BILL NUMBER: S4583B
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to promoting the health,
safety, and human rights of incarcerated pregnant individuals, incarcer-
ated birthing parents of children and their children
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish a comprehensive human rights-
based statutory policy relating to incarcerated pregnant or postpartum
individuals and their children in New York state and local correctional
facilities
 
SUMMARY OF PROVISIONS:
Section 1 of the bill states the legislative purpose and findings.
Section 2 of the bill amends section 611 of the correction law adding a
new title "1. "Rights and care of birthing parents and such persons'
children" and adds definitions of terms, "birthing parent," "prenatal,"
"perinatal," "postpartum," "nursery" and "timely" as used in the
section.
2(a),(b), (c),(d) and (e) changes language to be gender neutral.
New paragraph 3. states "birthing parents shall be provided with appro-
priate accommodations and continuous access to prenatal, perinatal, and
postpartum care" and lists details about that care in (a) through (aa).
New paragraph 4. (a) requires the commissioner and the state commission
on corrections to establish rules and regulations relating to conditions
and procedures in the institution or local correctional facility that
shall allow a child of a birthing parent to remain in such institution
or local correctional facility, to include but not limited to: a (i) a
child up to eighteen months old or if the birthing parent is to be
released by the time the child becomes twenty-four months of age, such
child may remain until the birthing parent is released. (i) also
addresses circumstances where a person committed to an institution or
facility has a child more than eighteen months of age in their exclusive
care, requiring the justice or magistrate to refer such child to the
commissioner of public welfare of the county from which the person is
committed to be cared for. (ii) addresses the exception to (i) stating
"unless the chief medical officer of the institution or local correc-
tional facility demonstrates a finding by clear and convincing evidence
that such person poses an imminent risk to the health and safety of the
child. (b) adds conforming language. New (c) states no child shall be
removed from the nursery without the express oral and written consent of
the birthing parent or a finding, by clear and convincing evidence, that
the birthing parent poses an imminent risk to the health and safety of
the child and the risk cannot be mitigated through reasonable efforts.
The birthing parent shall be afforded the right to seek counsel and due
process shall be afforded to the birthing parent prior to, or shortly
after, such removal and if the finding is not sustained, the child shall
be immediately returned to the care and custody of the birthing parent.
New paragraph 5. lists the rights and conditions of the birthing parent
and their child in the nursery of a correctional institution or local
correctional facility in (a), (b), (c), (d), (e), (f), (g), (h), (i),
(j), (k), (1), (m), (n), (o), (p), (q), and (r).
New paragraph 6. adds "their right to right to comprehensive" pregnancy
counseling services and the right to abortion services.
New paragraph 7. Addresses enforcement with (a) requiring the commis-
sioner or the state commission on correction to promulgate rules and
regulations necessary for the implementation of this section within 180
days of the effective date of the subdivision and (b) states the section
shall be enforceable by a proceeding brought pursuant to article seven-
ty-eight of the civil practice law and rules.
Section 3 of the bill amends subdivision 33 of section 2 of the
correction law to change the period of from eight weeks to twelve weeks
postpartum recovery period after giving birth that a person is consid-
ered part of "special populations."
Section 4 of the bill is the severability clause.
Section 5 of the bill is the effective date.
 
AMENDED VERSION:
The "A" print makes a change to the timing of the appointment with a
health care provider when the institution or local correctional facility
learns a person in custody is pregnant. The change is made after consul-
tation with the American college of obstetricians and gynecologists. The
other change in the "A" print is the removal of language requiring
access to a lactation consultant because that language is similar to
language in other pending legislation.
The "B" print adds conforming language to include the jurisdiction of
the state commission on correction over local correctional facilities
and makes other conforming changes.
 
JUSTIFICATION:
Incarceration can negatively impact the health of pregnant people and
their infants. Incarcerated individuals are more likely than the general
population of pregnant individuals to have chronic illnesses, mental
health conditions, and substance use disorders, which can increase the
risk of negative pregnancy outcomes (1). Incarcerated people are also
significantly less likely to receive prenatal care and medical and
behavioral services for pre-existing conditions during pregnancy, with
some studies showing over 45% of pregnant individuals received no prena-
tal care at all (2). As a result infants born to incarcerated individ-
uals have a higher likelihood of being born prematurely and small for
gestational age and are at an increased risk for NICU admission (3). In
addition, incarceration is associated with poorer perinatal health
behaviors than the general population leading to long term negative
health outcomes for both the parent and the child, which can lead to
multigenerational negative physical, emotional, behavioral, and social
outcomes (4,5). In contrast, according to the National Partnership for
Women & Families, "interventions that included not only enhanced care in
prisons and co-residence with children after birth, but also coordi-
nation of community care on release, demonstrated reduced likelihood of
future involvement with the justice system over the 10 years following
release when compared to women in the same facilities that did not
receive the intervention" (2).
According to the American Journal of Public Health, "At the end of 2016,
there were 111 ,616 women in prisons across the United States, a 742%
increase from the 13 ,258 women in prisons in 1980. The United States
has 4% of the world's female population but 30% of its female incarcer-
ated population. Three quarters of incarcerated women are of childbear-
ing age (between 18 and 44 years). Two thirds are mothers and the prima-
ry caregivers to young children, and up to 84% have been pregnant in the
past. In addition, up to 80% of incarcerated women report that they had
been sexually active with men in the 3 months before their incarcera-
tion, and only 21% to 28% were using a reliable method of contracep-
tion." (6) Invariably, with these increasing numbers we will continue to
see increasing numbers of individuals who are pregnant or parents of
infants being incarcerated. A statewide system that required: early
identification of pregnant individuals followed by comprehensive prena-
tal care, screening and treatment of pre-existing conditions, proper
nutrition and exercise, the development of a birthing plan, a humane
delivery that followed medical and public health best practices, and
comprehensive postnatal care including time and appropriate space for
parent-child bonding would significantly improve physical and behavioral
health outcomes for the parent and child. It would also significantly
reduce recidivism rates for the adults thus improving public safety in
communities. Yet we do not have a system of care in our carceral systems
to ensure prenatal, delivery best practices, nor postnatal care to
incarcerated individuals and their infants. This lack of healthcare
ensures that our very carceral system is part of the problem contribut-
ing to negative intergenerational health outcomes and reduced public
health for our communities.
All people who are in state custody should be treated humanely and with
dignity that all humans deserve. We have too often witnessed instances
of mistreatment, neglect and even death when the human needs of people
incarcerated are disregarded by those charged with supervising and
protecting them while in custody. This is even more egregious when
incarcerated people who are pregnant suffer indignities and are made to
suffer by deliberate decisions to deny access to healthcare that their
circumstances require. We have a responsibility as a state to ensure our
laws are written to protect people in state custody, including those who
happen to be pregnant and giving birth while in custody. Their children
deserve protection and support during the first months of life, which
are critical to bonding and developing healthy relationships with their
parent. This bill, when enacted, will ensure the state meets these
responsibilities.
(1): https://jamanetworki.com/journals/jamanetworkopen/
fullarticle/2769101 :- :text=The%201im ed%20
existing%2Oresearch%20on.families%20and%20communities
%20more/020broadly.
(2): haps://nationalpartnership.org/report/incarceration-harms-moms-and-
babies/ :-:text=Incarceration%2Orisks%20the%2Ohealth%20of,reported%20havi
ng%20depre s on~/020an d%20anxiety.
(3): haps://www.nature.com/articles/s41372-024-02170-4
(4): https://pmc.ncbi.nlm.nih.gov/articles/PMC4161663/4:-:text= incar-
ceration% 20oP/020e/020woman%
20or%2Ohe0/020partner%20in%20the%20year,disparities%20in%20early%20child
hood%20development
(5): https://policystitute.iu.edu/doc/matemal-incarceration-brief-2023
dna source=chat t.com
(6): https://ajph.aphapublications.org/doi/10.2105/APH.
2019.305006?utm_source=chatgpt.com
 
PRIOR LEGISLATIVE HILT:
SENATE:
2025- S4583A (Salazar)- referred to Crime Victims, Crime & Correction,
passed Senate
2024 - S7132A (Salazar) - referred to Crime Victims, Crime & Correction,
passed Senate
2023 - S7132 (Salazar) - referred to Crime Victims, Crime & Correction
ASSEMBLY:
2025- A4879A (Kelles)- referred to Correction
2023-2024- A7630A (Kelles)- referred to Correction and reported to Codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
180 days after signed into law.

Statutes affected:
S4583: 2 correction law, 2(33) correction law
S4583A: 2 correction law, 2(33) correction law
S4583B: 2 correction law, 2(33) correction law