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New York City Council
Oversight - Maternal Health and Criminal Justice
Read summaries and jump into the video at the segment start.
Staff welcomes attendees to the joint hearing, asks phones and electronic devices to be silenced, explains appearance cards for testimony, and warns no one may approach the dais. Chair Farías is invited to begin.
Farías identifies herself as Women and Gender Equity chair, welcomes Criminal Justice chair Brooks-Powers, and acknowledges Councilmembers Morano and Caban. She frames the hearing on maternal health and criminal justice.
Farías says women are the fastest-growing incarcerated group, three in four are childbearing age, and incarcerated pregnant people face barriers like inconsistent prenatal care and shackling. She notes Black and low-income women are disproportionately affected.
Farías reports 52 incarcerated people were pregnant last year and describes gaps in mattresses, nutrition, outdoor time, safety, lactation support, and pregnancy education. She asks what CHS and DOC are doing to address these gaps.
Farías asks what correctional health services and DOC are doing to deliver maternal health services and invites Brooks-Powers to speak.
Brooks-Powers welcomes everyone and says pregnancy, childbirth, and postpartum require medical care, nutrition, reproductive health care, and mental health support. These needs do not disappear upon incarceration.
Brooks-Powers says pregnant people in custody rely on providers and staff to identify pregnancies, coordinate appointments, respond to complications, and provide postpartum care. She stresses screening for perinatal mood and anxiety disorders.
Brooks-Powers notes NYC has requirements for reporting pregnancy outcomes and prenatal/postnatal care, but asks how they work in practice. She wants to know how DOC and CHS coordinate care and whether people consistently receive services.
Brooks-Powers says the committee will consider how planned borough-based jails will accommodate pregnancy, childbirth recovery, breastfeeding, and parents with infants. She says planning requires clear procedures and resources for continuity of care.
Brooks-Powers lists Intro 902 by Councilmember Lee on mental health protocols and Resolutions 464, 497, and 498. She describes proposals on postpartum mental illness as a sentencing mitigator, prohibiting restraints, and postponing court proceedings.
Brooks-Powers thanks committee staff and her own staff, then says she looks forward to discussion with CHS, DOC, Board of Correction, advocates, and stakeholders. She turns the floor back to Chair Farías.
Farías says the committees will consider Intro 1144 by Councilmember Rita Joseph and others on gender-based violence analysis reporting. She also notes Intro 902 and Resolutions 464, 497, and 498.
Farías reminds people to fill out witness slips, indicate support or opposition, and notes no votes will be taken today. Testimony is limited to two minutes per person and council member questions to five minutes.
Staff administers the oath, asking witnesses to raise their right hands and affirm to tell the truth. Farías then tells witnesses they may begin.
Nancy Farias identifies herself as Chief of Nursing for NYC Health and Hospitals Correctional Health Services and introduces colleague Janette Merrill. She says CHS has been the direct physical and mental health provider for DOC custody since 2016.
Farias says women are about 8% of CHS patients, with 82% enrolled in mental health services, 47% diagnosed with serious mental illness, and 34% with opioid use disorder. She notes 52 pregnant individuals were in CHS care last calendar year.
Farias says incarceration disrupts community care, so CHS conducts comprehensive medical evaluations at admission. At Rosie's, staff obtain reproductive health history and offer pregnancy testing to all reproductive-age patients, with referrals for follow-up.
Farias says postpartum patients can see an OBGYN for postpartum or well-woman care. Pregnant patients receive prenatal labs, vitamins, on-site ultrasounds, education, and referrals to CHS and Elmhurst obstetricians.
Farias says patients with complex profiles receive care coordinated with Elmhurst Hospital, including joint telehealth visits and case conferences. Labor and delivery patients are transported to Elmhurst by FDNY EMS.
Farias says patients may apply to reside with infants in Rosie's Nursery, where CHS nurses provide clinical support. Mental health providers review history, interview patients, and develop treatment and reentry plans.
Farias says CHS provides counseling, medication, and therapeutic housing, and clinicians assess trauma and perinatal mood disorders. Pregnant and postpartum patients with diagnosed mental health disorders are closely monitored.
Farias says many pregnant patients have complex comorbidities requiring robust care coordination. CHS reentry staff connect patients to community resources, Medicaid, housing, and Elmhurst social workers for follow-up.
Farias says Intro 902 would require protocols for identifying, screening, referring, monitoring, and following up pregnant and postpartum individuals with mental health needs. CHS says it is the appropriate agency but wants language refined to avoid legislating clinical decision-making.
Valerie Greysock identifies herself as Assistant Commissioner in the Division of Programs and Community Partnerships. She says CHS provides medical and mental health care while DOC facilitates access through appointments, transportation, referrals, and accommodations.
Greysock says DOC offers doula services at Rosie's through the Caribbean Women's Health Association. Doulas provide birth planning, breastfeeding education, newborn care, and pregnancy loss support twice weekly, serving 20 women and over 400 hours from January to June.
Greysock says DOC operates a residential nursery where eligible mothers can stay with infants until the child's first birthday. Participation is voluntary, admission considers the child's best interest, and an early education counselor helps mothers.
Greysock says pregnancy and early parenthood are difficult during incarceration and the programs offer guidance, support, and bonding opportunities. She thanks the committees and welcomes questions.
Williams thanks the chairs and says pregnancy, childbirth, and postpartum needs do not change when a person is incarcerated. He says people in custody must receive timely medical care, mental health support, and dignity.
Williams cites ACOG guidance and says incarcerated pregnant people often face inadequate care, delayed obstetric responses, isolation during delivery, and shackling. He notes post-delivery separation increases postpartum depression risks.
Williams says Intro 902 would require DOC and CHS to establish written protocols for pregnant and postpartum individuals with mental health needs. He also supports resolutions to postpone court proceedings and prohibit restraints during labor and interrogation.
Williams says no one should be shackled during vulnerable medical moments and cites incidents involving Samantha Randazzo and Luz Burke. He notes Black and brown women are disproportionately affected and asks about continuity of care.
Hudson describes a pregnant woman who went into labor while handcuffed in Brooklyn Criminal Court. Resolution 497 would prohibit restraints during labor, delivery, postpartum recovery, and custodial interrogations; Resolution 498 would allow postponement of court proceedings in late pregnancy.
Hudson says no one should choose between health and navigating the criminal legal system, and temporary postponement does not end accountability. She urges the state legislature and governor to pass the protections.
Farías asks when individuals are screened for pregnancy. Jeanette Merrill says all new admissions receive comprehensive medical evaluations, and women of reproductive age at Rosie's receive pregnancy testing with referrals to CHS OBGYN.
Farías asks whether nurses are DOC or CHS staff and how medical emergencies are handled. Nancy Farias says CHS staff conduct intake and respond first to housing units, stabilizing patients and escalating as clinically needed.
Farías asks whether DOC follows the administrative code minimum of twice-weekly doula services for four hours with two doulas. Greysock says the Caribbean Women's Health Association is on site at least twice weekly for four hours.
Farías notes doula service hours rose to 426 hours from January to June 2026 and 438 hours from July to December 2025, compared with 148 hours in early 2025. Greysock attributes this to demand and doulas sometimes coming a third day.
Farías asks if doulas are compensated for extra hours. Greysock says yes through a DOC contract with the Caribbean Women's Health Association, which has been renewed and may be expanded.
Farías asks how long DOC has had the doula contract and whether it is open for RFP. Greysock says the contract has been renewed for several years, originally two years and currently one year, following procurement rules.
Farías asks when doula services started and whether they serve only Rosie's. Greysock says services began when the law took effect and the contract covers anyone pregnant or postpartum, though services typically occur at Rosie's.
Farías asks how doulas enter DOC facilities. Greysock says contracted providers and volunteers go through a volunteer ID process, allowing them to access the nursery or housing areas to meet women.
Farías asks what happens if a pregnancy is reported after intake. Merrill says the patient is referred to CHS OBGYN, prenatal vitamins and labs are ordered, and care is coordinated with Elmhurst.
Farías asks how many pregnant people missed scheduled prenatal or obstetric appointments because DOC did not produce them. Merrill reports non-production rates for on-island and off-island appointments across calendar years 2023, 2024, and 2025.
Farías asks how many people in DOC custody were transported for labor, delivery, or pregnancy-related emergencies. Merrill says 15 individuals gave birth in custody in 2023 and 2025 and were transported to Elmhurst.
Farías asks how many restraint incidents involving pregnant or postpartum people were recorded. Chelsea Chard says there have been zero reported incidents in the past three years, and explains DOC policy limits restraints to absolute last resort.
Brooks-Powers asks how medical information is shared between NYPD and DOC when custody changes. Chard says NYPD does not share medical information with DOC and people go through medical screening at the courthouse.
Brooks-Powers asks if pregnancy and postpartum screenings occur only at intake. Merrill says screenings occur primarily at intake but can be repeated as clinically indicated, including at subsequent clinic appointments.
Brooks-Powers asks how DOC ensures CHS is promptly notified when someone is identified as pregnant. Chard says intake screening is done by CHS, and DOC generally does not hold medical information or require disclosure.
Brooks-Powers asks for the racial demographic breakdown of pregnant people in DOC custody over three years. Merrill says CHS does not collect racial demographic information, though most women in care are Black and brown and all pregnancies are treated as higher risk.
Brooks-Powers asks where the nursery is located and its capacity. Greysock says it is at Rosie's with maximum occupancy of about 15 rooms for mothers and children, and mothers can keep infants overnight.
Brooks-Powers asks if there are enough nursery slots for every birthing person. Greysock says yes, but currently only one mother and infant are in the nursery while other pregnant individuals remain in general population.
Brooks-Powers asks what supports are available to parents and children in the nursery. Greysock describes doulas, social workers, correctional counselors, Our Children reentry support, and partnerships with WPA, Osborne, New Hour, and Homebase.
Brooks-Powers asks where nursery eligibility notices are posted and how the application process works. Merrill says the gender-related services team meets with every pregnant person and facilitates applications.
Brooks-Powers asks how DOC plans to house women and gender expansive people after Rikers closes. Nell Colon says Queens Detention Center is being considered, and Brooks-Powers questions limiting women to one borough.
Brooks-Powers asks for DOC's written policy governing restraints on pregnant people. Chard says policy aligns with state guidelines, emphasizes de-escalation, and permits front restraints only as a last resort for imminent harm.
Brooks-Powers revisits a September 23 hearing where General Counsel Conroy said deadlocking was not occurring, while Legal Aid testified clients were deadlocked. Chard says DOC cannot comment on ongoing litigation but maintains its prior position.
Brooks-Powers cites Board of Correction recommendations on mandatory reporting, audits, training, discipline, and tracking lock-in duration. Chard says DOC has reporting obligations for emergency lock-ins and supervisors should observe and correct violations.
Brooks-Powers asks whether DOC received additional allegations of deadlocking or involuntary individualized lock-ins in 2025 or 2026. Chard says DOC will have to follow up after the hearing.
Brooks-Powers describes testimony that white tags were placed on cell door switchboards to indicate deadlocked individuals. She asks whether staff are permitted to tag buttons and what the tags mean; Chard says she is not familiar and will follow up.
Farías asks whether CHS collects racial demographic data given the predominantly Black and Latina population. Merrill says race is not on the intake screening and historically has not informed treatment plans, though providers can ask if clinically indicated.
Farías asks if families are notified about the possibility of moving to the nursery. Greysock says DOC communicates directly with the person in care, and Colon says DOC generally does not contact family without consent.
Morano says it is extraordinary that babies live inside a jail and asks how many infants are currently and historically on Rikers. Colon says one infant currently and eight since 2022; Merrill says emergencies are transferred to Elmhurst.
Morano asks whether DOC tracks incarcerated women who are primary caregivers of minor children. Colon says information is self-reported and not tracked in a database, but new intake asks about children and coordinates with ACS when needed.
Morano asks where maternity and nursery services will be located under the borough-based jail plan. Colon says they are slated for the Queens Detention Complex, with capacity around 450 while 482 women are currently in custody.
Hudson asks whether medical personnel are consulted before restraints are applied to a pregnant person. Chard says restraints are used for imminent safety risk and may be applied without medical consultation, and medical providers cannot direct removal.
Hudson asks about annual pregnancy-related medical care expenditures. Merrill says CHS does not budget by diagnosis and most costs are staffing; a prenatal nurse position has been vacant for over a month and CHS is hiring.
Hudson asks for annual doula program expenditures. Colon says the contract was approximately $200,000 over four years, averaging about $50,000 per year.
Farías asks DOC to verbalize and send the current written policy governing restraints on pregnant people. Chard says the policy aligns with state law and exists in general and pregnancy-specific policies, and will confer internally about sharing it.
Farías asks how DOC aggregates restraint data and whether incidents involving other agencies are excluded. Chard explains custody transfers to NYPD or OCA and says reports are generated by the agency handling the person at the time.
Farías cites a May 2026 case where a nine-month pregnant woman gave birth in a Brooklyn courtroom and asks why it is not in DOC data. Chard says the person may have been in NYPD or OCA custody, not DOC custody.
Farías says she wants to understand whether DOC logs restraints when another agency takes custody during court or medical transport. Chard says each agency follows its own policies and reports, and Farías asks to discuss the specific case offline.
Farías asks whether someone can be transferred out of DOC custody and back in. Chard says chain of custody can occur with OCA escorts in court parts, which may create reporting distinctions.
Narcisse asks how soon after intake a pregnant woman is seen by an OBGYN. Nancy Farias says the goal is within a week, with appointment timing based on pregnancy status and clinical presentation.
Narcisse says legislation since 2009 prohibits shackling pregnant women and asks how many have given birth restrained. Chard says DOC has no such cases and describes intensive de-escalation before any last-resort restraints.
Farías asks whether the doula program working group meets every six months. Greysock says DOC participates at least twice yearly and has adopted recommendations on doula programs and support persons during birth.
Farías asks whether women are offered contraceptives before release and whether pregnant people can choose termination. Nancy Farias says reproductive health encounters include contraceptive options and positive pregnancy tests include options.
Farías asks whether correctional officers are present during pregnant patient exams or labor. Merrill says mental health screening occurs during medical evaluation and referrals can be made by CHS, DOC, legal aid, or external parties.
Brooks-Powers asks again whether medical personnel are consulted before restraints on a pregnant person. Chard says restraint decisions are safety determinations, not medical ones, made by staff observing imminent harm.
Melissa Cintron Hernandez identifies herself as BOC Interim Executive Director and General Counsel, joined by Katrina Blackman and Chensi Augustin. She describes BOC's mandate to set and enforce minimum standards for care, custody, and safety in city jails.
Cintron Hernandez says maternal health requires services throughout pregnancy and postpartum and coordination during emergencies. BOC monitors facilities, advocates for nursery improvements, and recommends reviewing the nursery application process.
Cintron Hernandez says studies show inconsistent maternal care in jails and adverse outcomes for children. She says BOC needs stronger monitoring and research capacity and supports alternatives to incarceration for expectant mothers.
Cintron Hernandez says BOC supports a higher standard of care than outside jail, including immediate mental health access and a dedicated dormitory for pregnant people. She notes risks of general population such as chemical agents and lack of specialized beds.
Cintron Hernandez says maternal health encompasses childbirth and the months after, requiring medical and mental health services, family contact, and continuity of care. She says BOC will oversee implementation and report concerns.
Brooks-Powers asks whether BOC has received complaints from pregnant or postpartum people. Cintron Hernandez says yes, including concerns about beds, healthy food, and access to medical and mental health care; Augustin describes women housed in general population during chemical agent incidents.
Brooks-Powers asks about complaint trends and quantification. Blackman says numbers vary with census and stresses that a dedicated housing area would concentrate care and make it easier to identify and serve pregnant and parenting women.
Brooks-Powers asks if BOC has analyzed the quality of services for pregnant or postpartum people. Cintron Hernandez says medical privacy limits full-scale analysis, but BOC monitors the nursery and addresses complaints.
Farías asks whether BOC is aware of young adults ages 18 to 21 in pregnancy housing or the nursery. Augustin says she has not checked ages but would not be surprised, and notes pregnant women are housed in general population.
Farías asks for BOC recommendations. Cintron Hernandez says the main recommendation is opening a dormitory for all pregnant people and reviewing the nursery application process to reduce intimidation and delays.
Farías asks for specific recommendations on expediting the nursery application. Cintron Hernandez suggests strict review deadlines; Blackman says the application has outdated language, redundant ACS questions, and literacy and language barriers.
Farías asks whether BOC rules adequately cover infant clothing and materials for children in the nursery. Cintron Hernandez says the rules do not address this and there is a gap in minimum standards that should be fixed.
Brooks-Powers asks what data BOC receives on pregnant and postpartum people. Cintron Hernandez says BOC receives a list of pregnant people in custody but medical privacy laws limit access to medical records, and expanded access would help oversight.
Narcisse asks how many pregnant women are currently in DOC custody. Cintron Hernandez says five women are pregnant or receiving postpartum care, plus one mother and child in the nursery.
Narcisse asks how many women gave birth while restrained. BOC says it has no reports of women in custody being restrained during labor or delivery.
Narcisse asks how long it takes to transport a woman in labor from Rosie's to the hospital. BOC says it will follow up with CHS and notes CHS testified patients are transported to Elmhurst; Narcisse stresses risks of delay.
Farías thanks BOC and says DOC and CHS will follow up on outstanding questions. She excuses the panel and opens the hearing to public testimony.
Farías reminds the public to observe decorum, limits testimony to two minutes, and explains how to submit written testimony. She calls the first panel: Hannah Mae Powers, Isabel Seta, Jillian Mazalewski, and Rachel Bronstein.
Hannah Mae Powers, health and safety policy analyst for Brooklyn Borough President Antonio Reynoso, supports Intro 902 and Resolutions 464 and 498. She cites high rates of perinatal mental health disorders and serious mental illness among incarcerated women.
Rachel Bronstein, Senior Director of Policy at Her Justice, supports Intro 1144 on gender-based violence data. She urges the city to include service provider and legal system data, not just law enforcement data, and to collect data on divorce proceedings.
Jillian Modzeleski directs the Women's Defense Project at Brooklyn Defender Services and supports Resolution 497. She says no one should labor or give birth behind bars or in restraints and calls for trauma-informed gynecological care.
Isabella Seda, Social Justice Community Organizer at New Hour, supports Resolution 497 without chapter amendments and Resolution 498. She also asks for broader postpartum diagnosis coverage and says health protocols should be established by health care professionals.
Gutiérrez asks about the current landscape for gynecological care and trauma-informed training. Modzeleski says there is only one gynecologist on Rikers and clients fear exams, so allowing provider choice and requiring trauma-informed training would help.
Olivia Pickard, staff attorney with the Incarcerated Mothers Law Project at Volunteers of Legal Service, supports Intro 902. She describes postpartum clients separated from newborns and asked to sign away parental authority without counsel.
Liz Swavola, Chief Impact Officer at WPA, supports anti-shackling and postpartum sentencing legislation. She says incarceration costs $500,000 per person at Rikers and urges investment in community-based care and closure of Rosie's.
Ziyadah Touré Mateen, a member of the Cattell Center for Equity, Health, and Justice, says conditions at Rikers are dire and pregnant women need wraparound services. She urges the council to reduce the jail population and close Rikers, including Rosie's.
Michael Tucker, with Community Hub and partner of Khalil's Cartel Center, asks the committee to audit DOC and CHS, freeze funding, and hold a hearing on Rikers Island. He says families are suffering and demands accountability.
Brooks-Powers thanks Tucker and says she has requested a hearing on Rikers Island but it has not been approved due to safety, security, and technology concerns. She says she continues to advocate for it.
Farías sees no questions, excuses the panel, and calls Christopher Johnson for the last panel. She asks if there is virtual testimony and, seeing none, calls Johnson one more time.
With no further witnesses or virtual testimony, Chair Farías adjourns the hearing.