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History
- Referred to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the restraint of pregnant female prisoners during childbirth
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Velmanette Montgomery
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A9168
Title of bill
An act to amend the correction law, in relation to the restraint of pregnant female prisoners during childbirth
Purpose or general idea of bill
To correct provisions in chapter 411 of the laws of 2009 recently passed and signed by the governor that raised questions of safety for pregnant inmates. The law prohibits the use of mechanical restraints including handcuffs and shackles, on any pregnant female prisoner who is about to give birth during transport from a correctional facility to a medical facility or other accommodation for the purpose of delivering her child.
Summary of specific provisions
This bill amends section 1. subdivision 1 of section 611 of the Correction Law as amended by chapter 411 of the laws of 2009 to prohibit the use of restraints on female prisoners during transport to medical facility when about to give birth.
Justification
According to Amnesty International, New York State is still one of the many states that permit the shackling of pregnant inmates. In New City, a 1990 consent decree agreement ended the shack- ling of pregnant inmates. The use of mechanical restraints on a pregnant inmate constitutes a cruel and inhumane form of punishment and poses a serious risk to both the mother and her unborn child.
A 1999 press release from Amnesty International included a quote from a pregnant female prisoner in Cook County Chicago Illinois. She described how while in labor, her feet were shackled and, as a result, was unable to facilitate the birth of her baby. Ultimately, the officer had to be summoned to unlock the shackles before the baby could be born. Accord- ingly, this bill is designed to ensure the protection of pregnant pris- oners and their unborn child.
Prior legislative history
Chapter 411 of the laws of 2009. 2006-2008 A4105 2005-2006 A3804 2003-2004 A.5134 2001-2002 A.3292 2000 A.I0807
Fiscal implications
No fiscal implications to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.