RETRIEVE BILL
Correction
§ 611. Births to inmates of correctional institutions and care of
children of inmates of correctional institutions. 1. If a woman confined
in any institution as defined in paragraph c of subdivision four of
section two of the correction law or local correctional facility as
defined in paragraph (a) of subdivision sixteen of section two of the
correction law, be pregnant and about to give birth to a child, the
superintendent as defined in subdivision twelve of section two of the
correction law or sheriff as defined in paragraph c of subdivision
sixteen of section two of the correction law in charge of such
institution or facility, a reasonable time before the anticipated birth
of such child, shall cause such woman to be removed from such
institution or facility and provided with comfortable accommodations,
maintenance and medical care elsewhere, under such supervision and
safeguards to prevent her escape from custody as the superintendent or
sheriff or his or her designee may determine. No restraints of any kind
shall be used during transport to or from the hospital, institution or
clinic where such woman receives care; provided, however, in
extraordinary circumstances, where restraints are necessary to prevent
such woman from injuring herself or medical or correctional personnel,
such woman may be cuffed by one wrist. In cases where restraints are
used, the superintendent or sheriff shall make and maintain written
findings as to the reasons for such use. No restraints of any kind shall
be used when such woman is in labor, admitted to a hospital, institution
or clinic for delivery, or recovering after giving birth. Any such
personnel as may be necessary to supervise the woman during transport to
and from and during her stay at the hospital, institution or clinic
shall be provided to ensure adequate care, custody and control of the
woman. The superintendent or sheriff or his or her designee shall cause
such woman to be subject to return to such institution or local
correctional facility as soon after the birth of her child as the state
of her health will permit as determined by the medical professional
responsible for the care of such woman. If such woman is confined in a
local correctional facility, the expense of such accommodation,
maintenance and medical care shall be paid by such woman or her
relatives or from any available funds of the local correctional facility
and if not available from such sources, shall be a charge upon the
county, city or town in which is located the court from which such
inmate was committed to such local correctional facility. If such woman
is confined in any institution under the control of the department, the
expense of such accommodation, maintenance and medical care shall be
paid by such woman or her relatives and if not available from such
sources, such maintenance and medical care shall be paid by the state.
In cases where payment of such accommodations, maintenance and medical
care is assumed by the county, city or town from which such inmate was
committed the payor shall make payment by issuing payment instrument in
favor of the agency or individual that provided such accommodations and
services, after certification has been made by the head of the
institution to which the inmate was legally confined, that the charges
for such accommodations, maintenance and medical care were necessary and
are just, and that the institution has no available funds for such
purpose.
2. A child so born may be returned with its mother to the correctional
institution in which the mother is confined unless the chief medical
officer of the correctional institution shall certify that the mother is
physically unfit to care for the child, in which case the statement of
the said medical officer shall be final. A child may remain in the
correctional institution with its mother for such period as seems
desirable for the welfare of such child, but not after it is one year of
age, provided, however, if the mother is in a state reformatory and is
to be paroled shortly after the child becomes one year of age, such
child may remain at the state reformatory until its mother is paroled,
but in no case after the child is eighteen months old. The officer in
charge of such institution may cause a child cared for therein with its
mother to be removed from the institution at any time before the child
is one year of age. He shall make provision for a child removed from the
institution without its mother or a child born to a woman inmate who is
not returned to the institution with its mother as hereinafter provided.
He may, upon proof being furnished by the father or other relatives of
their ability to properly care for and maintain such child, give the
child into the care and custody of such father or other relatives, who
shall thereafter maintain the same at their own expense. If it shall
appear that such father or other relatives are unable to properly care
for and maintain such child, such officer shall place the child in the
care of the commissioner of public welfare or other officer or board
exercising in relation to children the power of a commissioner of public
welfare of the county from which such inmate was committed as a charge
upon such county. The officer in charge of the correctional institution
shall send to such commissioner, officer or board a report of all
information available in regard to the mother and the child. Such
commissioner of public welfare or other officer or board shall care for
or place out such child as provided by law in the case of a child
becoming dependent upon the county.
3. If any woman, committed to any such correctional institution at the
time of such commitment is the mother of a nursing child in her care
under one year of age, such child may accompany her to such institution
if she is physically fit to have the care of such child, subject to the
provisions of subdivision two of this section. If any woman committed to
any such institution at the time of such commitment is the mother of and
has under her exclusive care a child more than one year of age the
justice or magistrate committing such woman shall refer such child to
the commissioner of public welfare or other officer or board exercising
in relation to children the power of a commissioner of public welfare of
the county from which the woman is committed to be cared for as provided
by law in the case of a child becoming dependent upon the county.