BILL NUMBER: S2666
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to providing breast
pumps to certain incarcerated nursing birth parents
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide incarcerated parents the ability
to breastfeed their newborn child and express breast milk in a comforta-
ble and private area, extends the length of time a child may remain in a
prison nursery program and establishes annual reporting requirements.
 
SUMMARY OF PROVISIONS:
Section one would provide that a person who gives birth in a hospital or
medical facility while in the custody of an institution or local correc-
tional facility shall be permitted to keep all health and newborn-relat-
ed supplies and equipment provided to them by the hospital or medical
facility upon their return to the institution or correctional facility.
The institution or correctional facility shall not require a parent to
breastfeed or discriminate against or penalize a parent for breastfeed-
ing. DOCCS must compile an annual report for the legislature regarding
pregnant and birthing incarcerated individuals.
Section two provides for the effective date.
 
JUSTIFICATION:
Breastfeeding provides a host of mental and physical health benefits for
both the birth parent and baby. Research has long established that
breastfed babies develop stronger immune systems and have lower rates of
ear infections, colds and respiratory illnesses, as well as lower rates
of sudden infant death syndrome and infant mortality. The benefits of
nutrient-dense breastmilk are apparent in the health of the children as
they grow older as well, resulting in a reduced risk of diabetes, aller-
gies, heart disease and other health complications. Breastfeeding also
provides many benefits to the birth parent by reducing the risk of post-
partum depression, postpartum bleeding and the risk of anemia. Breast-
feeding also aids in the production of two hormones, oxytocin and
prolactin, which reduce stress.
Unfortunately, despite all of the benefits provided by breastfeeding,
many people that are incarcerated are not provided the opportunity to
breastfeed their children or express breastmilk to later be provided to
their child. Nationwide, people who may become pregnant account for
approximately 10% of individuals in prisons and jails. New York State
has several correctional facilities that house parents and their chil-
dren, including Bedford Hills Correctional Facility; one of just eight
prison nursery programs in the country. This legislation implements a
series of changes to help birth parents breast-feed their children while
incarcerated, including requiring all state and local correctional
facilities to provide equipment and a private and comfortable space to
pump and allowing incarcerated people to express milk to later be
provided to their child living outside of the correctional facility.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2024: S9817 (Salazar) - referred to Crime Victims, Crime & Correction
ASSEMBLY:
2024: A3483B (Rosenthal) - referred to Correction, Amended 3483A,
Amended 3483B, reported and referred to Ways and Means
2023: A3483(Rosenthal) - referred to Correction
2022: A4610 (Rosenthal) - referred to Ways and Means
2021: A4610 (Rosenthal) - referred to Correction
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
 
EFFECTIVE DATE:
Immediate.

Statutes affected:
S2666: 611 correction law