse their children in
    50  accordance with the child's nutritional needs.
    51    (d)  Incarcerated  birthing  parents  of children shall have access to
    52  lactation consultants and to safe, private, quiet, and  hygienic  places
    53  to  nurse  their  children  at  all hours. Incarcerated birthing parents
    54  shall have the freedom to make the decision of whether  to  nurse  their
    55  child  and  when  to  wean their child based on the best interest of the
    56  child.
        A. 7630                             3

     1    (e) Incarcerated birthing parents  shall  have  access  to  reasonably
     2  quiet  and  private sleeping spaces until their child is weaned or their
     3  child consistently sleeps through the  night,  whichever  occurs  later.
     4  Incarcerated  birthing  parents shall be excused from roll call or other
     5  interruptions  if  necessary to allow for reasonable napping during such
     6  time period.
     7    (f) Incarcerated birthing parents of children  shall  have  access  to
     8  reasonable and appropriate opportunities for exercise.
     9    (g)  Incarcerated  birthing parents of children shall be provided with
    10  appropriate parenting, self-care, and health education, including educa-
    11  tion regarding mental and reproductive  health,  provided  by  nonprofit
    12  organizations.
    13    (h)  Incarcerated  birthing  parents  of children shall have access to
    14  appropriate peer and  social  support  of  other  incarcerated  birthing
    15  parents, whether in person, online, or via videoconference.
    16    (i)  Incarcerated  birthing  parents  of children shall have access to
    17  reasonable technology to take photos of their children and to share such
    18  photos with family and friends outside the correctional facility.
    19    4. Human rights of incarcerated pregnant individuals and  incarcerated
    20  birthing  parents  of  children.  (a) Segregated confinement of pregnant
    21  individuals and of individuals who have given birth within the  previous
    22  three months shall be strictly forbidden.
    23    (b)  Shackling  of pregnant individuals and individuals who have given
    24  birth within the previous three months shall be strictly forbidden.
    25    (c) Separation of an incarcerated birthing parent from their child, or
    26  threatened separation of a birthing parent from their child,  shall  not
    27  be used as a disciplinary tool or sanction.
    28    (d)  A  child  shall  not be removed from the care of its incarcerated
    29  birthing parent without the birthing parent's express consent unless the
    30  birthing parent is found to present a serious and immediate safety  risk
    31  to their child in violation of state child welfare law.
    32    (e) No person shall care for the child without the incarcerated birth-
    33  ing parent's express permission.
    34    (f)  Incarcerated  birthing  parents of children shall have reasonable
    35  rights to privacy, especially when nursing.
    36    (g) Incarcerated birthing parents of children shall be given  complete
    37  and  accurate  information regarding their legal rights and responsibil-
    38  ities vis-a-vis their children.
    39    5. Care of children born to  incarcerated  individuals.  (a)  Children
    40  born  to  incarcerated  individuals shall receive timely and appropriate
    41  pediatric care, including all necessary medical and developmental  test-
    42  ing,  as  recommended by the American College of Obstetricians and Gyne-
    43  cologists, and all necessary treatment, as recommended by  the  American
    44  Medical Association, the American Congress of Obstetricians and Gynecol-
    45  ogists,  and  the  Association of Women's Health, Obstetric and Neonatal
    46  Nurses. Incarcerated birthing parents  of  children  shall  have  timely
    47  access  to  consultation  with  pediatricians,  whether in-person or via
    48  videoconference or telephone.  Incarcerated birthing parents of children
    49  shall have timely access to appropriate over-the-counter medications for
    50  their children, regardless of whether the birthing parent has  consulted
    51  with a pediatrician.
    52    (b)  Children  in need of early intervention or other special medical,
    53  developmental or educational services shall  be  given  full  access  to
    54  care, via experts within or outside the facility.
    55    (c)  Children born to incarcerated individuals shall be, at all times,
    56  in a clean, safe and nurturing environment for children, which  includes
        A. 7630                             4

     1  safe  and  appropriate sleeping arrangements, safe and appropriate play-
     2  ing, eating, and bathing spaces, and adequate hygiene supplies.
     3    (d)  Children  born to incarcerated individuals shall be provided with
     4  full opportunity to bond with their birthing parents, including consist-
     5  ent and extensive physical contact and consistent nursing.
     6    (e) Children born to incarcerated individuals shall be  provided  with
     7  healthy nutrition, including, if the child's birthing parent so chooses,
     8  breast  milk  that  has  been pumped, stored, and warmed by the birthing
     9  parent in a safe and hygienic location. Children  born  to  incarcerated
    10  individuals  shall  have  access  to  such  breast milk, if the birthing
    11  parent so chooses, regardless of whether  the  child  remains  with  the
    12  birthing parent in the institution or facility.
    13    (f)  Children  born to incarcerated individuals shall be provided with
    14  safe and appropriate clothing and age-appropriate toys and books.
    15    (g) Children born to incarcerated individuals shall be protected  from
    16  violence or recklessness from guards or incarcerated individuals.
    17    (h)  Children  born  to  incarcerated  individuals  shall  be afforded
    18  reasonable visiting hours from family and friends, subject to the birth-
    19  ing parent's consent.
    20    (i) Children  born  to  incarcerated  individuals  shall  be  afforded
    21  reasonable time outdoors with their birthing parents.
    22    6.  Enforcement.  The department shall issue uniform minimum standards
    23  regarding procedures and the implementation of this section  within  one
    24  hundred eighty days of the effective date of this section.
    25    § 2.  This act shall take effect immediately.