Bill Text: NY A05339 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 5339 (Prior Session Legislation)

Introduced

Bill Title: Restricts the segregated confinement of pregnant inmates to situations where there are exceptional circumstances which would create an unacceptable risk to other inmates or staff.

Spectrum: Partisan Bill (Democrat 43-1)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A05339 Detail]

Download: New_York-2019-A05339-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5339
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M.  of  A.  ROZIC,  ABINANTI,  AUBRY,  BARRETT,  BARRON,
          BICHOTTE, BLAKE, COLTON, CRESPO, DINOWITZ,  ENGLEBRIGHT,  FAHY,  GOTT-
          FRIED,  HEVESI,  HUNTER,  JAFFEE,  JOYNER, LUPARDO, MOSLEY, O'DONNELL,
          PICHARDO, PEOPLES-STOKES, PERRY,  QUART,  RAIA,  L. ROSENTHAL,  STECK,
          STIRPE,  WALKER,  DE LA ROSA,  WEPRIN,  HYNDMAN, SIMOTAS, JEAN-PIERRE,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. ARROYO, BRAUNSTEIN,  COOK,
          DAVILA,  EPSTEIN, GALEF, GLICK, SIMON -- read once and referred to the
          Committee on Correction
        AN ACT to amend the  correction  law,  in  relation  to  the  segregated
          confinement of pregnant inmates
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of subdivision 6 of  section  137  of
     2  the  correction  law,  as  amended  by chapter 1 of the laws of 2008, is
     3  amended to read as follows:
     4    Except as provided in paragraphs (d)  [and],  (e),  and  (g)  of  this
     5  subdivision,  the superintendent of a correctional facility may keep any
     6  inmate confined in  a  cell  or  room,  apart  from  the  accommodations
     7  provided  for inmates who are participating in programs of the facility,
     8  for such period as may be necessary for maintenance of order  or  disci-
     9  pline, but in any such case the following conditions shall be observed:
    10    §  2. Subdivision 6 of section 137 of the correction law is amended by
    11  adding a new paragraph (g) to read as follows:
    12    (g) Segregated confinement is prohibited for pregnant inmates, inmates
    13  who have given birth within the past  eight  weeks  and  inmate  mothers
    14  living with infants in prison nursery programs.
    15    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01007-01-9