S T A T E O F N E W Y O R K
________________________________________________________________________
1607--B
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, KELLES, CRUZ, GLICK, SEAWRIGHT, REYES,
DAVILA, LUCAS, SIMON, SHIMSKY, LEVENBERG, TAPIA, SIMONE, RAGA,
BURDICK, WEPRIN, LAVINE, GONZALEZ-ROJAS, PAULIN, MEEKS, HEVESI,
BURROUGHS, GALLAGHER, OTIS, FORREST, GIBBS -- read once and referred
to the Committee on Correction -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Correction in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to providing breast
pumps to certain incarcerated nursing birth parents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 611 of the correction law is amended by adding four
new subdivisions 5, 6, 7 and 8 to read as follows:
5. A PERSON WHO GIVES BIRTH IN A HOSPITAL OR MEDICAL FACILITY WHILE IN
THE CUSTODY OF AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL BE
PERMITTED TO KEEP ALL HEALTH AND NEWBORN RELATED SUPPLIES AND EQUIPMENT
PROVIDED TO THEM BY THE HOSPITAL OR MEDICAL FACILITY UPON THEIR RETURN
TO THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY, INCLUDING BUT NOT
LIMITED TO DIAPERS, BREAST PUMP EQUIPMENT, BREASTFEEDING SUPPLIES,
BREAST PADS, SANITARY NAPKINS, UNDERWEAR, WATER BOTTLE, HEATING PAD,
PERINEAL SQUIRT BOTTLES, SITZ BATHS, AND HEALTH CREAMS, OINTMENTS, AND
SPRAYS. SUCH PERSON AND THEIR NEWBORN SHALL BE PROVIDED WITH UNINTER-
RUPTED ACCESS TO THERAPEUTICALLY EQUIVALENT MEDICATION AS PRESCRIBED BY
MEDICAL PERSONNEL AT THE HOSPITAL OR MEDICAL FACILITY FOR A DURATION
CONSISTENT WITH THE TIMEFRAME PRESCRIBED BY SUCH PERSONNEL.
6. FOR PURPOSES OF THIS SUBDIVISION, A "BREASTFEEDING PARENT" SHALL
MEAN A PARENT INCARCERATED IN AN INSTITUTION OR LOCAL CORRECTIONAL
FACILITY WHO IS ABLE TO PRODUCE BREAST MILK OF ANY AMOUNT.
(A) A BREASTFEEDING PARENT SHALL HAVE THE RIGHT TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04407-16-6
A. 1607--B 2
(I) BREASTFEED THEIR CHILD CONSISTENT WITH SUBDIVISION THREE OF
SECTION TWENTY-FIVE HUNDRED FIVE-A OF THE PUBLIC HEALTH LAW WHEN SUCH
CHILD REMAINS IN THE INSTITUTION OR LOCAL CORRECTIONAL FACILITY WITH THE
BREASTFEEDING PARENT;
(II) BREASTFEED THEIR CHILD IN ANY LOCATION CONSISTENT WITH SECTION
SEVENTY-NINE-E OF THE CIVIL RIGHTS LAW OR USE A BREAST PUMP OR EXPRESS
BREAST MILK IN ANY LOCATION, PROVIDED THAT THE INSTITUTION OR LOCAL
CORRECTIONAL FACILITY HAS AUTHORIZED SUCH PARENT AND THEIR CHILD TO BE
IN SUCH LOCATION;
(III) BREASTFEED AND EXPRESS BREAST MILK AT A FREQUENCY DETERMINED BY
SUCH PARENT;
(IV) STORE BREAST MILK AT THE INSTITUTION OR LOCAL CORRECTIONAL FACIL-
ITY;
(V) PERSONAL POSSESSION OF AN ELECTRIC AND MANUAL PUMP; AND
(VI) IF SUCH PARENT IS NOT LIVING WITH THEIR CHILD, DESIGNATE AN INDI-
VIDUAL IN THE COMMUNITY TO GATHER BREAST MILK FROM THE INSTITUTION OR
LOCAL CORRECTIONAL FACILITY FOR THE PURPOSE OF DELIVERING THE BREAST
MILK TO THEIR CHILD.
(B) A BREASTFEEDING PARENT SHALL NOT BE REQUIRED TO BREASTFEED OR
SHALL NOT BE DISCRIMINATED AGAINST OR PENALIZED IN ANY WAY FOR ANY
BREASTFEEDING DECISIONS AND ACTIONS CONSISTENT WITH PARAGRAPH (A) OF
THIS SUBDIVISION.
(C) A BREASTFEEDING PARENT PARTICIPATING IN JOBS AND PROGRAMS SHALL
NOT BE PENALIZED FOR ENGAGING IN ACTIVITIES CONSISTENT WITH SECTION TWO
HUNDRED SIX-C OF THE LABOR LAW, AND SHALL BE PROVIDED WITH THE SAME
ACCOMMODATIONS AS REQUIRED UNDER SUCH SECTION OF THE LABOR LAW.
(D) A BREASTFEEDING PARENT SHALL BE PROVIDED WITH THE FOLLOWING:
(I) A PERSONAL DOUBLE ELECTRIC PUMP WITH ASSOCIATED PARTS INCLUDING
FLANGES; VALVES, MEMBRANES, CONNECTIONS, TUBES, AND COLLECTION BOTTLES,
WHICH THE PARENT SHALL BE PERMITTED TO KEEP UPON RELEASE OR RELOCATION;
(II) A PERSONAL MANUAL PUMP, WHICH THE PARENT SHALL BE PERMITTED TO
KEEP UPON RELEASE OR RELOCATION;
(III) A PERSONAL BREASTFEEDING COVER, PERSONAL PILLOW, AND OTHER
PERSONAL ITEMS THAT ALLOW FOR COMFORT AND PRIVACY DURING BREASTFEEDING
AND EXPRESSING BREAST MILK, WHICH THE PARENT SHALL BE PERMITTED TO KEEP
UPON RELEASE OR RELOCATION;
(IV) COMPREHENSIVE CURRENT INFORMATION ABOUT BREASTFEEDING AND LACTA-
TION THAT REFLECTS STANDARDS OF THE DEPARTMENT OF HEALTH IN A LANGUAGE
AND MANNER UNDERSTANDABLE TO SUCH PARENT; AND
(V) ACCESS TO BREASTFEEDING AND LACTATION ASSISTANCE FROM PERSONNEL
WITH RELEVANT EXPERTISE.
(E) RESTRICTIONS ON PERSONAL POSSESSION OF AN ELECTRIC AND MANUAL PUMP
SHALL INCLUDE:
(I) A BREASTFEEDING PARENT'S PERSONAL POSSESSION OF AN ELECTRIC AND
MANUAL PUMP MAY BE RESTRICTED ONLY IN THE EVENT THAT SUCH PERSONAL
POSSESSION WOULD POSE A RISK OF SERIOUS BODILY HARM TO THEMSELF OR
OTHERS, AND PROVIDED THAT SUCH RESTRICTION SHALL BE FOR THE SHORTEST
DURATION AND THE LEAST RESTRICTIVE MEANS NECESSARY TO MANAGE SUCH RISK.
NOTWITHSTANDING ANY RESTRICTION, THE BREASTFEEDING PARENT SHALL CONTINUE
TO BE PROVIDED THE OPPORTUNITY TO EXPRESS BREAST MILK AT THE FREQUENCY
DETERMINED BY SUCH BREASTFEEDING PARENT.
(II) IN THE EVENT THAT A DETERMINATION IS MADE TO RESTRICT A BREAST-
FEEDING PARENT'S PERSONAL POSSESSION OF AN ELECTRIC AND/OR MANUAL PUMP
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, CORRECTIONAL PERSONNEL
SHALL CONTEMPORANEOUSLY DOCUMENT IN WRITING THE FACTS ON WHICH THE
DETERMINATION WAS BASED. THIS DOCUMENTATION SHALL INCLUDE, TO THE EXTENT
A. 1607--B 3
PRACTICABLE, THE MEANS BY WHICH PERSONAL POSSESSION OF PUMPING EQUIPMENT
WAS RESTRICTED, WHAT EFFORTS WERE MADE TO MITIGATE THE RISK OF HARM, THE
DURATION OF THE RESTRICTION, AND WHAT ALTERNATIVE ARRANGEMENTS WERE MADE
TO FACILITATE EXPRESSION OF BREAST MILK WHILE THE RESTRICTION WAS IN
EFFECT.
(III) THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE
ACTIONS TAKEN PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, INCLUD-
ING, BUT NOT LIMITED TO, THE NUMBER OF TIMES A BREASTFEEDING PARENT'S
PERSONAL POSSESSION OF AN ELECTRIC AND/OR MANUAL PUMP WAS RESTRICTED.
(F) A PREGNANT PERSON OR BREASTFEEDING PARENT MAY EXPLICITLY INFORM
MEDICAL PERSONNEL THAT THEY DO NOT WISH TO RECEIVE ANY OR ALL OF THE
ITEMS TO WHICH THEY ARE ENTITLED UNDER SUBPARAGRAPHS (I), (II) AND (III)
OF PARAGRAPH (D) OF THIS SUBDIVISION, PROVIDED, HOWEVER, THAT SUCH
PARENT MAY, AT ANY POINT, CHANGE THEIR MIND AND REQUEST SUCH ITEMS, AND
THEY SHALL BE PROVIDED.
(G) UPON THE REQUEST OF A PARENT IN CUSTODY WHO LIVES WITH THEIR CHILD
PURSUANT TO SUBDIVISION TWO OR THREE OF THIS SECTION, SUCH PARENT SHALL
BE PROVIDED INFANT FORMULA THAT MEETS STANDARDS AND NUTRIENT REQUIRE-
MENTS SET FORTH BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. IF
SUCH PARENT DETERMINES THAT THEIR INFANT IS INTOLERANT TO OR OTHERWISE
MADE PHYSICALLY UNCOMFORTABLE BY THE FORMULA PROVIDED, AN ALTERNATE
FORMULA SHALL BE PROVIDED AND AN OPPORTUNITY TO DISCUSS FORMULA RELATED
ISSUES WITH PERSONNEL PROVIDING LACTATION CARE AND PEDIATRIC CARE SHALL
BE MADE AVAILABLE.
(H) ONLY ORGANIZATIONS AND AGENCIES THAT ARE IN COMPLIANCE WITH
SECTION 37-0505 OF THE ENVIRONMENTAL CONSERVATION LAW SHALL BE ELIGIBLE
SUPPLIERS OF BREAST PUMP PARTS AND BREAST MILK STORAGE DEVICES.
(I) BREAST PUMP PARTS AND BREAST MILK STORAGE DEVICES SHALL BE CLEANED
AT A FREQUENCY CONSISTENT WITH REGULATIONS SET FORTH BY THE DEPARTMENT
OF HEALTH.
(J) AN INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL PROMPTLY
COLLECT, LABEL, SAFELY HANDLE, AND STORE BREAST MILK IN A REFRIGERATOR
OR COMPARABLE COOLING UNIT CONSISTENT WITH MILK STORAGE GUIDELINES SET
FORTH BY THE AMERICAN ACADEMY OF PEDIATRICS UNTIL IT IS READY FOR
CONSUMPTION BY THE CHILD OF A BREASTFEEDING PARENT OR FOR PICK-UP BY A
DESIGNATED INDIVIDUAL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
THE COLLECTION, STORAGE, AND PICK-UP OF BREAST MILK SHALL BE LOGGED,
INCLUDING DATE AND TIME, BY THE INSTITUTION OR LOCAL CORRECTIONAL FACIL-
ITY. THE CHIEF ADMINISTRATIVE OFFICER, IN CONSULTATION WITH THE CHIEF
MEDICAL OFFICER OF EACH INSTITUTION OR LOCAL CORRECTIONAL FACILITY SHALL
DEVELOP AND IMPLEMENT WRITTEN POLICIES AND PROCEDURES FOR THE SAFE
HANDLING AND STORAGE OF BREAST MILK CONSISTENT WITH THE REQUIREMENTS OF
THIS SECTION.
7. (A) THE DEPARTMENT AND COMMISSION SHALL COMPILE DATA OUTLINED IN
PARAGRAPH (B) OF THIS SUBDIVISION FOR AN ANNUAL REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEM-
BLY, THE CHAIRPERSON OF THE SENATE HEALTH COMMITTEE, THE CHAIRPERSON OF
THE SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE, THE CHAIR-
PERSON OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY
CORRECTION COMMITTEE, THE CHAIRPERSON OF THE LEGISLATIVE WOMEN'S CAUCUS,
AND THE CHAIRPERSON OF THE BLACK, PUERTO RICAN, HISPANIC AND ASIAN
LEGISLATIVE CAUCUS. DATA COMPILED PURSUANT TO SUBPARAGRAPHS (I) THROUGH
(VIII) OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE DISAGGREGATED BY
INSTITUTION AND LOCAL CORRECTIONAL FACILITY AND SHALL NOT INCLUDE
A. 1607--B 4
PERSONALLY IDENTIFIABLE INFORMATION. DATA COMPILED PURSUANT TO SUBPARA-
GRAPHS (IX) THROUGH (XIX) OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
REPORTED IN THE AGGREGATE ACROSS ALL LOCAL CORRECTIONAL FACILITIES AND
ACROSS ALL INSTITUTIONS AND SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE
INFORMATION. REPORTS ISSUED PURSUANT TO THIS PARAGRAPH SHALL BE POSTED
ON THE WEBSITES MAINTAINED BY THE DEPARTMENT AND THE COMMISSION.
(B) EACH INSTITUTION AND LOCAL CORRECTIONAL FACILITY SHALL WORK WITH
RELEVANT PERSONNEL AND CONTRACTED EXTERNAL HEALTH CARE PROVIDERS TO
COLLECT AND RECORD THE FOLLOWING DATA AND PROVIDE IT IN A MANNER THAT
DOES NOT INCLUDE PERSONALLY IDENTIFIABLE INFORMATION TO THE DEPARTMENT
AND THE COMMISSION FOR THE PURPOSE OUTLINED IN PARAGRAPH (A) OF THIS
SUBDIVISION. EACH INSTITUTION AND LOCAL CORRECTIONAL FACILITY SHALL
MAINTAIN DATA COLLECTED PURSUANT TO THIS SECTION FOR AT LEAST TEN YEARS
IN AN EASILY RETRIEVABLE AND SEARCHABLE FORMAT, WHICH SHALL INCLUDE:
(I) THE NUMBER OF INDIVIDUALS KNOWN TO BE PREGNANT UPON ADMISSION;
(II) THE NUMBER OF INDIVIDUALS IDENTIFIED AS BEING PREGNANT WHILE IN
CUSTODY, INCLUDING THE NUMBER PARTICIPATING IN A WORK RELEASE PROGRAM
AND THE NUMBER IN CUSTODY FOR A PAROLE VIOLATION;
(III) THE AVERAGE DAILY CENSUS OF PREGNANT INDIVIDUALS;
(IV) FOR INSTITUTIONS WITH A NURSERY PROGRAM, THE NUMBER OF NURSERY
BEDS AVAILABLE AND THE NUMBER OF BEDS UTILIZED EACH MONTH;
(V) THE LENGTH OF TIME BETWEEN EACH NURSERY APPLICATION AND DECISION,
THE LENGTH OF TIME BETWEEN EACH DECISION AND THE BIRTH OF THE CHILD, AND
IF ADMISSION IS GRANTED, THE LENGTH OF TIME BETWEEN THE DECISION AND
PLACEMENT OF THE INDIVIDUAL IN THE NURSERY;
(VI) THE SPECIFIC AND DETAILED REASONS FOR NURSERY APPLICATION
DENIALS, INCLUDING HOW THEY MAY RELATE TO THE CRIME OF CONVICTION, CRIM-
INAL RECORD, CUSTODIAL HISTORY, HISTORY OF VIOLENCE, HISTORY OF INVOLVE-
MENT WITH CHILD PROTECTIVE SERVICES, OR HISTORY OF SUBSTANCE USE OF THE
INDIVIDUAL, THE MENTAL OR PHYSICAL HEALTH CONDITIONS OF THE INDIVIDUAL
OR CHILD, OR THE SAFETY OF THE INDIVIDUAL, CHILD, OR OTHERS IN THE NURS-
ERY;
(VII) THE NUMBER OF INDIVIDUALS REMOVED FROM THE NURSERY;
(VIII) THE SPECIFIC AND DETAILED REASONS FOR REMOVALS FROM THE NURS-
ERY, INCLUDING HOW THEY MAY RELATE TO THE CRIME OF CONVICTION, CRIMINAL
RECORD, CUSTODIAL HISTORY, HISTORY OF VIOLENCE, HISTORY OF INVOLVEMENT
WITH CHILD PROTECTIVE SERVICES, OR HISTORY OF SUBSTANCE USE OF THE INDI-
VIDUAL, THE MENTAL OR PHYSICAL HEALTH CONDITIONS OF THE INDIVIDUAL OR
CHILD, AND THE SAFETY OF THE INDIVIDUAL, CHILD, OR OTHERS IN THE NURS-
ERY;
(IX) THE NUMBER OF INDIVIDUALS WHO APPLY FOR A NURSERY PROGRAM, DISAG-
GREGATED BY RACE, ETHNICITY, GENDER IDENTITY, AGE, CRIME OF CONVICTION,
AND COUNTY OF CONVICTION;
(X) THE NUMBER OF INDIVIDUALS WHOSE APPLICATIONS TO A NURSERY PROGRAM
ARE DENIED, DISAGGREGATED BY RACE, ETHNICITY, GENDER IDENTITY, AGE,
CRIME OF CONVICTION, AND COUNTY OF CONVICTION;
(XI) THE NUMBER OF INDIVIDUALS WHO ARE REMOVED FROM A NURSERY PROGRAM,
DISAGGREGATED BY RACE, ETHNICITY, GENDER IDENTITY, AGE, CRIME OF
CONVICTION, AND COUNTY OF CONVICTION;
(XII) THE NUMBER OF BABIES WHO RETURN TO AN INSTITUTION WITH THEIR
PARENT, DISAGGREGATED BY THE RACE OF THE BIRTHING PARENT;
(XIII) THE NUMBER OF BABIES WHO DO NOT RETURN TO AN INSTITUTION WITH
THEIR PARENT AND WHERE THOSE BABIES ARE PLACED, INCLUDING NON-KINSHIP
FOSTER CARE, KINSHIP FOSTER CARE, WITH THE OTHER PARENT, WITH A FRIEND,
AND WITH A FAMILY MEMBER NOT IN FOSTER CARE;
A. 1607--B 5
(XIV) THE NUMBER OF BABIES REMOVED FROM A NURSERY PROGRAM AND WHERE
THOSE BABIES ARE PLACED, INCLUDING NON-KINSHIP FOSTER CARE, KINSHIP
FOSTER CARE, WITH THE OTHER PARENT, WITH A FRIEND, AND WITH A FAMILY
MEMBER NOT IN FOSTER CARE;
(XV) THE NUMBER OF BABIES WHO RETURN TO THE COMMUNITY WITH THEIR
PARENT AFTER BEING IN A NURSERY PROGRAM AND THE LENGTH OF TIME SPENT IN
THE NURSERY;
(XVI) THE NUMBER OF PREGNANT INDIVIDUALS, DISAGGREGATED BY RACE,
ETHNICITY, GENDER IDENTITY, AGE, CRIME OF CONVICTION, AND COUNTY OF
CONVICTION;
(XVII) THE NUMBER OF ECTOPIC PREGNANCIES, MOLAR PREGNANCIES,
ABORTIONS, MISCARRIAGES, STILLBIRTHS, VAGINAL DELIVERIES, AND CAESAREAN
DELIVERIES;
(XVIII) THE NUMBER OF PREGNANCIES DETERMINED BY MEDICAL PERSONNEL TO
BE HIGH RISK AND THE REASONS FOR SUCH DETERMINATIONS; AND
(XIX) THE GESTATIONAL AGES AT DELIVERY OF ALL NEWBORNS, BIRTH WEIGHTS
OF ALL NEWBORNS, AND DURATIONS OF ALL STAYS IN A NEONATAL INTENSIVE CARE
UNIT.
8. ANY PERSON CONFINED IN AN INSTITUTION OR LOCAL CORRECTIONAL FACILI-
TY THAT HOUSES PREGNANT OR POSTPARTUM INDIVIDUALS OR INDIVIDUALS WHO MAY
BECOME PREGNANT SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER
UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS CONTAINED IN EACH SUBDIVI-
SION OF THIS SECTION UPON THEIR ADMISSION, REGARDLESS OF THE INSTITUTION
OR LOCAL CORRECTIONAL FACILITY IN WHICH THEY ARE HOUSED, IF THEY ARE
KNOWN TO BE PREGNANT OR TO BE A BREASTFEEDING PARENT, OR TO BE ELIGIBLE
FOR THEIR CHILD TO JOIN THEM IN AN INSTITUTION OR LOCAL CORRECTIONAL
FACILITY PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION. THE
SUPERINTENDENT OR SHERIFF SHALL PUBLISH NOTICE OF THE REQUIREMENTS
CONTAINED IN EACH SUBDIVISION OF THIS SECTION IN PROMINENT LOCATIONS
WHERE PREGNANCY RELATED CARE AND CHILD RELATED CARE ARE PROVIDED. THE
DEPARTMENT AND THE SHERIFF SHALL PROVIDE ANNUAL TRAINING ON THE
PROVISIONS CONTAINED IN EACH SUBDIVISION OF THIS SECTION FOR ALL CORREC-
TIONAL, CIVILIAN AND VOLUNTEER PERSONNEL WHO ARE INVOLVED IN THE TRANS-
PORTATION, SUPERVISION OR CARE OF PREGNANT PEOPLE OR BREASTFEEDING
PARENTS, AS DEFINED IN SUBDIVISION SIX OF THIS SECTION, OR PARENTS
ELIGIBLE FOR THEIR CHILD TO JOIN THEM IN AN INSTITUTION OR LOCAL CORREC-
TIONAL FACILITY PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION.
§ 2. This act shall take effect immediately.