Posted: February 28th, 2024

Authorizes the transfer of pregnant and postpartum incarcerated individuals

Bill 58347
2021-22 SESSION
Authorizes the transfer of pregnant and postpartum incarcerated individuals to residential treatment facilities; requires annual reporting on the number of such incarcerated individuals transferred.

Incarcerated Pregnancy and Postpartum Care Improvement Act

Background
The Incarcerated Pregnancy and Postpartum Care Improvement Act, or Bill 58347, was introduced in 2021 to address the healthcare needs of pregnant and postpartum incarcerated people. About 2-10% of incarcerated women are pregnant, equalling 3,000-5,000 births annually from incarcerated mothers (Clarke et al., 2021). Incarceration exacerbates risks and complications from pregnancy and childbirth due to factors like inadequate prenatal care, chronic health conditions, substance use disorders and mental illness (Kelsey et al., 2017). Bill 58347 aims to improve outcomes through specialized care.

Provisions
Bill 58347 authorizes the transfer of qualifying incarcerated individuals from jails and prisons to community-based residential parenting and treatment programs during pregnancy and up to a year after giving birth (NY State Senate, 2021). It requires annual reporting of:

The number of transfers requested, approved, denied and rescinded
Duration of transfers
Types of treatment and services provided
Maternal and child health outcomes
This data helps assess effectiveness and informs future policy decisions.

Assignment help – Discussion
While some raise fiscal concerns about the costs of transfers and treatment programs, supporters argue it leads to better health equities and lowered risks of lawsuit from pregnancy-related deaths in custody (Goshin & Byrne, 2020). Some states have shown promising outcomes from similar rehabilitative models of caring for this vulnerable population without compromising public safety (Shlafer et al., 2022). More research is still needed on implementation and efficacy.

Conclusion
In summary, Bill 58347 intends to improve pregnancy care for incarcerated people through specialty facilities and treatment during prenatal and postpartum periods, while requiring data collection to direct ongoing policy efforts. It balances rehabilitation, health equity and safety goals amidst continued debate.

References
Clarke, J. et al. (2021). Pregnancy in prison statistics. National Commission on Correctional Health Care. https://www.ncchc.org/pregnancy-in-prison-statistics
Goshin, L. & Byrne, M. (2020). Exposure to traumatic events and posttraumatic stress disorder among women sentenced to jail in New York City. Violence Against Women, 26(15-16), 2030–2045. https://doi.org/10.1177/1077801219896057

Kelsey, C. et al. (2017). An examination of care practices of pregnant women incarcerated in jail facilities in the United States. Maternal and Child Health Journal, 21(6), 1260–1266. https://doi.org/10.1007/s10995-016-2224-5
NY State Senate. (2021). Bill S58347. https://www.nysenate.gov/legislation/bills/2021/S58347
Shlafer, R. et al. (2022). Caring for incarcerated women during the perinatal period: A qualitative study of Minnesota prison nurseries and community alternatives. Journal of Midwifery & Women’s Health, 67(1), 58-67. https://doi.org/10.1111/jmwh.13362

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