Res 0497-2026

Res. No. 497 ..Title Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.2667C/A.1670A, in relation to prohibiting the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation ..Body By Council Members Hudson, Oss�, Nurse, Guti�rrez, Joseph, Cab�n, Far�as, Louis, Restler, Aldebol and Maloney Whereas, Pregnant, laboring, and postpartum incarcerated individuals face unique medical needs that require mobility, timely healthcare, and appropriate pregnancy-related medical treatment; and Whereas, The use of restraints on pregnant individuals during labor, delivery, postpartum recovery, or while receiving pregnancy-related medical care can interfere with medical treatment, increase health risks, and undermine the safety and dignity of both the parent and child; and Whereas, Medical experts have found that shackling pregnant individuals can increase the risk of falls, interfere with labor and delivery, delay emergency medical treatment, restrict movement necessary for safe childbirth, and contribute to physical and psychological harm; and Whereas, Medical and public health organizations, including the American Medical Association and the American College of Obstetricians and Gynecologists, oppose the use of restraints on pregnant individuals during labor, delivery, and postpartum recovery because such practices are inconsistent with accepted medical standards; and Whereas, Although New York State enacted protections against shackling pregnant incarcerated individuals in 2009, gaps and exceptions in current law have allowed the continued use of restraints in certain custodial settings and under broadly defined circumstances; and Whereas, Existing law does not explicitly prohibit the use of force, including chemical agents, tasers, and other coercive measures, against pregnant and postpartum incarcerated individuals, despite the potential risks such force poses to maternal, fetal, and infant health; and Whereas, In 2021, an individual received a $750,000 settlement after being shackled at her wrists and ankles while in active labor under New York City custody, highlighting concerns regarding the continued use of restraints on pregnant individuals despite existing legal protections; and Whereas, S.2667C, sponsored by New York State Senator Julia Salazar, and A.1670A, sponsored by New York State Assemblymember Linda Rosenthal, would prohibit the use of restraints on incarcerated individuals during labor, delivery, postpartum recovery, or following any pregnancy outcome, and would extend these protections to pregnant and post-pregnancy individuals in law enforcement custody and during custodial interrogations, except in narrowly defined extraordinary circumstances where only wrist restraints may be used; and Whereas, S.2667C/A.1670A would further restrict the use of force against pregnant and post-pregnancy individuals, allow individuals to be accompanied by a support person during pregnancy-related medical care, and establish reporting requirements to promote transparency and accountability whenever exceptions to these protections are invoked; and Whereas, Strengthening statutory protections for pregnant and postpartum incarcerated individuals would help align New York law with established medical guidance, advance reproductive justice and equal treatment, and promote the health, safety, dignity, and well-being of incarcerated parents and their children; now, therefore, be it Resolved, that the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.2667C/A.1670A, in relation to prohibiting the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation. CMB LS#24496 6/4/26