§ 611. Births to incarcerated individuals of correctional institutions\nand care of children of incarcerated individuals of correctional\ninstitutions. 1. (a) If a woman confined in any institution or local\ncorrectional facility be pregnant and about to give birth to a child,\nthe superintendent or sheriff in charge of such institution or facility,\na reasonable time before the anticipated birth of such child, shall\ncause such woman to be removed from such institution or facility and\nprovided with comfortable accommodations, maintenance and medical care\nelsewhere, under such supervision and safeguards to prevent her escape\nfrom custody as the superintendent or sheriff or his or her designee may\ndetermine. No restraints of any kind shall be used during transport of\nsuch woman, a woman who is known to be pregnant by correctional\npersonnel or personnel providing medical services to the institution or\nlocal correctional facility, or a woman within eight weeks after\ndelivery or pregnancy outcome, absent extraordinary circumstances in\nwhich:\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 woman shall be permitted to have at least\none support person of her choosing accompany her in the delivery room\nand when such woman is in labor and recovering after giving birth. A\nsupport person shall not need to have visited the woman at a\ncorrectional facility prior to serving as a support person. A person may\nnot be denied eligibility to serve as a support person solely on the\nbasis of a past criminal conviction or that such person is on probation,\nconditional release, parole or post release supervision. Any decision by\nan agency to deny a woman's request to have a specific person serve as a\nsupport person shall be made with reasons specified in writing within\nfive days of her request and promptly provided to the woman. A support\nperson shall be notified immediately after such woman goes into labor,\nor immediately after a caesarean section or termination is scheduled. If\navail
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