Relates to the restraint of pregnant female prisoners during childbirth

Title of bill

An act to amend the correction law, in relation to the restraint of pregnant female prisoners during childbirth; and to amend a chapter of the laws of 2015 amending the correction law relating to the restraint of female prisoners during childbirth, as proposed in legislative bills numbers A.6430-A and S.983-A

Purpose

To strengthen the prohibition against shackling women prisoners during labor.

Summary of provisions

Section 1 amends Correction Law § 611 to clarify the exception to the rule against shackling women in labor and to expand the anti-shackling law to include any pregnant woman or woman during a postpartum period of 8 weeks.

Section 2 provides an effective date.

Justification

In 2009 the State Legislature amended section 611 of the correction law to specify that women prison and jail inmates who are in labor cannot be shackled during transport to the place where they will give birth or during labor, delivery and recovery absent extraordinary circumstances. In spite of this legislation, incarcerated women are still sometimes being shackled illegally during transport, labor and delivery. The intention of this bill is to strengthen and expand the prohibition and to limit the kind of restraint that may be used on an inmate who falls into the extraordinary circumstances exception to wrist restraints in front of the body and to require preapproval of the use of restraints by the superintendent of a prison or a county sheriff except in case of an emergency where the need to restrain a pregnant woman arises during transport. The bill also requires an annual report to the legislature and/or the Commission of Correction about the circumstances under which women are shackled pursuant to the extraordinary circumstances exception.

Fiscal implications

none

Local fiscal implications

none

Effective date

This act shall take effect immediately; provided, however, that section one of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2015 amending the correction law relating to the restraint of pregnant female prisoners during childbirth, as proposed in legislative bills numbers A. 6430-A and S. 983-A, takes effect.