Section 611. Births to inmates of correctional institutions and care of children of inmates of correctional institutions

1. If a woman confined  in any institution as defined in paragraph  c  of  subdivision  four  of
  section  two  of  the  correction  law or local correctional facility as
  defined in paragraph (a) of subdivision sixteen of section  two  of  the
  correction  law,  be  pregnant  and  about to give birth to a child, the
  superintendent as defined in subdivision twelve of section  two  of  the
  correction  law  or  sheriff  as  defined  in paragraph c of subdivision
  sixteen of  section  two  of  the  correction  law  in  charge  of  such
  institution  or facility, a reasonable time before the anticipated birth
  of  such  child,  shall  cause  such  woman  to  be  removed  from  such
  institution  or  facility  and provided with comfortable accommodations,
  maintenance and medical  care  elsewhere,  under  such  supervision  and
  safeguards  to  prevent her escape from custody as the superintendent or
  sheriff or his or her designee may determine. No restraints of any  kind
  shall  be  used during transport to or from the hospital, institution or
  clinic  where  such  woman  receives   care;   provided,   however,   in
  extraordinary  circumstances,  where restraints are necessary to prevent
  such woman from injuring herself or medical or  correctional  personnel,
  such  woman  may  be  cuffed by one wrist. In cases where restraints are
  used, the superintendent or sheriff  shall  make  and  maintain  written
  findings as to the reasons for such use. No restraints of any kind shall
  be used when such woman is in labor, admitted to a hospital, institution
  or  clinic  for  delivery,  or  recovering  after giving birth. Any such
  personnel as may be necessary to supervise the woman during transport to
  and from and during her stay at  the  hospital,  institution  or  clinic
  shall  be  provided  to ensure adequate care, custody and control of the
  woman. The superintendent or sheriff or his or her designee shall  cause
  such  woman  to  be  subject  to  return  to  such  institution or local
  correctional facility as soon after the birth of her child as the  state
  of  her  health  will  permit  as determined by the medical professional
  responsible for the care of such woman. If such woman is confined  in  a
  local   correctional   facility,  the  expense  of  such  accommodation,
  maintenance and medical  care  shall  be  paid  by  such  woman  or  her
  relatives or from any available funds of the local correctional facility
  and  if  not  available  from  such  sources, shall be a charge upon the
  county, city or town in which is  located  the  court  from  which  such
  inmate  was committed to such local correctional facility. If such woman
  is confined in any institution under the control of the department,  the
  expense  of  such  accommodation,  maintenance and medical care shall be
  paid by such woman or her relatives  and  if  not  available  from  such
  sources,  such  maintenance and medical care shall be paid by the state.
  In cases where payment of such accommodations, maintenance  and  medical
  care  is  assumed by the county, city or town from which such inmate was
  committed the payor shall make payment by issuing payment instrument  in
  favor  of the agency or individual that provided such accommodations and
  services,  after  certification  has  been  made  by  the  head  of  the
  institution  to  which the inmate was legally confined, that the charges
  for such accommodations, maintenance and medical care were necessary and
  are just, and that the institution  has  no  available  funds  for  such
  purpose.
    2. A child so born may be returned with its mother to the correctional
  institution  in  which  the  mother is confined unless the chief medical
  officer of the correctional institution shall certify that the mother is
  physically unfit to care for the child, in which case the  statement  of
  the  said  medical  officer  shall  be  final. A child may remain in the
  correctional institution with  its  mother  for  such  period  as  seems
  desirable for the welfare of such child, but not after it is one year of

  age,  provided,  however, if the mother is in a state reformatory and is
  to be paroled shortly after the child becomes  one  year  of  age,  such
  child  may  remain at the state reformatory until its mother is paroled,
  but  in  no  case after the child is eighteen months old. The officer in
  charge of such institution may cause a child cared for therein with  its
  mother  to  be removed from the institution at any time before the child
  is one year of age. He shall make provision for a child removed from the
  institution without its mother or a child born to a woman inmate who  is
  not returned to the institution with its mother as hereinafter provided.
  He  may,  upon proof being furnished by the father or other relatives of
  their ability to properly care for and maintain  such  child,  give  the
  child  into  the care and custody of such father or other relatives, who
  shall thereafter maintain the same at their own  expense.  If  it  shall
  appear  that  such father or other relatives are unable to properly care
  for and maintain such child, such officer shall place the child  in  the
  care  of  the  commissioner  of public welfare or other officer or board
  exercising in relation to children the power of a commissioner of public
  welfare of the county from which such inmate was committed as  a  charge
  upon  such county. The officer in charge of the correctional institution
  shall send to such commissioner,  officer  or  board  a  report  of  all
  information  available  in  regard  to  the  mother  and the child. Such
  commissioner of public welfare or other officer or board shall care  for
  or  place  out  such  child  as  provided  by law in the case of a child
  becoming dependent upon the county.
    3. If any woman, committed to any such correctional institution at the
  time of such commitment is the mother of a nursing  child  in  her  care
  under  one year of age, such child may accompany her to such institution
  if she is physically fit to have the care of such child, subject to  the
  provisions of subdivision two of this section. If any woman committed to
  any such institution at the time of such commitment is the mother of and
  has  under  her  exclusive  care  a  child more than one year of age the
  justice or magistrate committing such woman shall refer  such  child  to
  the  commissioner of public welfare or other officer or board exercising
  in relation to children the power of a commissioner of public welfare of
  the county from which the woman is committed to be cared for as provided
  by law in the case of a child becoming dependent upon the county.