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Senate approves bill to allow newborns to remain with incarcerated mothers in limited nursery program
Summary
The Senate passed a correction‑law bill authorizing a program that allows infants born to incarcerated women to remain with their mothers in a correctional nursery for an extended period; supporters said it protects infant development, critics said it risks long confinement for children.
The state Senate on Tuesday approved legislation amending the correction law to authorize expanded nursery placements for newborns born to incarcerated women, enabling infants and their mothers to remain together in certain correctional facilities for a specified period following birth.
Senator Cordell Salazar, sponsor and floor speaker for the measure, told colleagues the Compassion and Reproductive Equity (CARE) framework and focused policy work — much of it informed by Cornell Law students and advocates — supports keeping infants with parents in custody where qualified programs exist. “This breaks harmful patterns and achieves reproductive justice,” Salazar said on the floor, citing gaps in prenatal care and the harms caused by immediate separation.
Senator Martin objected, saying the bill could allow a child to remain inside a prison for up to 18 months and called that outcome “inhumane.” “Any bill that would allow for a child to remain in a prison for up to 18 months … is not something we should be voting in favor of on this floor,” Martin said.
Salazar and other backers said the bill is intended to ensure safe, licensed nursery programs with health care and oversight, not to leave children in harmful conditions. They cited that many incarcerated pregnant people lack prenatal care and that separating infants and parents can increase risks of poor outcomes.
The Senate roll call on the measure (listed as senate print 4583A in the calendar) recorded 38 yeas and 20 nays; the bill passed. The legislation directs agencies and sets standards for nurseries and oversight; implementation will depend on correctional facility participation and regulatory work following enactment.
Proponents urged careful, monitored implementation; opponents asked for stronger limits on duration or alternative placements in community settings. The bill will proceed for final processing and the governor’s consideration.
