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Senate passes bill creating program for infants born to incarcerated parents after heated floor debate
Summary
The Senate passed legislation addressing care for infants born to incarcerated parents (the CARE Act provisions), drawing sharp floor debate between senators who called the bill humane and others who opposed children remaining in correctional settings.
The New York State Senate on June 9 passed legislation that includes provisions to address the care of infants born to incarcerated parents, invoking the Compassion and Reproductive Equity (CARE) Act in floor discussion. The measure drew sharply divided remarks from senators who debated whether the bill would improve outcomes for infants and parents or inappropriately require infants to remain in correctional settings.
Senator Gustavo Rivera and other sponsors framed the bill as a step toward reproductive justice and better medical and postnatal care for pregnant and postpartum incarcerated people. Senator Rivera said the bill was designed so "no other child finds themselves... left to be taken care of" without safeguards. He described the 2023 incident in his district related to a fatal fentanyl exposure as an example of why stronger oversight and training were necessary in child care and inspection contexts; that bill was a separate public‑health measure he described earlier.
Opponents, including Senator George Borrello and Senator Kevin Martins, argued the proposal could leave infants housed in correctional settings for up to 18 months, which they called inhumane. "Any bill that would allow for a child to remain in a prison for up to 18 months and maybe longer, is inhumane," Martins said, and he said he would vote no.
Supporters urged colleagues to visit correctional nursery programs to see how they operate and cited research showing lack of prenatal care for incarcerated pregnant people. Senator Jessica Salazar (Salazar) highlighted research and advocacy by Cornell University's policy clinic and said that currently an estimated 45% of incarcerated pregnant people receive no prenatal care while incarcerated, increasing risks to infants. She called the legislation a necessary step to ensuring better prenatal and postpartum health and to reducing intergenerational harms.
The Senate proceeded to a recorded vote and the bill passed the chamber; the clerk announced the vote and listed senators who recorded no votes. Supporters said the legislation will improve maternal and infant health outcomes for a vulnerable and often overlooked population.
Why it matters: The legislation affects how the state treats pregnant and postpartum incarcerated people and their infants, with implications for health outcomes, corrections policy, and reproductive justice advocates. It also drew a notable floor divide about policy for babies born while parents are incarcerated.
What’s next: The bill will advance to the governor for action; implementation will require corrections and health departments to develop procedures in line with the law’s requirements.
