What's happening
This bill creates a presumption against placing pregnant inmates in segregated or restricted confinement, except in exceptional safety cases.
Why it matters
Prioritizes the health and well-being of pregnant inmates. by making it much harder for prisons to use solitary or restrictive confinement, which has been linked to negative physical and mental health outcomes for pregnant people and their babies.
Raises the threshold for isolating pregnant inmates. prisons must now show “exceptional circumstances” and a real safety risk, making it less likely that segregation will be used for minor infractions or routine discipline.
Reflects a broader trend in criminal justice reform. focusing on humane treatment and the specific needs of vulnerable populations, signaling increased attention to reproductive and maternal health in correctional settings.
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Who cares
Headline styles
Protect Pregnant Inmates' Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2515
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to pregnant inmates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 6 of section 137 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows:
Except as provided in paragraphs (d) [and], (e) and (g) of this subdivision, the superintendent of a correctional facility may keep any inmate confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility, for such period as may be necessary for maintenance of order or discipline, but in any such case the following conditions shall be observed:
§ 2. Subdivision 6 of section 137 of the correction law is amended by adding a new paragraph (g) to read as follows:
(g) For an inmate known by the department to be pregnant, there shall be a presumption against placement in segregated confinement or other restricted confinement unless there are exceptional circumstances which would create an unacceptable risk to the safety and security of other inmates or staff.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00269-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to pregnant inmates
Purpose
To reduce the instances in which a pregnant inmate is placed in segregated confinement or other restrictive confinement.
Summary of provisions
Section 1 adds paragraph (g) to the list of exceptions to segregated confinement.
Section 2 adds paragraph (g) to section 137 of the correction law, creating a presumption against placement of a pregnant inmate in segregated confinement or other restricted confinement unless there are exceptional circumstances that would create an unacceptable risk to the safety and security of other inmates or staff.
Section 3 states that this act will take effect immediately.
Justification
Under an interim settlement agreement in a federal civil rights law suit, Peoples v. Fischer, 11- CIV-2694 (SAS), the New York Department of Corrections and Community Supervision has agreed to have a presumption against placing a pregnant inmate in segregated confinement unless there are extraordinary circumstances. This bill seeks to codify that agreement.
Legislative history
2015-16: S.435 Referred to Crime Victims, Crime and Correction 2013-14: S.7461/A.10105 Referred to Crime Victims, Crime and Correction/Referred to Correction
Fiscal implications
None.
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.