S T A T E   O F   N E W   Y O R K
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                                  3721

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
  tee on Correction

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.
  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

              

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

A. 3721                             2

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.