New York Assembly Bill A01390

New York 2025-2026 Regular Session

• Introduced: 1/9/25
• Refer: 1/9/25
• Refer: 1/7/26

Caption

Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.

Summary

This bill would amend New York’s correction law to allow the Commissioner of Corrections to transfer certain pregnant and postpartum incarcerated individuals from correctional facilities to residential treatment facilities. The authorization would apply to incarcerated individuals who are pregnant for the duration of the pregnancy and up to one year postpartum, and to individuals who gave birth within eight months of being committed to a correctional facility for up to one year after giving birth. The bill also allows the commissioner to condition these transfers on participation in prenatal or postnatal care, bonding with the child, parenting programming, paid work, job seeking, vocational training, education, or chemical dependency and mental health treatment. The commissioner would be required to develop implementation policies and regulations consistent with public safety and correctional practice, and to report annually to the Legislature on the number and duration of transfers made under the new authority.

Impact

The bill would create a new section 72-d in the correction law and expand section 73 to expressly include pregnant and postpartum incarcerated individuals among those eligible for transfer to residential treatment facilities. In effect, it adds a new statutory pathway for custody placement outside a traditional correctional facility for this population, while keeping the individuals under Department of Corrections custody and supervision. It also imposes a new annual reporting requirement to the Legislature, which would increase oversight and data collection on the use of these transfers.

Sentiment

Based on the bill’s sponsorship and framing, the measure appears to be driven by a rehabilitative and public-health approach, emphasizing prenatal care, postnatal recovery, parent-child bonding, and access to supportive services. The available record shows no committee transcript or vote history, so there is no documented opposition or recorded floor debate in the materials provided. Overall, the bill’s tone suggests support for alternatives to incarceration for pregnant and postpartum people, with an emphasis on safety and structured treatment settings.

Contention

The main potential points of contention are likely to be public safety, correctional discretion, and the scope of eligibility for transfer. The bill gives the commissioner authority to condition transfers and to set rules based on public safety and accepted correctional practice, which suggests concern about balancing treatment goals with institutional security. Another possible issue is whether the one-year postpartum window and eligibility for those who gave birth within eight months of commitment are too broad or too narrow, but no specific objections are documented in the provided materials. Because there are no transcripts or votes, no named opponents or supporters beyond the sponsors can be identified from the record.