S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1394

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MONTGOMERY, DIAZ, HASSELL-THOMPSON, KLEIN, PARKER,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Finance

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
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.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00188-01-3

S. 1394                             2

  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 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.