N.Y. Correct. Law § 611

§ 611. Births to inmates of correctional institutions and care of\nchildren of inmates of correctional institutions. 1. (a) If a woman\nconfined in any institution or local correctional facility be pregnant\nand about to give birth to a child, the superintendent or sheriff in\ncharge of such institution or facility, a reasonable time before the\nanticipated birth of such child, shall cause such woman to be removed\nfrom such institution or facility and provided with comfortable\naccommodations, maintenance and medical care elsewhere, under such\nsupervision and safeguards to prevent her escape from custody as the\nsuperintendent or sheriff or his or her designee may determine. No\nrestraints of any kind shall be used during transport of such woman, a\nwoman who is known to be pregnant or a woman within eight weeks after\ndelivery or pregnancy outcome receives care absent extraordinary\ncircumstances in which the superintendent or sheriff or his or her\ndesignee in consultation with the chief medical officer has made an\nindividualized determination that restraints are necessary to prevent\nsuch woman from injuring herself or medical or correctional personnel or\nothers and cannot reasonably be restrained by other means, including the\nuse of additional personnel. If a determination has been made that\nextraordinary circumstances exist then restraints shall be limited to\nhandcuffs in front of the body. The superintendent or sheriff or his or\nher designee shall document the facts upon which the finding of\nextraordinary circumstances were based within five days of the use of\nsuch restraints and shall also document the type of restraints used and\nthe length of time such restraints were used. No restraints of any kind\nshall be used when such woman is in labor, admitted to a hospital,\ninstitution or clinic for delivery, or recovering after giving birth.\nAny such personnel as may be necessary to supervise the woman during\ntransport to and from and during her stay at the hospital, institution\nor clinic shall be provided to ensure adequate care, custody and control\nof the woman, except that no correctional staff shall be present in the\ndelivery room during the birth of a baby unless requested by the medical\nstaff supervising such delivery or by the woman giving birth. The\nsuperintendent or sheriff or his or her designee shall cause such woman\nto be subject to return to such institution or local correctional\nfacility as soon after the birth of her child as the state of her health\nwill permit as determined by the medical professional responsible for\nthe care of such woman. If such woman is confined in a local\ncorrectional facility, the expense of such accommodation, maintenance\nand medical care shall be paid by such woman or her relatives or from\nany available funds of the local correctional facility and if not\navailable from such sources, shall be a charge upon the county, city or\ntown in which is located the court from which such inmate was committed\nto such local correctional facility. If such woman is confined in any\ninstitution under the control of the department, the expense of such\naccommodation, maintenance and medical care shall be paid by such woman\nor her relatives and if not available from such sources, such\nmaintenance and medical care shall be paid by the state. In cases where\npayment of such accommodations, maintenance and medical care is assumed\nby the county, city or town from which such inmate was committed the\npayor shall make payment by issuing payment instrument in favor of the\nagency or individual that provided such accommodations and services,\nafter certification has been made by the head of the institution to\nwhich the inmate was legally confined, that the charges for such\naccommodations, maintenance and medical care were necessary and are\njust, and that the institution has no available funds for such purpose.\n (b) Any woman confined in an institution or local correctional\nfacility shall receive notice in writing in a language and manner\nunderstandable to her about the requirements of this section upon her\nadmission to an institution or local correctional facility and again\nwhen she is known to be pregnant. The superintendent or sheriff shall\npublish notice of the requirements of this section in prominent\nlocations where medical care is provided. The department and the sheriff\nshall provide annual training on provisions of this section to all\ncorrectional personnel who are involved in the transportation,\nsupervision or medical care of incarcerated women.\n (c) The department and sheriff shall report annually to the governor,\nthe temporary president of the senate, the minority leader of the\nsenate, the speaker of the assembly, the minority leader of the\nassembly, the chairperson of the senate crime victims, crime and\ncorrection committee and the chairperson of the assembly correction\ncommittee concerning every use of restraints on a woman under this\nsection but shall exclude individual identifying information.\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