STATE OF NEW YORK ________________________________________________________________________ 8764--A 2017-2018 Regular Sessions IN ASSEMBLY November 3, 2017 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to establishing the women's health education program for correctional facilities and rights of pregnant inmates; to amend the public health law, in relation to requiring certain testing to be offered; to amend the correction law, in relation to providing pregnant inmates with access to prenatal vitamins and a specialized diet; and to require the department of health to collect data on women's health care in prisons and publish a report The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 207-a to read as follows: 3 § 207-a. Women's health education program in state and local correc- 4 tional facilities. The commissioner, in consultation with the commis- 5 sioner of corrections and community supervision and the chair of the 6 state commission of correction, shall establish a women's health educa- 7 tion program in state and local correctional facilities. Such program 8 shall educate facility medical staff on the special medical needs of 9 women, including training on providing professional, respectful and 10 informed care of women who have been victims of domestic violence or 11 sexual violence. 12 § 2. Paragraph (c) of subdivision 1 and subdivision 2 of section 611 13 of the correction law, paragraph (c) of subdivision 1 as amended by 14 chapter 17 of the laws of 2016 and subdivision 2 as amended by chapter 15 242 of the laws of 1930, are amended and a new subdivision 4 is added to 16 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13693-02-8

A. 8764--A 2 1 (c) No restraints of any kind shall be used when such woman is in 2 labor, admitted to a hospital, institution or clinic for delivery, or 3 recovering after giving birth. Any such personnel as may be necessary to 4 supervise the woman during transport to and from and during her stay at 5 the hospital, institution or clinic shall be provided to ensure adequate 6 care, custody and control of the woman, except that no correctional 7 staff shall be present in the delivery room during the birth of a baby 8 unless requested by the medical staff supervising such delivery or by 9 the woman giving birth. The woman shall be permitted to have one support 10 person of her choosing accompany her into the delivery room during the 11 birth of the child. The superintendent or sheriff or his or her designee 12 shall cause such woman to be subject to return to such institution or 13 local correctional facility as soon after the birth of her child as the 14 state of her health will permit as determined by the medical profes- 15 sional responsible for the care of such woman. If such woman is confined 16 in a local correctional facility, the expense of such accommodation, 17 maintenance and medical care shall be paid by such woman or her rela- 18 tives or from any available funds of the local correctional facility and 19 if not available from such sources, shall be a charge upon the county, 20 city or town in which is located the court from which such inmate was 21 committed to such local correctional facility. If such woman is confined 22 in any institution under the control of the department, the expense of 23 such accommodation, maintenance and medical care shall be paid by such 24 woman or her relatives and if not available from such sources, such 25 maintenance and medical care shall be paid by the state. In cases where 26 payment of such accommodations, maintenance and medical care is assumed 27 by the county, city or town from which such inmate was committed the 28 payor shall make payment by issuing payment instrument in favor of the 29 agency or individual that provided such accommodations and services, 30 after certification has been made by the head of the institution to 31 which the inmate was legally confined, that the charges for such accom- 32 modations, maintenance and medical care were necessary and are just, and 33 that the institution has no available funds for such purpose. 34 2. A child so born may be returned with its mother to the correctional 35 institution in which the mother is confined unless the chief medical 36 officer of the correctional institution shall certify that the mother is 37 physically unfit to care for the child, in which case the statement of 38 the said medical officer shall be final. A child may remain in the 39 correctional institution with its mother for such period as seems desir- 40 able for the welfare of such child, but not after it is one year of age, 41 provided, however, if the mother is in a state reformatory and is to be 42 paroled shortly after the child becomes one year of age, such child may 43 remain at the state reformatory until its mother is paroled, but in no 44 case after the child is eighteen months old. If the mother is an inmate 45 at a state correctional facility, the department shall inform her of her 46 ability to apply to any nursery program run by the department. The offi- 47 cer in charge of such institution may cause a child cared for therein 48 with its mother to be removed from the institution at any time before 49 the child is one year of age. He shall make provision for a child 50 removed from the institution without its mother or a child born to a 51 woman inmate who is not returned to the institution with its mother as 52 hereinafter provided. He may, upon proof being furnished by the father 53 or other relatives of their ability to properly care for and maintain 54 such child, give the child into the care and custody of such father or 55 other relatives, who shall thereafter maintain the same at their own 56 expense. If it shall appear that such father or other relatives are

A. 8764--A 3 1 unable to properly care for and maintain such child, such officer shall 2 place the child in the care of the commissioner of public welfare or 3 other officer or board exercising in relation to children the power of a 4 commissioner of public welfare of the county from which such inmate was 5 committed as a charge upon such county. The officer in charge of the 6 correctional institution shall send to such commissioner, officer or 7 board a report of all information available in regard to the mother and 8 the child. Such commissioner of public welfare or other officer or board 9 shall care for or place out such child as provided by law in the case of 10 a child becoming dependent upon the county. 11 4. The chief medical officer of each correctional facility housing 12 female inmates or his or her designee shall inform any inmate known to 13 be pregnant of her option of participating in pregnancy counseling 14 services and of her right to abortion services. 15 § 3. Subdivision 1 of section 2308-a of the public health law, as 16 amended by section 38 of part E of chapter 56 of the laws of 2013, is 17 amended to read as follows: 18 1. The administrative officer or other person in charge of a clinic or 19 other facility providing gynecological, obstetrical, genito-urological, 20 contraceptive, sterilization or termination of pregnancy services or 21 treatment shall require the staff of such clinic or facility to offer to 22 administer to every resident of the state of New York coming to such 23 clinic or facility for such services or treatment, appropriate examina- 24 tions or tests for the detection of sexually transmitted diseases. For 25 the purposes of this subdivision, the term "facility" shall include a 26 correctional facility as defined in subdivision four of section two of 27 the correction law. 28 § 4. Subdivision 2 of section 140 of the correction law, as added by 29 chapter 516 of the laws of 1995, is amended to read as follows: 30 2. Subject to the regulations of the department of health, routine 31 medical, dental and mental health services and treatment is defined for 32 the purposes of this section to mean any routine diagnosis or treatment, 33 including without limitation the provision of gynecological services for 34 female inmates, the administration of medications or nutrition, the 35 extraction of bodily fluids for analysis, and dental care performed with 36 a local anesthetic. Routine mental health treatment shall not include 37 psychiatric administration of medication unless it is part of an ongoing 38 mental health plan or unless it is otherwise authorized by law. 39 § 5. Subdivision 2 of section 505 of the correction law, as added by 40 chapter 437 of the laws of 2013, is amended to read as follows: 41 2. Subject to the regulations of the department of health, routine 42 medical, dental and mental health services and treatment is defined for 43 the purposes of this section to mean any routine diagnosis or treatment, 44 including without limitation the provision of gynecological services for 45 female inmates, the administration of medications or nutrition, the 46 extraction of bodily fluids for analysis, and dental care performed with 47 a local anesthetic. Routine mental health treatment shall not include 48 psychiatric administration of medication unless it is part of an ongoing 49 mental health plan or unless it is otherwise authorized by law. 50 § 6. The correction law is amended by adding a new section 140-a to 51 read as follows: 52 § 140-a. Prenatal care. If a pregnant woman is confined to a state or 53 local correctional facility, she shall be given prenatal care comparable 54 to such care available to women in the community. Such care shall 55 include regular check-ups throughout the course of her pregnancy and 56 education on healthy lifestyle choices of benefit to the woman and her

A. 8764--A 4 1 child. Pregnant women confined to such facilities shall also be given 2 prenatal vitamins and a specialized diet tailored to provide their 3 nutritional needs during pregnancy. 4 § 7. The commissioner of corrections and community supervision, in 5 conjunction with the commissioner of health shall promulgate such rules 6 and regulations as may be necessary to effectuate the provisions of 7 section six of this act. 8 § 8. 1. The department of health, in cooperation with the department 9 of corrections and community supervision, shall conduct a study of 10 women's health care in prisons. Such study shall: 11 a. collect all available data relating to women's health care in pris- 12 ons; 13 b. determine how often women in prisons are being seen by a medical 14 professional; 15 c. determine how long it takes for women in prisons to be seen by a 16 medical professional; 17 d. identify what issues women in prisons are most often being seen 18 for; 19 e. determine the outcomes of women in prisons being seen by a medical 20 professional; and 21 f. investigate anything deemed relevant by the commissioner of health 22 or the commissioner of corrections and community supervision for the 23 purposes of this study. 24 2. Upon completion of the study required by subdivision one of this 25 section, the commissioner of health, or his or her designee, shall 26 prepare a report to be given to the governor and the legislature which 27 shall include the findings of such study. Such report shall be filed 28 within one year of the effective date of this act, unless the commis- 29 sioner of health requests in writing, an extension of time. 30 3. All other departments or agencies of the state or subdivisions 31 thereof, and local governments shall, at the request of the commissioner 32 of health or the commissioner of corrections and community supervision, 33 provide expertise, assistance, and data that will enable such commis- 34 sioner to carry out his or her powers and duties. 35 § 9. This act shall take effect immediately; provided however, that: 36 1. Section two of this act shall take effect on the one hundred twen- 37 tieth day after it shall have become a law; provided however that, 38 effective immediately, the addition, amendment and/or repeal of any 39 rules or regulations necessary for the implementation of section two of 40 this act on its effective date are authorized to be made by the depart- 41 ment of corrections in consultation with the department of health on or 42 before such effective date; and 43 2. Section six of this act shall take effect on the one hundred eight- 44 ieth day after it shall have become a law.