BILL NUMBER: S6463
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the correction law, in relation to authorizing the
transfer of pregnant and postpartum incarcerated individuals to residen-
tial treatment facilities
 
PURPOSE:
To allow the commissioner of corrections to place women who are pregnant
or postpartum into community alternatives such as halfway houses, super-
vise them in compliance with current statute, and provide them with the
necessary treatment and programming for the duration of their pregnancy
and for up to one year post-birth to prevent the child and mother from
being separated from each other during the first year of the child's
life.
 
SUMMARY OF PROVISIONS:
The corrections law is amended by adding a new section, section 72-d.
Section 72-d states the following:
The commissioner of corrections may authorize the transfer to a residen-
tial treatment facility established under section seventy-three of this
article (a) for up to one year of postpartum, an incarcerated individual
who gave birth within eight months of the date of commitment to a
correctional facility; and (b) for the duration of the pregnancy and up
to one year postpartum, an incarcerated individual who is pregnant.
The commissioner may conditionally transfer an incarcerated individual
under subdivision 1 of this section to a residential treatment facility
for the purpose of participation in prenatal or postnatal care program-
ming and to promote mother-child bonding in addition to other program-
ming as established by the commissioner, including but not limited to
evidence-based parenting skills programming; working at paid employment;
seeking employment; or participating in vocational training, and educa-
tion program, or chemical dependency or mental health treatment
services.
The commissioner shall develop policy and criteria and promulgate any
rules and/or regulations necessary to implement this section according
to public safety and generally accepted correctional practice.
On or before the first of April each year, the commissioner shall report
to the temporary president of the senate and the speaker of the assembly
on the number of incarcerated individuals transferred to residential
treatment facilities pursuant to this section and the duration of such
transfers for the prior calendar year.
Subdivision 1 of section 73 of the correction law is amended by chapter
322 of the laws of 2021 by stating that the commissioner may transfer
any incarcerated individual of a correctional facility who is eligible
for community supervision or who will become eligible for community
supervision within six months after the date of transfer or, who has one
year or less remaining to be served under his or her sentence, or who is
a pregnant or postpartum incarcerated individual authorized under
section 72-d of this article to a residential treatment facility and
such person may be allowed to go outside the facility during reasonable
and necessary hours to engage in any activity reasonably related to his
or her rehabilitation and in accordance with the program established for
him or her. While outside the facility, he or she shall be at all times
in the custody of the department and under its supervision.
 
JUSTIFICATION:
The consequences of separating children from their mothers in the first
year of their lives are far too great and long lasting. This separation
prohibits the necessary bond and attachment to take place between a
mother and their child and ends up negatively impacting the mother, the
child, the family, and our community.
 
LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law.

Statutes affected:
S6463: 73 correction law, 73(1) correction law