BILL NUMBER: S2667
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law and the executive law, in relation to
prohibiting the use of restraints on incarcerated individuals during
labor, absent extraordinary circumstances, and on pregnant persons
during a custodial interrogation
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure pregnant people are not shackled
while incarcerated or in police custody.
 
SUMMARY OF PROVISIONS:
Section one would amend Correction Law section 611 (1) to prohibit use
of restraints of incarcerated individuals during labor, admitted to a
hospital or medical facility for delivery or recovering after giving
birth. Additionally, it would also prohibit the use of restraints of
incarcerated individuals during transportation to receive medical care,
unlessò correctional personnel have determined that an emergency has
arisen and prohibit the use of force against a pregnant person except in
situations where the staff member believes that force is necessary to
protect themselves. This section would also permit a pregnant person to
have a support person of their choosing accompany them to a hospital or
medical facility for labor, birth, counseling, and medical care related
to pregnancy and all pregnancy outcomes.
Section two would amend the Executive Law by adding a new section 837-y
to prohibit the use of restraints on a person who is known to be preg-
nant, in labor or delivery, or twelve weeks post-pregnancy while in the
custody of law enforcement or during custodial interrogation.
Section three provides for the effective date.
 
JUSTIFICATION:
In April 2021, a woman was awarded a $750,000 settlement in court after
her wrists and ankles were shackled while she was in active labor and
under New York Police Department custody. The woman was arrested on a
misdemeanor charge at 40 weeks and two days pregnant and remained shack-
led when she began laboring shortly thereafter.
In 2009, the New York State Legislature passed a law that prohibited the
shackling of pregnant people during labor, delivery and recovery.
However, a major loophole still exists that allows for the shackling of
pregnant people when an officer, in consultation with the chief medical
officer, believes restraints are necessary to prevent injury to herself
or correction staff. This language is dangerously broad and has allowed
for pregnant people to be shackled for any movement or action, even
innocuous ones, that an officer deems "threatening." In addition,
people continue to be shackled when they are in police custody, but not
formally incarcerated.
As recognized by the American College of Obstetricians and Gynecologists
and the American Medical Association, no pregnant person should be
shackled during labor, delivery or recovery, and this legislation will
close this loophole.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2024: S9816 (Salazar) - Referred to Crime Victims, Crime & Correction.
ASSEMBLY:
2024: A2155A (Rosenthal) - Referred to Correction, amended, reported and
referred to Rules.
2023: A2155 (Rosenthal) - Referred to Correction.
2022: A8137A (Rosenthal) - Referred to Correction.
2021: A8137 (Rosenthal) - Referred to Correction.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
 
EFFECTIVE DATE:
Immediate.