N.Y. Correct. Law § 611

§ 611. Births to inmates of correctional institutions and care of\nchildren of inmates of correctional institutions. 1. If a woman confined\nin any institution as defined in paragraph c of subdivision four of\nsection two of the correction law or local correctional facility as\ndefined in paragraph (a) of subdivision sixteen of section two of the\ncorrection law, be pregnant and about to give birth to a child, the\nsuperintendent as defined in subdivision twelve of section two of the\ncorrection law or sheriff as defined in paragraph c of subdivision\nsixteen of section two of the correction law in charge of such\ninstitution or facility, a reasonable time before the anticipated birth\nof such child, shall cause such woman to be removed from such\ninstitution or facility and provided with comfortable accommodations,\nmaintenance and medical care elsewhere, under such supervision and\nsafeguards to prevent her escape from custody as the superintendent or\nsheriff or his or her designee may determine. No restraints of any kind\nshall be used during transport to or from the hospital, institution or\nclinic where such woman receives care; provided, however, in\nextraordinary circumstances, where restraints are necessary to prevent\nsuch woman from injuring herself or medical or correctional personnel,\nsuch woman may be cuffed by one wrist. In cases where restraints are\nused, the superintendent or sheriff shall make and maintain written\nfindings as to the reasons for such use. No restraints of any kind shall\nbe used when such woman is in labor, admitted to a hospital, institution\nor clinic for delivery, or recovering after giving birth. Any such\npersonnel as may be necessary to supervise the woman during transport to\nand from and during her stay at the hospital, institution or clinic\nshall be provided to ensure adequate care, custody and control of the\nwoman. The superintendent or sheriff or his or her designee shall cause\nsuch woman to be subject to return to such institution or local\ncorrectional facility as soon after the birth of her child as the state\nof her health will permit as determined by the medical professional\nresponsible for the care of such woman. If such woman is confined in a\nlocal correctional facility, the expense of such accommodation,\nmaintenance and medical care shall be paid by such woman or her\nrelatives or from any available funds of the local correctional facility\nand if not available from such sources, shall be a charge upon the\ncounty, city or town in which is located the court from which such\ninmate was committed to such local correctional facility. If such woman\nis confined in any institution under the control of the department, the\nexpense of such accommodation, maintenance and medical care shall be\npaid by such woman or her relatives and if not available from such\nsources, such maintenance and medical care shall be paid by the state.\nIn cases where payment of such accommodations, maintenance and medical\ncare is assumed by the county, city or town from which such inmate was\ncommitted the payor shall make payment by issuing payment instrument in\nfavor of the agency or individual that provided such accommodations and\nservices, after certification has been made by the head of the\ninstitution to which the inmate was legally confined, that the charges\nfor such accommodations, maintenance and medical care were necessary and\nare just, and that the institution has no available funds for such\npurpose.\n 2. A child so born may be returned with its mother to the correctional\ninstitution in which the mother is confined unless the chief medical\nofficer of the correctional institution shall certify that the mother is\nphysically unfit to care for the child, in which case the statement of\nthe said medical officer shall be final. A child may remain in the\ncorrectional institution with its mother for such period as seems\ndesirable for the welfare of such child, but not after it is one year of\nage, provided, however, if the mother is in a state reformatory and is\nto be paroled shortly after the child becomes one year of age, such\nchild may remain at the state reformatory until its mother is paroled,\nbut in no case after the child is eighteen months old. The officer in\ncharge of such institution may cause a child cared for therein with its\nmother to be removed from the institution at any time before the child\nis one year of age. He shall make provision for a child removed from the\ninstitution without its mother or a child born to a woman inmate who is\nnot returned to the institution with its mother as hereinafter provided.\nHe may, upon proof being furnished by the father or other relatives of\ntheir ability to properly care for and maintain such child, give the\nchild into the care and custody of such father or other relatives, who\nshall thereafter maintain the same at their own expense. If it shall\nappear that such father or other relatives are unable to properly care\nfor and maintain such child, such officer shall place the child in the\ncare of the commissioner of public welfare or other officer or board\nexercising in relation to children the power of a commissioner of public\nwelfare of the county from which such inmate was committed as a charge\nupon such county. The officer in charge of the correctional institution\nshall send to such commissioner, officer or board a report of all\ninformation available in regard to the mother and the child. Such\ncommissioner of public welfare or other officer or board shall care for\nor place out such child as provided by law in the case of a child\nbecoming dependent upon the county.\n 3. If any woman, committed to any such correctional institution at the\ntime of such commitment is the mother of a nursing child in her care\nunder one year of age, such child may accompany her to such institution\nif she is physically fit to have the care of such child, subject to the\nprovisions of subdivision two of this section. If any woman committed to\nany such institution at the time of such commitment is the mother of and\nhas under her exclusive care a child more than one year of age the\njustice or magistrate committing such woman shall refer such child to\nthe commissioner of public welfare or other officer or board exercising\nin relation to children the power of a commissioner of public welfare of\nthe county from which the woman is committed to be cared for as provided\nby law in the case of a child becoming dependent upon the county.\n