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 by correctional personnel or personnel\nproviding medical services to the institution or local correctional\nfacility, or a woman within eight weeks after delivery or pregnancy\noutcome, absent extraordinary circumstances in which:\n i. the superintendent or sheriff or his or her designee in\nconsultation with the medical professional responsible for the\ninstitution has made an individualized determination that restraints are\nnecessary to prevent such woman from injuring herself or medical or\ncorrectional personnel or others and cannot reasonably be restrained by\nother means, including the use of additional personnel; or\n ii. the correctional personnel directly responsible for the transport\nof such a woman determine that an emergency has arisen in which\nrestraints are necessary because the woman poses an immediate risk of\nserious injury to herself or medical or correctional personnel or others\nand cannot reasonably be restrained by other means.\n (b) If a determination has been made pursuant to subparagraph i or ii\nof paragraph (a) of this subdivision that extraordinary circumstances\nexist then restraints shall be limited to wrist restraints in front of\nthe body. The superintendent or sheriff or his or her designee pursuant\nto subparagraph i of paragraph (a) of this subdivision or correctional\npersonnel pursuant to subparagraph ii of paragraph (a) of this\nsubdivision shall document in writing the facts upon which the finding\nof extraordinary 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.\n (c) No restraints of any kind shall be used when such woman is in\nlabor, admitted to a hospital, institution or clinic for delivery, or\nrecovering after giving birth. Any such personnel as may be necessary to\nsupervise the woman during transport to and from and during her stay at\nthe hospital, institution or clinic shall be provided to ensure adequate\ncare, custody and control of the woman, except that no correctional\nstaff shall be present in the delivery room during the birth of a baby\nunless requested by the medical staff supervising such delivery or by\nthe woman giving birth. The superintendent or sheriff or his or her\ndesignee shall cause such woman to be subject to return to such\ninstitution or local correctional facility as soon after the birth of\nher child as the state of her health will permit as determined by the\nmedical professional responsible for the care of such woman. If such\nwoman is confined in a local correctional facility, the expense of such\naccommodation, maintenance and medical care shall be paid by such woman\nor her relatives or from any available funds of the local correctional\nfacility and if not available from such sources, shall be a charge upon\nthe county, 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 (d) 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 (e) The department shall report annually to the governor, the\ntemporary president of the senate, the minority leader of the senate,\nthe speaker of the assembly, the minority leader of the assembly, the\nchairperson of the senate crime victims, crime and correction committee\nand the chairperson of the assembly correction committee concerning\nevery use of restraints on a woman under this section, including the\nreason such restraint was used, the type of restraint used and the\nlength of time such restraint was used pursuant to paragraph (b) of this\nsubdivision, but shall exclude individual identifying information. The\nsheriff of each county shall report, in a form and manner prescribed by\nthe commission, every use of restraints on a woman under this section,\nincluding the reason such restraint was used, the type of restraint used\nand the length of time such restraint was used pursuant to paragraph (b)\nof this subdivision, annually to the commission. The commission shall\ninclude such information in its annual report pursuant to section\nforty-five of this chapter, but shall exclude identifying information\nfrom such report. Reports required by this section shall be posted on\nthe websites maintained by the department and the commission.\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