S T A T E   O F   N E W   Y O R K
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    S. 1340--A                                            A. 3755--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 28, 2009
                               ___________

IN SENATE -- Introduced by Sens. MONTGOMERY, DIAZ, DUANE, HASSELL-THOMP-
  SON,  KLEIN,  ONORATO,  PARKER,  SAMPSON,  THOMPSON  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of  A.  ROBINSON,  TITUS,  O'DONNELL  --
  Multi-Sponsored by -- M. of A. COOK, GLICK, McENENY, PEOPLES, TOWNS --
  read  once  and  referred  to the Committee on Correction -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to create a temporary state commission to study  and  investigate
  sexual  misconduct in state correctional facilities; and providing for
  the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative findings. The legislature hereby acknowledges
that inmates and residents are vulnerable to sexual assault  from  other
inmates and employees of state facilities charged with the duty of care,
custody  and  control  of  inmates  and  residents.   In addition to the
abusive and coercive nature of sexual misconduct, such behavior may also
increase the incidence of sexually transmitted diseases  and  unintended
pregnancies.
  Furthermore,  the  legislature  finds  that additional rules and regu-
lations may be necessary to reduce the  risk  of  sexual  misconduct  by
employees  of  such facilities.  Therefore, the legislature hereby finds
and declares that a temporary commission is necessary to study the prob-
lem and recommend measures to rectify such circumstances.
  S 2. A temporary state commission, to be known as the temporary  state
commission on custodial sexual misconduct (hereinafter "commission"), is
hereby  created  to  study  the  prevalence of sexual misconduct between

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01483-02-9
              

S. 1340--A                          2                         A. 3755--A

inmates in state correctional  facilities,  or  residents  placed  in  a
facility  operated  by  the  office of children and family services, and
employees as defined in paragraphs (e)  and  (g)  of  subdivision  3  of
section 130.05 of the penal law, and make recommendations concerning the
need,  if  any,  for additional legislation and/or regulations to reduce
the incidence of sexual misconduct in such facilities.   The  commission
shall  further  study  the need, if any, to devise a notification system
whereby incidences of sexual misconduct are  promptly  reported  to  the
appropriate authorities, and recommend safeguards to prevent such sexual
misconduct.
  S  3.  a. The commission shall consist of nine members to be appointed
as follows: three members shall be appointed by the governor  and  shall
include the commissioner of the department of correctional services, the
commissioner  of  the  office  of  children  and family services and the
chairman of the state commission of correction; four members,  with  two
appointments  by  the  temporary  president of the senate and two by the
speaker of the assembly, shall be mental health professionals with expe-
rience in the treatment of persons who  suffer  sexual  abuse,  criminal
justice  advocates,  and  academic  professionals;  one  member shall be
appointed by the minority leader of the senate; and one member shall  be
appointed  by  the minority leader of the assembly. No person shall be a
member of such commission while such person is a member of the senate or
assembly. Any vacancy on such commission shall be  filled  in  the  same
manner  as  the  original  appointment was made. A chairperson and vice-
chairperson of such commission shall be elected by the majority  of  its
members, all members being present.
  b.  Except  as  provided  in subdivision a of this section, no member,
officer or employee of the commission shall be disqualified from holding
any other public office or employment, nor shall he or she  forfeit  any
such office or employment by reason of his or her appointment hereunder,
notwithstanding  the  provisions  of  any general, special or local law,
ordinance or city charter.
  S 4. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S  5.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its  functions  and  fix
their  compensation  within  the amounts made available by appropriation
therefor. Such commission may meet and hold public and/or private  hear-
ings  within  or  without  the state, and shall have all the powers of a
legislative committee pursuant to the legislative law.
  S 6. For the accomplishment of its purposes, the commission  shall  be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses  it  may  deem relevant through its own personnel or in cooper-
ation with or by agreement with any other public or private agency.
  S 7. The commission may request and shall receive from  any  court  in
the  state  and from any subdivision, department, board, bureau, commis-
sion, office, agency or other instrumentality of the  state  or  of  any
political subdivision thereof such facilities, assistance and data as it
deems  necessary or desirable for the proper execution of its powers and
duties and to effectuate the purposes set forth in this act.
  S 8. The commission is hereby authorized and empowered to  enter  into
any  agreements  and  to  do and perform any acts that may be necessary,
desirable or proper to carry out the purposes  and  objectives  of  this
act.

S. 1340--A                          3                         A. 3755--A

  S  9.  The  commission  shall  make a report of its findings and shall
submit the plan developed  by  it,  including  any  recommendations  for
legislative  action  as  it  may  deem necessary and appropriate, to the
governor, the temporary president of the senate and the speaker  of  the
assembly  no  later  than  the thirty-first of December in the year next
succeeding the year in which this act shall  have become a law.
  S 10. This act shall take effect immediately  and  shall  continue  in
full  force  and  effect  until the thirty-first of December in the year
next succeeding the year in which it shall have become a law  when  upon
such date the provisions of this act shall be deemed repealed.