Bill Text: NY A03483 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the provision of breast pumps and related collection and storage materials to all mothers who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such mothers, but not beyond the date such child reaches twenty-four months of age except in limited circumstances related to parole; allows children to remain with their mothers in a correctional institution until twenty-four months of age, or longer in certain cases related to parole; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated mothers.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2024-01-03 - referred to correction [A03483 Detail]

Download: New_York-2023-A03483-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3483

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

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

        AN  ACT  to  amend  the  correction law, in relation to providing breast
          pumps to certain incarcerated nursing birth parents

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

     1    Section  1.  Subdivisions  1,  2,  3,  and  4  of  section  611 of the
     2  correction law, subdivision 1 as amended by chapter 17 of  the  laws  of
     3  2016,  paragraph  (c)  of  subdivision 1 and subdivision 2 as separately
     4  amended by chapters 322 and 621 of the laws of 2021,  subdivision  3  as
     5  amended by chapter 242 of the laws of 1930, and subdivision 4 as amended
     6  by chapter 486 of the laws of 2022, are amended to read as follows:
     7    1.  (a)  If  a  [woman]  person  confined  in any institution or local
     8  correctional facility be pregnant and about to give birth  to  a  child,
     9  the superintendent or sheriff in charge of such institution or facility,
    10  a  reasonable  time  before  the  anticipated birth of such child, shall
    11  cause such [woman] person to be removed from such institution or facili-
    12  ty and provided with comfortable accommodations, maintenance and medical
    13  care elsewhere, under such supervision and safeguards to  prevent  [her]
    14  their  escape  from  custody as the superintendent or sheriff or [his or
    15  her] their designee may determine. No restraints of any  kind  shall  be
    16  used  [during transport of] on such [woman] person, a [woman] person who
    17  is known to be pregnant by correctional personnel or personnel providing
    18  medical services to the institution or local correctional facility, or a
    19  [woman] person within eight weeks after delivery or  pregnancy  outcome,
    20  absent extraordinary circumstances in which, during transport:
    21    i.  the  superintendent  or  sheriff or [his or her] their designee in
    22  consultation with the medical professional responsible for the  institu-
    23  tion has made an individualized determination that restraints are neces-
    24  sary  to  prevent such [woman] person from injuring [herself] themselves

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01366-03-3
        A. 3483                             2

     1  or medical or correctional personnel or others and cannot reasonably  be
     2  restrained by other means, including the use of additional personnel; or
     3    ii.  the correctional personnel directly responsible for the transport
     4  of such [a woman] person determine that an emergency has arisen in which
     5  restraints are necessary because the [woman] person poses  an  immediate
     6  risk of serious injury to [herself] themselves or medical or correction-
     7  al  personnel  or  others  and  cannot reasonably be restrained by other
     8  means.
     9    (b) If a determination has been made pursuant to subparagraph i or  ii
    10  of  paragraph  (a)  of this subdivision that extraordinary circumstances
    11  exist then restraints shall be limited to wrist restraints in  front  of
    12  the  body.  The superintendent or sheriff or [his or her] their designee
    13  pursuant to subparagraph i of  paragraph  (a)  of  this  subdivision  or
    14  correctional  personnel  pursuant to subparagraph ii of paragraph (a) of
    15  this subdivision shall document in writing  the  facts  upon  which  the
    16  finding  of  extraordinary  circumstances were based within five days of
    17  the use  of  such  restraints  and  shall  also  document  the  type  of
    18  restraints used and the length of time such restraints were used.
    19    (c)  i.  No  restraints  of  any  kind shall be used when such [woman]
    20  person is in labor, admitted to a hospital[,  institution]  or  [clinic]
    21  medical  facility  for  delivery,  or recovering after giving birth. Any
    22  such personnel as may be  necessary  to  supervise  the  [woman]  person
    23  during  transport  to and from and during [her] their stay at the hospi-
    24  tal[, institution] or [clinic] medical facility  shall  be  provided  to
    25  ensure  adequate care[,] and custody [and control] of the [woman, except
    26  that no] person.
    27    ii. No correctional staff shall be  present  [in  the  delivery  room]
    28  during the birth of a baby or during counseling and medical care related
    29  to  the pregnancy and all pregnancy outcomes including abortion, miscar-
    30  riage, and stillbirth unless requested by the medical  staff  [supervis-
    31  ing]  providing  such  [delivery]  care  or  by the [woman giving birth]
    32  person receiving such care.  [The woman] A person who is pregnant and in
    33  custody of an  institution  or  local  correctional  facility  shall  be
    34  permitted  to  have  at least one support person of [her] their choosing
    35  accompany [her in the delivery room and when such woman is in labor  and
    36  recovering  after  giving  birth] them to a hospital or medical facility
    37  for labor, birth, and counseling and medical care related  to  pregnancy
    38  and  all  pregnancy  outcomes including abortion, miscarriage and still-
    39  birth and shall be permitted to remain with such support person for  the
    40  duration  of  their  stay in the hospital or medical facility subject to
    41  the visiting rules of  that  hospital  or  medical  facility.  [A]  Such
    42  support  person  shall  not need to have visited the [woman] person they
    43  are supporting at [a] an  institution  or  local  correctional  facility
    44  prior  to serving as a support person[.  A person] and may not be denied
    45  eligibility to serve as a support person solely on the basis of  a  past
    46  criminal  conviction or that such support person is on probation, condi-
    47  tional release, parole or post release supervision. Any decision  by  an
    48  [agency]  institution or local correctional facility to deny a [woman's]
    49  request [to have] for a specific support  person  [serve  as  a  support
    50  person] shall be made with reasons specified in writing within five days
    51  of  [her] the request and promptly provided to the [woman] person making
    52  the request. [A] Such support person shall be notified immediately after
    53  [such woman] the person they are supporting goes into labor,  [or  imme-
    54  diately after a] is scheduled for labor induction or a caesarean section
    55  [or  termination],  is identified as having a miscarriage or stillbirth,
    56  or is scheduled for medical care for any  pregnancy  outcome,  including
        A. 3483                             3

     1  abortion,  miscarriage, and stillbirth. If available, a doula[, midwife]
     2  or other birthing support specialist may also assist during labor [and],
     3  delivery [in addition to at least one  support  person  of  the  woman's
     4  choosing.  Any  woman confined in a state or local correctional facility
     5  shall receive notice in writing in a language and manner  understandable
     6  to her about the requirements of this section upon her admission to such
     7  state  or  local correctional facility and again when she is known to be
     8  pregnant. The superintendent or sheriff  shall  publish  notice  of  the
     9  requirements  of  this section in prominent locations where medical care
    10  is provided], post-partum recovery, and  during  medical  care  for  and
    11  recovery  from  any  other pregnancy outcome including abortion, miscar-
    12  riage and stillbirth. The superintendent or  sheriff  or  [his  or  her]
    13  their  designee  shall cause such [woman] person to be subject to return
    14  to such institution or local correctional facility  as  soon  after  the
    15  birth  of  [her]  their  child  as  the state of [her] their health will
    16  permit as determined by the medical  professional  responsible  for  the
    17  care  of  such  [woman]  person.   [If such woman is confined in a local
    18  correctional facility, the expense of  such  accommodation,  maintenance
    19  and  medical  care  shall be paid by such woman or her relatives or from
    20  any available funds of the local correctional facility and if not avail-
    21  able from such sources, shall be a charge upon the county, city or  town
    22  in  which  is  located the court from which such incarcerated individual
    23  was committed to such local correctional  facility.  If  such  woman  is
    24  confined  in  any  institution  under the control of the department, the
    25  expense of such accommodation, maintenance and  medical  care  shall  be
    26  paid  by  such  woman  or  her  relatives and if not available from such
    27  sources, such maintenance and medical care shall be paid by  the  state.
    28  In  cases  where payment of such accommodations, maintenance and medical
    29  care is assumed by the county, city or town from which such incarcerated
    30  individual was committed the payor shall make payment by issuing payment
    31  instrument in favor of the  agency  or  individual  that  provided  such
    32  accommodations  and  services,  after certification has been made by the
    33  head of the institution to which the incarcerated individual was legally
    34  confined, that the charges  for  such  accommodations,  maintenance  and
    35  medical  care  were necessary and are just, and that the institution has
    36  no available funds for such purpose.]
    37    (d) [Any woman confined in an institution or local correctional facil-
    38  ity shall receive notice in writing in a language and manner understand-
    39  able to her about the requirements of this section upon her admission to
    40  an institution or local correctional facility  and  again  when  she  is
    41  known to be pregnant. The superintendent or sheriff shall publish notice
    42  of the requirements of this section in prominent locations where medical
    43  care  is  provided.  The department and the sheriff shall provide annual
    44  training on provisions of this section to all correctional personnel who
    45  are involved in the  transportation,  supervision  or  medical  care  of
    46  incarcerated women.
    47    (e)]  The department shall report annually to the governor, the tempo-
    48  rary president of the senate, the minority leader  of  the  senate,  the
    49  speaker of the assembly, the minority leader of the assembly, the chair-
    50  person  of  the senate crime victims, crime and correction committee and
    51  the chairperson of the assembly correction  committee  concerning  every
    52  use  of restraints on a [woman] person under this section, including the
    53  reason such restraint was used, the  type  of  restraint  used  and  the
    54  length of time such restraint was used pursuant to paragraph (b) of this
    55  subdivision,  but  shall exclude individual identifying information. The
    56  sheriff of each county shall report, in a form and manner prescribed  by
        A. 3483                             4

     1  the  commission,  every use of restraints on a [woman] person under this
     2  section, including the reason such  restraint  was  used,  the  type  of
     3  restraint  used  and the length of time such restraint was used pursuant
     4  to  paragraph  (b)  of this subdivision, annually to the commission. The
     5  commission shall include such information in its annual report  pursuant
     6  to  section  forty-five  of  this chapter, but shall exclude identifying
     7  information from such report. Reports required by this section shall  be
     8  posted on the websites maintained by the department and the commission.
     9    2.  (a) A child so born may be returned with its [mother] birth parent
    10  to the [correctional] institution [in which the mother is  confined]  or
    11  local  correctional  facility  unless  the  chief medical officer of the
    12  [correctional] institution or local correctional facility shall  certify
    13  that  [the  mother]  such  parent  is physically unfit to care for [the]
    14  their child, in which case the statement of  the  said  medical  officer
    15  shall  be final. A child may remain in the [correctional] institution or
    16  local correctional facility with its [mother] parent for such period  as
    17  seems  desirable for the welfare of such child, but not after it is [one
    18  year] twenty-four months of age, provided, however, if the [mother is in
    19  a state reformatory and] parent is  to  be  [paroled]  released  shortly
    20  after the child becomes [one year] twenty-four months of age, such child
    21  may  remain at the [state reformatory] institution or local correctional
    22  facility until its [mother] parent is [paroled] released, but in no case
    23  after the child is [eighteen] thirty months old. If a  pregnant  [woman]
    24  person  or  [mother] the birth parent of a child under the age of [eigh-
    25  teen] thirty months is incarcerated at [a state] an institution or local
    26  correctional facility, the department shall inform [her] such person  of
    27  [her]  their  ability to apply to any nursery program run by the depart-
    28  ment [and] or the locality. [Any woman confined  in  a  state  or  local
    29  correctional  facility shall receive notice in writing in a language and
    30  manner understandable to her about the requirements of this section upon
    31  her admission to a state or local correctional facility and  again  when
    32  she is known to be pregnant. The superintendent or sheriff shall publish
    33  notice  of the requirements of this section in prominent locations where
    34  medical care is provided.]
    35    (b) The officer in charge of [such] an institution  or  local  correc-
    36  tional  facility  may  cause a child cared for therein with its [mother]
    37  birth parent to be removed from the institution  or  local  correctional
    38  facility  at  any time before the child is [one year] twenty-four months
    39  of age if, consistent with paragraph (a) of this subdivision, the  offi-
    40  cer  finds that the child's parent is physically unfit to care for their
    41  child or if remaining in the institution or local correctional  facility
    42  is  no  longer  desirable for the welfare of the child. [He or she shall
    43  make provision for a child removed  from  the  institution  without  its
    44  mother  or  a  child  born to a woman incarcerated individual who is not
    45  returned to the institution with its mother as hereinafter provided.  He
    46  or  she]  Such  officer  may, upon proof being furnished by the [father]
    47  other parent or [other] relatives of their ability to properly care  for
    48  and  maintain  such  child,  give the child into the care and custody of
    49  such [father] other parent or [other] relatives,  who  shall  thereafter
    50  maintain  the  same  at  their own expense. If it shall appear that such
    51  [father] other parent or [other] relatives are unable to  properly  care
    52  for  and  maintain such child, such officer shall place the child in the
    53  care of the commissioner of public welfare or  other  officer  or  board
    54  exercising in relation to children the power of a commissioner of public
    55  welfare  of  the county from which such incarcerated [individual] parent
    56  was committed as a charge upon  such  county.  [The]  Such  officer  [in
        A. 3483                             5

     1  charge of the correctional institution] shall send to such commissioner,
     2  officer  or board a report of all information available in regard to the
     3  [mother] incarcerated parent and [the] their  child.  Such  commissioner
     4  [of  public  welfare or other], officer or board shall care for or place
     5  out such child as provided by law  in  the  case  of  a  child  becoming
     6  dependent upon the county.
     7    3.  If  any [woman,] birth parent committed to [any such correctional]
     8  an institution or local  correctional  facility  at  the  time  of  such
     9  commitment  is  [the  mother]  or was a primary caregiver of a [nursing]
    10  child [in her care] under [one year] twenty-four  months  of  age,  such
    11  child  may  [accompany her to] join them in such institution [if she] or
    12  local correctional facility, provided that such parent is physically fit
    13  to have the care of such child[,  subject  to]  and  such  placement  is
    14  desirable for the welfare of the child consistent with the provisions of
    15  subdivision  two  of  this  section. [If any woman committed to any such
    16  institution at the time of such commitment is  the  mother  of  and  has
    17  under  her  exclusive care a child more than one year of age the justice
    18  or magistrate committing such  woman  shall  refer  such  child  to  the
    19  commissioner  of  public welfare or other officer or board exercising in
    20  relation to children the power of a commissioner of  public  welfare  of
    21  the county from which the woman is committed to be cared for as provided
    22  by law in the case of a child becoming dependent upon the county.]
    23    4.  Upon  admitting  a  [woman]  person  known to be pregnant, or upon
    24  learning [of pregnancy  status]  that  person  is  pregnant,  the  chief
    25  medical  officer of each [correctional facility housing female incarcer-
    26  ated individuals, including] institution and  the  medical  professional
    27  responsible  for each local correctional facility [housing female incar-
    28  cerated individuals], or such officer or professional's designee,  shall
    29  immediately  [inform]  provide  such  person  with  supportive pregnancy
    30  options counseling consistent with their reproductive rights as outlined
    31  in section twenty-five hundred ninety-nine-aa of the public health  law,
    32  including  informing such [woman] person of [the option of participating
    33  in pregnancy counseling services and the  right  to  abortion  services]
    34  their  right  to  receive  an abortion and their right to continue their
    35  pregnancy free from discrimination. If such person chooses  to  continue
    36  their  pregnancy, they shall be informed about the existence of services
    37  related to pregnancy and  children  including  pregnancy-related  health
    38  care  and  nursery  and  parenting programs and shall be referred to the
    39  correctional or civilian staff or volunteers who provide such  services.
    40  If such person chooses to have an abortion or requests information about
    41  abortion services, they shall be referred immediately to medical person-
    42  nel  in  charge  of  facilitating  those  services  and,  if such person
    43  requests, shall have access to an abortion without delay. An institution
    44  or local correctional facility shall not impose a deadline for a  person
    45  to  receive  an abortion that is contrary to section twenty-five hundred
    46  ninety-nine-bb of the public health law and shall not permit delays that
    47  interfere with such person's ability to receive an abortion  within  the
    48  timeframe  permissible  under  such law. An institution or local correc-
    49  tional facility shall not coerce or otherwise  attempt  to  influence  a
    50  person's decisions about receiving an abortion or continuing their preg-
    51  nancy  or impose punishment of any type upon a person for changing their
    52  mind about receiving an abortion or continuing their pregnancy.
    53    § 2. Section 611 of the correction law is amended by adding  four  new
    54  subdivisions 5, 6, 7, and 8 to read as follows:
    55    5. A person who gives birth in a hospital or medical facility while in
    56  custody  of  an  institution  or  local  correctional  facility shall be
        A. 3483                             6

     1  located in the same area and provided with the same birthing  and  post-
     2  partum  room  accommodations as a person who gives birth while living in
     3  the community.  These accommodations shall include placing such person's
     4  newborn  in  their  room  for  the  duration  of  their post-partum stay
     5  consistent with subdivision three of section twenty-five hundred  five-a
     6  of  the  public  health  law,  unless  such person requests otherwise or
     7  hospital or medical facility personnel determine a  different  placement
     8  is necessary for the health of such person or their newborn. Such person
     9  shall  be  permitted to keep all health and newborn related supplies and
    10  equipment provided to them by the  hospital  or  medical  facility  upon
    11  their  return to the institution or local correctional facility, includ-
    12  ing but not limited to diapers,  breast  pump  equipment,  breastfeeding
    13  supplies,  breast pads, sanitary napkins, underwear, water bottle, heat-
    14  ing pad, perineal squirt bottles, sitz baths, and health  creams,  oint-
    15  ments,  and sprays. Such person and their newborn shall be provided with
    16  uninterrupted  access  to  therapeutically  equivalent   medication   as
    17  prescribed  by medical personnel at the hospital or medical facility for
    18  a duration consistent with the timeframe prescribed by such personnel.
    19    6. (a) For purposes of this subdivision,  a  breastfeeding  parent  is
    20  defined as:
    21    (i) a parent in custody of an institution or local correctional facil-
    22  ity who lives with their child pursuant to subdivisions two and three of
    23  this section; and
    24    (ii)  a  parent  in  custody  of  an institution or local correctional
    25  facility who is able to produce breast milk  of  any  amount  and  whose
    26  child  is  living  in  the  community and is thirty-six months of age or
    27  younger.
    28    (b) (i) A breastfeeding parent as defined in subparagraph (a) of  this
    29  subdivision shall have the right to:
    30    (A)  breastfeed  their  child consistent with the rights enumerated in
    31  subdivision three of section twenty-five hundred five-a  of  the  public
    32  health law;
    33    (B)  breastfeed  their  child  in any location consistent with section
    34  seventy-nine-e of the civil rights law or use a breast pump  or  express
    35  breast  milk  in  any  location,  provided that the institution or local
    36  correctional facility has authorized such parent and their child  to  be
    37  in such location;
    38    (C)  breastfeed  and  express breast milk at a frequency determined by
    39  such parent;
    40    (D) store breast milk at the institution or local correctional facili-
    41  ty in a fashion consistent with the requirements set forth in paragraphs
    42  (f) and (g) of this subdivision; and
    43    (E) if such parent is not living with their child, designate an  indi-
    44  vidual  in  the  community to gather breast milk from the institution or
    45  local correctional facility for the purpose  of  delivering  the  breast
    46  milk to their child.
    47    (ii) An institution or local correctional facility shall not require a
    48  parent  to  breastfeed  or discriminate against or penalize in any way a
    49  parent for their breastfeeding decisions and actions.
    50    (c) (i) An institution or local correctional facility shall provide  a
    51  breastfeeding  parent,  as  defined in subparagraph (a) of this subdivi-
    52  sion, with adequate time to breastfeed and express and  collect  breast-
    53  milk  and  shall  not  penalize  them  for  engaging in these activities
    54  consistent with section two hundred six-c of the  labor  law,  including
    55  permitting  breastfeeding  parents  to  participate in jobs and programs
    56  that run simultaneous to breastfeeding related activities.
        A. 3483                             7

     1    (ii) The institution or local correctional facility shall also provide
     2  such parent with timely access to a room for breastfeeding or expressing
     3  breast milk consistent with section two hundred six-c of the labor  law,
     4  including  that  the  room  shall be private, well lit, nearby access to
     5  clean  running  water,  equipped with outlets for the use of an electric
     6  breast pump and, at a minimum, with a chair and working surface on which
     7  breast pump parts can be placed. Such room shall not be  a  restroom  or
     8  toilet  stall  and  shall  not be used for any other purpose or function
     9  while being used for breastfeeding or expressing breast milk.
    10    (d) (i) An institution or local correctional facility shall provide  a
    11  breastfeeding  parent,  as  defined in subparagraph (a) of this subdivi-
    12  sion, with the following:
    13    (A) a personal electric pump with associated parts including  flanges,
    14  valves, membranes, connections, tubes, and collection bottles;
    15    (B) a personal manual pump;
    16    (C)  a  personal  breastfeeding  cover,  personal  pillow,  and  other
    17  personal items that allow for comfort and privacy  during  breastfeeding
    18  and expressing breast milk;
    19    (D)  comprehensive  current information about breastfeeding and lacta-
    20  tion that reflects standards of the department of health in  a  language
    21  and manner understandable to such parent; and
    22    (E)  access  to  breastfeeding and lactation assistance from personnel
    23  with relevant expertise and, if available, other individuals incarcerat-
    24  ed at the institution or local correctional  facility  who  work  in  or
    25  otherwise support pregnancy or child related programming and are able to
    26  provide breastfeeding and lactation support.
    27    (ii)  The  institution or local correctional facility shall bring such
    28  parent these materials upon their request in a timely fashion regardless
    29  of where such parent is located in the institution or facility.
    30    (e) Upon such parent's request for infant formula, the institution  or
    31  local  correctional facility shall provide such parent with formula that
    32  meet standards and nutrient requirements set forth by the United  States
    33  food  and  drug  administration.  If  such  parent determines that their
    34  infant is intolerant to or otherwise made  physically  uncomfortable  by
    35  the  formula  provided,  the  institution or local correctional facility
    36  shall provide alternate formulas until such parent determines  that  one
    37  is  sufficient  for  their  infant. Prior to making their determination,
    38  such parent shall be afforded the opportunity to discuss formula related
    39  issues with personnel providing lactation care  and  pediatric  care  in
    40  that institution or local correctional facility.
    41    (f) An institution or local correctional facility shall acquire breast
    42  pump  parts  and breast milk storage devices only from organizations and
    43  agencies that are in compliance with section  37-0505  of  the  environ-
    44  mental  conservation  law,  and  shall  clean  or  allow a breastfeeding
    45  parent, as defined in subparagraph (a) of  this  subdivision,  to  clean
    46  breast  pump  parts  and  breast  milk  storage  devices  at a frequency
    47  consistent with regulations set forth by the department of health.
    48    (g) An institution or local correctional facility shall store  breast-
    49  milk safely in a refrigerator or comparable cooling unit consistent with
    50  guidelines  set  forth by the department of health until it is ready for
    51  consumption by the child  of  a  breastfeeding  parent,  as  defined  in
    52  subparagraph  (a)  of  this  subdivision, or for pick up by a designated
    53  individual pursuant to paragraph (b) of this subdivision.
    54    7. (a) The department  and  commission  shall  compile  data  outlined
    55  respectively in paragraphs (b) and (c) of this subdivision for an annual
    56  report  to  the  governor,  the  temporary  president of the senate, the
        A. 3483                             8

     1  minority leader of the senate, the speaker of the assembly, the minority
     2  leader of the assembly, the chairperson of the senate health  committee,
     3  the  chairperson  of  the  senate  crime  victims,  crime and correction
     4  committee,  the chairperson of the assembly health committee, the chair-
     5  person of the assembly correction  committee,  the  chairperson  of  the
     6  legislative  women's  caucus,  and  the chairperson of the Black, Puerto
     7  Rican, Hispanic and Asian legislative caucus. Such data shall be  disag-
     8  gregated  by institution and local correctional facility and reported in
     9  a de-identified fashion. Reports issued pursuant to this paragraph shall
    10  be posted on the websites maintained by the department and  the  commis-
    11  sion.
    12    (b) Each institution shall work with relevant personnel and contracted
    13  external health care providers to collect the following data and provide
    14  it in a de-identified fashion to the department for the purpose outlined
    15  in paragraph (a) of this subdivision:
    16    (i) the number of individuals known to be pregnant upon admission;
    17    (ii)  the  number of individuals identified as being pregnant while in
    18  custody, including the number participating in a  work  release  program
    19  and the number in custody for a parole violation;
    20    (iii) the average daily census of pregnant individuals;
    21    (iv)  the number of ectopic pregnancies, molar pregnancies, abortions,
    22  miscarriages, stillbirths, vaginal deliveries, and caesarean deliveries;
    23    (v) the number of pregnancies determined by medical  personnel  to  be
    24  high risk and the reasons for such determinations;
    25    (vi)  for each newborn, the gestational age at delivery, birth weight,
    26  and length of stay, if any, in a neonatal intensive care unit;
    27    (vii) for pregnant individuals, their race, ethnicity, gender  identi-
    28  ty, age, crime of conviction, and county of conviction;
    29    (viii)  for  individuals  who apply for a nursery program, their race,
    30  ethnicity, gender identity, age, crime  of  conviction,  and  county  of
    31  conviction,  whether  those  individuals were approved or denied for the
    32  program, along with specific and detailed reasons for denials, including
    33  how they may relate to the crime of conviction, criminal record,  custo-
    34  dial  history,  history  of  violence, history of involvement with child
    35  protective services, or history of substance use of the individual,  the
    36  mental  or physical health conditions of the individual or child, or the
    37  safety of the individual, child, or others in the nursery;
    38    (ix) the number of babies who do not return  to  an  institution  with
    39  their  parent  and  the reasons, including denial for a nursery program,
    40  and where those babies are placed, including  non-kinship  foster  care,
    41  kinship  foster  care,  with the other parent, with a friend, and with a
    42  family member not in foster care;
    43    (x) for institutions with a nursery program,  the  number  of  nursery
    44  beds available and the number of beds utilized each month;
    45    (xi) the length of time between each nursery application and decision,
    46  the length of time between each decision and the birth of the child, and
    47  if  admission  is  granted,  the length of time between the decision and
    48  placement of the individual in the nursery;
    49    (xii) the number of individuals participating in the nursery program;
    50    (xiii) the number of children who enter a nursery from the community;
    51    (xiv) the number of individuals removed from the nursery disaggregated
    52  by race, ethnicity, gender identity, age, crime of conviction, county of
    53  conviction, and length of nursery stay, along with specific and detailed
    54  reasons for removals, including how they may  relate  to  the  crime  of
    55  conviction,  criminal  record,  custodial  history, history of violence,
    56  history of involvement with child protective  services,  or  history  of
        A. 3483                             9

     1  substance  use  of  the individual, the mental or physical health condi-
     2  tions of the individual or child, and  the  safety  of  the  individual,
     3  child, or others in the nursery;
     4    (xv)  the  number  of  babies removed from a nursery program and where
     5  those babies are placed,  including  non-kinship  foster  care,  kinship
     6  foster  care,  with  the  other parent, with a friend, and with a family
     7  member not in foster care; and
     8    (xvi) the number of babies who return  to  the  community  with  their
     9  parent  after being in a nursery program and the length of time spent in
    10  the nursery.
    11    (c) Each local correctional facility shall work with relevant  person-
    12  nel and contracted external health care providers to collect the follow-
    13  ing data and provide it in a de-identified fashion to the commission for
    14  the purpose outlined in paragraph (a) of this subdivision:
    15    (i) the number of individuals known to be pregnant upon admission;
    16    (ii)  the  number of individuals identified as being pregnant while in
    17  custody and the  under  custody  status  of  each  pregnant  individual,
    18  including whether the individual is detained or sentenced;
    19    (iii) the average daily census of pregnant individuals;
    20    (iv)  the number of ectopic pregnancies, molar pregnancies, abortions,
    21  miscarriages, still births, vaginal  deliveries,  and  caesarean  deliv-
    22  eries;
    23    (v)  the  number  of pregnancies determined by medical personnel to be
    24  high risk and the reasons for such determinations;
    25    (vi) for each newborn, the gestational age at delivery, birth  weight,
    26  and length of stay, if any, in a neonatal intensive care unit;
    27    (vii)  for pregnant individuals, their race, ethnicity, gender identi-
    28  ty, age, crime of conviction, and county of conviction;
    29    (viii) for individuals who apply for a nursery  program,  their  race,
    30  ethnicity,   gender  identity,  age,  crime  of  conviction,  county  of
    31  conviction, and under custody status, including whether  the  individual
    32  is  detained  or  sentenced,  whether those individuals were approved or
    33  denied for the program, along with specific  and  detailed  reasons  for
    34  denials, including how they may relate to the crime of conviction, crim-
    35  inal record, custodial history, history of violence, history of involve-
    36  ment  with child protective services, or history of substance use of the
    37  individual, the mental or physical health conditions of  the  individual
    38  or child, or the safety of the individual, child, or others in the nurs-
    39  ery;
    40    (ix)  the  number  of babies who do not return to a local correctional
    41  facility with their parent and the reasons, including denial for a nurs-
    42  ery program, and where those babies are  placed,  including  non-kinship
    43  foster  care, kinship foster care, with the other parent, with a friend,
    44  and with a family member not in foster care;
    45    (x) for local correctional facilities  with  a  nursery  program,  the
    46  number  of  nursery  beds available and the number of beds utilized each
    47  month;
    48    (xi) the length of time between each nursery application and decision,
    49  the length of time between each decision and the birth of the child, and
    50  if admission is granted, the length of time  between  the  decision  and
    51  placement of the individual in the nursery;
    52    (xii) the number of individuals participating in the nursery program;
    53    (xiii) the number of children who enter a nursery from the community;
    54    (xiv) the number of individuals removed from the nursery disaggregated
    55  by race, ethnicity, gender identity, age, crime of conviction, county of
    56  conviction, and length of nursery stay, along with specific and detailed
        A. 3483                            10

     1  reasons  for  removals,  including  how  they may relate to the crime of
     2  conviction, criminal record, custodial  history,  history  of  violence,
     3  history  of  involvement  with  child protective services, or history of
     4  substance  use  of  the individual, the mental or physical health condi-
     5  tions of the individual or child, and  the  safety  of  the  individual,
     6  child, or others in the nursery;
     7    (xv)  the  number  of  babies removed from a nursery program and where
     8  those babies are placed,  including  non-kinship  foster  care,  kinship
     9  foster  care,  with  the  other parent, with a friend, and with a family
    10  member not in foster care; and
    11    (xvi) the number of babies who return  to  the  community  with  their
    12  parent  after being in a nursery program and the length of time spent in
    13  the nursery.
    14    8. Any person confined in an institution or local correctional facili-
    15  ty that houses women shall receive notice in writing in a  language  and
    16  manner  understandable  to them about the requirements contained in each
    17  subdivision of this section upon their admission and  again,  regardless
    18  of  the  institution  or  local  correctional facility in which they are
    19  housed, if they are known to  be  pregnant  or  to  be  a  breastfeeding
    20  parent,  as defined in paragraph (a) of subdivision six this section, or
    21  to be eligible for their child to join them in an institution  or  local
    22  correctional  facility  pursuant  to  subdivisions two and three of this
    23  section. The superintendent or  sheriff  shall  publish  notice  of  the
    24  requirements  contained in each subdivision of this section in prominent
    25  locations where pregnancy  related  care  and  child  related  care  are
    26  provided.  The  department and the sheriff shall provide annual training
    27  on the provisions contained in each subdivision of this section for  all
    28  correctional,  civilian  and volunteer personnel who are involved in the
    29  transportation, supervision or care of pregnant people or  breastfeeding
    30  parents, as defined in paragraph (a) of subdivision six this section, or
    31  parents eligible for their child to join them in an institution or local
    32  correctional  facility  pursuant  to  subdivisions two and three of this
    33  section.
    34    § 3. This act shall take effect immediately.