NY State Senate Bill 2019-S4702A

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	print number 4702a
Mar 11, 2020	amend (t) and recommit to crime victims, crime and correction
Jan 08, 2020	referred to crime victims, crime and correction
Mar 21, 2019	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S4702 - Details

See Assembly Version of this Bill:: A5257
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§137, 500-b & 500-k, add §72-c, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S2809, A691

2019-S4702 - Summary

Relates to the treatment and placement of incarcerated people based upon gender identity; requires that incarcerated people in state and local correctional facilities who have a gender identity different from the person's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; and establishes that incarcerated people shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's gender identity unless the person opts out of such placement, such person is free to change their mind and switch at any time.

2019-S4702 - Sponsor Memo

                                
 
BILL NUMBER: S4702

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the correction law, in relation to the
treatment and placement of inmates based upon gender identity

 
PURPOSE:

To allow for the placement and appropriate treatment of inmates in state
correctional facilities in a manner consistent with their gender identi-
ty.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 137 of the correction law by adding
a new subdivision 7 that would require correctional officers and staff
to address inmates 'in a manner that is consistent with the inmate's
gender identity and sets standards of treatment consistent with the
inmate's gender identity.

Section 2 amends correction law by adding a new section 72-c to address

placement of inmates based on gender identity and the required documents
to confirm the inmate's gender identity.

Section 3 amends section 500-b of the correction law by adding a new
subdivision 14 to ensure placement of inmates in a manner consistent
with the inmate's gender identity and makes exceptions in cases in which
placement would present significant safety, management or security prob-
lems.

Section 4 amends section 500-k of the correction law as amended by chap-
ter 2 of the laws of 2008 to address treatment of inmates in state
correctional facilities and county jails.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

This bill mirrors legislation recently enacted in Connecticut giving
transgender inmates the right to be housed in correctional facilities
based on their gender identity. The law, which went into effect on July
1, 2018, is the first of its kind in the United States.

Currently, standards have not been established in New York State correc-
tional facilities to allow for the placement and appropriate treatment
of inmates in a manner consistent with their gender identity. This bill
would set specific standards and set forth the criteria to determine
placement in a facility housing unit based on documents that reflect an
inmate's gender identity. In addition to housing, these standards would
also require correctional officers and staff to address inmates by their
preferred gender pronouns, ensure inmates have the right to be searched
by correctional officers or staff member of the same gender identity,
and have access to commissary items, clothing, personal property, and
programming and educational materials consistent with gender identity.

Similar measures are being taken by the New York City Department of
Correction ("DOC") following an announcement that DOC would work with
the NYC Commission on Human Rights to ensure inmates are housed safely
according to their gender identity.
While New York State has made strides in pushing back against transgen-
der discrimination, if passed, this bill would ensure that we are not
turning our backs on protecting the rights and safety of transgender New
Yorkers in correctional facilities across the state.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that the
amendments to section 500-b of the correction law made by section three
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith

2019-S4702 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4702
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction
 
 AN ACT to amend the correction law, in relation  to  the  treatment  and
   placement of inmates based upon gender identity

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 137 of the correction law is amended  by  adding  a
 new subdivision 7 to read as follows:
   7.  ANY  INMATE  OF  A CORRECTIONAL FACILITY WHO HAS A GENDER IDENTITY
 THAT DIFFERS FROM THE INMATE'S ASSIGNED SEX AT BIRTH AND HAS A DIAGNOSIS
 OF GENDER DYSPHORIA, AS SET FORTH IN THE  MOST  RECENT  EDITION  OF  THE
 AMERICAN PSYCHIATRIC ASSOCIATION'S "DIAGNOSTIC AND STATISTICAL MANUAL OF
 MENTAL DISORDERS", SHALL:
   (A)  BE  ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A MANNER THAT
 IS CONSISTENT WITH THE INMATE'S GENDER IDENTITY;
   (B) HAVE ACCESS TO  COMMISSARY  ITEMS,  CLOTHING,  PERSONAL  PROPERTY,
 PROGRAMMING  AND  EDUCATIONAL  MATERIALS  THAT  ARE  CONSISTENT WITH THE
 INMATE'S GENDER IDENTITY; AND
   (C) HAVE THE RIGHT TO BE SEARCHED BY A CORRECTIONAL OFFICER  OR  STAFF
 MEMBER OF THE SAME GENDER IDENTITY, UNLESS THE INMATE REQUESTS OTHERWISE
 OR UNDER EXIGENT CIRCUMSTANCES.
   §  2.  The  correction  law is amended by adding a new section 72-c to
 read as follows:
   § 72-C. PLACEMENT OF INMATES BASED ON GENDER IDENTITY. IN  DETERMINING
 PLACEMENT  OF A PERSON IN CUSTODY OF THE DEPARTMENT, AN INMATE WHO HAS A
 BIRTH CERTIFICATE, PASSPORT OR DRIVER'S LICENSE THAT REFLECTS HIS OR HER
 GENDER IDENTITY OR WHO CAN MEET ESTABLISHED STANDARDS FOR OBTAINING SUCH
 A DOCUMENT TO CONFIRM THE INMATE'S GENDER IDENTITY  SHALL  PRESUMPTIVELY
 BE PLACED IN A CORRECTIONAL FACILITY WITH INMATES OF THE GENDER CONSIST-
 ENT  WITH  THE INMATE'S GENDER IDENTITY.  SUCH PRESUMPTIVE PLACEMENT MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01372-01-9

 S. 4702                             2
 
 BE OVERCOME BY A DEMONSTRATION BY THE COMMISSIONER, OR  THE  COMMISSION-
 ER'S  DESIGNEE,  THAT  THE  PLACEMENT  WOULD PRESENT SIGNIFICANT SAFETY,
 MANAGEMENT OR SECURITY PROBLEMS. IN MAKING  DETERMINATIONS  PURSUANT  TO
 THIS SECTION, THE INMATE'S VIEWS WITH RESPECT TO HIS OR HER SAFETY SHALL
 BE  GIVEN  SERIOUS CONSIDERATION BY THE COMMISSIONER, OR THE COMMISSION-
 ER'S DESIGNEE.
   § 3. Section 500-b of the correction law is amended by  adding  a  new
 subdivision 14 to read as follows:
   14.  NOTWITHSTANDING  THE  PROVISIONS  OF THIS SECTION, IN DETERMINING
 PLACEMENT IN A FACILITY HOUSING UNIT, AN INMATE WHO HAS A BIRTH  CERTIF-
 ICATE,  PASSPORT  OR  DRIVER'S  LICENSE  THAT REFLECTS HIS OR HER GENDER
 IDENTITY OR WHO CAN MEET ESTABLISHED  STANDARDS  FOR  OBTAINING  SUCH  A
 DOCUMENT  TO CONFIRM THE INMATE'S GENDER IDENTITY SHALL PRESUMPTIVELY BE
 PLACED IN A FACILITY HOUSING UNIT WITH INMATES OF THE GENDER  CONSISTENT
 WITH  THE  INMATE'S  GENDER  IDENTITY. SUCH PRESUMPTIVE PLACEMENT MAY BE
 OVERCOME BY A DEMONSTRATION BY THE CHIEF ADMINISTRATIVE OFFICER, OR  THE
 CHIEF  ADMINISTRATIVE OFFICER'S DESIGNEE, THAT THE PLACEMENT WOULD PRES-
 ENT SIGNIFICANT SAFETY,  MANAGEMENT  OR  SECURITY  PROBLEMS.  IN  MAKING
 DETERMINATIONS PURSUANT TO THIS SECTION, THE INMATE'S VIEWS WITH RESPECT
 TO  HIS  OR HER SAFETY SHALL BE GIVEN SERIOUS CONSIDERATION BY THE CHIEF
 ADMINISTRATIVE OFFICER, OR THE CHIEF ADMINISTRATIVE OFFICER'S DESIGNEE.
   § 4. Section 500-k of the correction law, as amended by chapter  2  of
 the laws of 2008, is amended to read as follows:
   §  500-k. Treatment of inmates. Subdivisions five [and], six AND SEVEN
 of section one hundred thirty-seven of this chapter,  except  paragraphs
 (d)  and  (e) of subdivision six of such section, relating to the treat-
 ment of inmates in  state  correctional  facilities  are  applicable  to
 inmates  confined  in  county  jails; except that the report required by
 paragraph (f) of subdivision six of such section  shall  be  made  to  a
 person designated to receive such report in the rules and regulations of
 the state commission of correction, or in any county or city where there
 is a department of correction, to the head of such department.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 500-b of the correction law  made  by  section
 three  of this act shall not affect the repeal of such section and shall
 be deemed repealed therewith.

co-Sponsors

View additional co-sponsors

2019-S4702A (ACTIVE) - Details

See Assembly Version of this Bill:: A5257
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§137, 500-b & 500-k, add §72-c, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S2809, A691

2019-S4702A (ACTIVE) - Summary

2019-S4702A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4702a

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to the treatment and
placement of incarcerated people based upon gender identity

 
PURPOSE:

To allow for the placement and appropriate treatment of transgender
individuals in state and local correctional facilities in a manner
aligned with their gender identities.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 137 of the correction law by adding
a new subdivision 7 that would require correctional officers and staff
to address incarcerated individuals in a manner aligned with their
gender identity and sets standards of treatment.

Section 2 amends correction law by adding a new section 72-c to address
placement of incarcerated individuals based on gender identity.

Section 3 amends section 500-b of the correction law by adding a new
subdivision 14 to ensure placement of individuals in jail housing units
that align with their gender identity and makes exceptions in cases in
which such placement would present significant safety, management or
security problems.

Section 4 amends section 500-k of the correction law as amended by chap-
ter 2 of the laws of 2008 to address treatment of trans people in jails.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

Currently, there are no standards in New York State correctional facili-
ties allowing for the placement and treatment of incarcerated transgen-
der individuals in a manner that aligns with their gender identity. This
bill would set specific criteria to determine placement in a facility
housing unit based on an individual's gender identity. In addition to
housing, this bill would also require correctional officers and staff to
address individuals by their preferred gender pronouns, ensure they have
the right to be searched by correctional officers or staff member
aligned with their gender identity, and have access to commissary items,
clothing, personal property, and programming and educational materials
consistent with gender identity.

Similar measures are being taken by the New York City Department of
Correction ("DOC") following an announcement that DOC would work with
the NYC Commission on Human Rights to ensure people are housed safely
according to their gender identity.

While New York State has made strides in pushing back against transgen-
der discrimination, if passed, this bill would ensure that we are not
turning our backs on protecting the rights and safety of transgender New
Yorkers in correctional facilities across the state.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that the
amendments to section 500-b of the correction law made by section three
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith

2019-S4702A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4702--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, CARLUCCI, HOYLMAN, MYRIE, RAMOS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Crime Victims, Crime and Correction -- recommitted to the
   Committee  on  Ethics  and  Guidance in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the correction law, in relation to the treatment and
   placement of incarcerated people based upon gender identity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  137 of the correction law is amended by adding a
 new subdivision 7 to read as follows:
   7. ANY INCARCERATED PERSON IN A CORRECTIONAL FACILITY WHO HAS A GENDER
 IDENTITY THAT DIFFERS FROM HIS OR HER ASSIGNED SEX AT  BIRTH  OR  HAS  A
 DIAGNOSIS  OF  GENDER DYSPHORIA, AS SET FORTH IN THE MOST RECENT EDITION
 OF THE AMERICAN PSYCHIATRIC ASSOCIATION'S  "DIAGNOSTIC  AND  STATISTICAL
 MANUAL  OF  MENTAL  DISORDERS", OR WHO SELF-IDENTIFIES AS TRANSGENDER OR
 GENDER NONCONFORMING SHALL:
   (A) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A  MANNER  THAT
 MOST CLOSELY ALIGNS WITH SUCH PERSON'S GENDER IDENTITY;
   (B)  HAVE  ACCESS  TO  COMMISSARY  ITEMS, CLOTHING, PERSONAL PROPERTY,
 PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH  SUCH
 PERSON'S GENDER IDENTITY;
   (C)  HAVE  THE RIGHT TO BE SEARCHED BY A CORRECTIONAL OFFICER OR STAFF
 MEMBER OF THE GENDER MOST CLOSELY  ALIGNED  WITH  SUCH  PERSON'S  GENDER
 IDENTITY,  UNLESS  THE  INCARCERATED  PERSON REQUESTS OTHERWISE OR UNDER
 EXIGENT CIRCUMSTANCES; AND
   (D) HAVE THE RIGHT TO MEDICAL AND MENTAL HEALTH CARE AS NEEDED AND  AS
 APPROPRIATE FOR HIS OR HER GENDER IDENTITY.
   §  2.  The  correction  law is amended by adding a new section 72-c to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01372-02-0

 S. 4702--A                          2
 
   § 72-C. PLACEMENT OF INMATES BASED ON GENDER IDENTITY. 1. AN INCARCER-
 ATED PERSON WHO HAS A GENDER IDENTITY  THAT  DIFFERS  FROM  HIS  OR  HER
 ASSIGNED  SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR WHO
 SELF-IDENTIFIES AS  TRANSGENDER  OR  GENDER  NONCONFORMING  PURSUANT  TO
 SUBDIVISION  SEVEN  OF  SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER
 SHALL BE PRESUMPTIVELY PLACED IN A CORRECTIONAL FACILITY WITH PERSONS OF
 THE GENDER THAT MOST CLOSELY ALIGNS WITH SUCH PERSON'S  GENDER  IDENTITY
 UNLESS  THE  PERSON OPTS OUT OF SUCH PLACEMENT.  THE INCARCERATED PERSON
 SHALL BE PERMITTED TO LEAVE SUCH PLACEMENT AND TRANSFER  TO  A  FACILITY
 HOUSING INDIVIDUALS OF HIS OR HER ASSIGNED SEX AT BIRTH AT ANY TIME. ANY
 SUCH  PERSON  WHO  HAS  OPTED  OUT  OF SUCH PRESUMPTIVE PLACEMENT OR WHO
 LEAVES SUCH PLACEMENT MAY AGAIN  REQUEST  PLACEMENT  IN  A  CORRECTIONAL
 FACILITY WITH PERSONS OF THE GENDER THAT MOST CLOSELY ALIGNS WITH HIS OR
 HER  GENDER  IDENTITY  AT  ANY TIME.   SUCH PRESUMPTIVE PLACEMENT MAY BE
 OVERCOME BY A DETERMINATION  IN  WRITING  BY  THE  COMMISSIONER  OR  THE
 COMMISSIONER'S DESIGNEE THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT
 SUCH  PERSON  PRESENTS  A  CURRENT  DANGER  OF  COMMITTING  GENDER-BASED
 VIOLENCE AGAINST OTHERS. IN MAKING SUCH A DETERMINATION, THE COMMISSION-
 ER OR HIS OR HER DESIGNEE SHALL FURTHER CONSIDER WHETHER SUCH PERSON CAN
 BE SAFELY HOUSED IN ANOTHER FACILITY OR HOUSING UNIT THAT  MOST  CLOSELY
 ALIGNS WITH THE PERSON'S GENDER IDENTITY.
   2. A TRANSGENDER INCARCERATED PERSON EXPERIENCING HARASSMENT, VIOLENCE
 OR  THREATS  OF  VIOLENCE DUE TO HIS OR HER GENDER IDENTITY SHALL NOT BE
 PLACED IN PROTECTIVE CUSTODY FOR MORE THAN THIRTY DAYS AS  A  RESULT  OF
 SUCH  HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE, AND MUST BE HOUSED IN
 A LEAST-RESTRICTIVE SETTING WHERE HE OR  SHE  WILL  BE  SAFE  FROM  SUCH
 BEHAVIOR.
   §  3.  Section  500-b of the correction law is amended by adding a new
 subdivision 14 to read as follows:
   14. 1. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY INCARCERAT-
 ED PERSON DETERMINED TO HAVE A GENDER IDENTITY DIFFERENT FROM HIS OR HER
 ASSIGNED SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR  WHO
 IS  SELF-IDENTIFIED  AS  TRANSGENDER OR GENDER NONCONFORMING PURSUANT TO
 SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIRTY-SEVEN  OF  THIS  CHAPTER
 SHALL  BE PRESUMPTIVELY PLACED IN A FACILITY HOUSING UNIT WITH INCARCER-
 ATED INDIVIDUALS OF THE GENDER MOST CLOSELY ALIGNED WITH  SUCH  PERSON'S
 GENDER IDENTITY. SUCH PRESUMPTIVE PLACEMENT MAY BE OVERCOME BY A WRITTEN
 DETERMINATION BY THE CHIEF ADMINISTRATIVE OFFICER, OR THE CHIEF ADMINIS-
 TRATIVE OFFICER'S DESIGNEE, THAT THE PLACEMENT WOULD PRESENT SIGNIFICANT
 SAFETY, MANAGEMENT OR SECURITY PROBLEMS.
   2.    A  TRANSGENDER  INCARCERATED INDIVIDUAL EXPERIENCING HARASSMENT,
 VIOLENCE OR THREATS OF VIOLENCE DUE TO HIS OR HER GENDER IDENTITY  SHALL
 NOT  BE  PLACED  IN  PROTECTIVE  CUSTODY  FOR MORE THAN THIRTY DAYS AS A
 RESULT OF SUCH HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE, AND MUST  BE
 HOUSED  IN A LEAST-RESTRICTIVE SETTING WHERE HE OR SHE WILL BE SAFE FROM
 SUCH BEHAVIOR.
   § 4. Section 500-k of the correction law, as amended by chapter  2  of
 the laws of 2008, is amended to read as follows:
   §  500-k. Treatment of inmates. Subdivisions five [and], six AND SEVEN
 of section one hundred thirty-seven of this chapter,  except  paragraphs
 (d)  and  (e) of subdivision six of such section, relating to the treat-
 ment of inmates in  state  correctional  facilities  are  applicable  to
 inmates  confined  in  county  jails; except that the report required by
 paragraph (f) of subdivision six of such section  shall  be  made  to  a
 person designated to receive such report in the rules and regulations of

 S. 4702--A                          3
 
 the state commission of correction, or in any county or city where there
 is a department of correction, to the head of such department.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 500-b of the correction law  made  by  section
 three  of this act shall not affect the repeal of such section and shall
 be deemed repealed therewith.

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Senate Bill S4702A

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2019-S4702 - Details

2019-S4702 - Summary

2019-S4702 - Sponsor Memo

2019-S4702 - Bill Text download pdf

co-Sponsors

2019-S4702A (ACTIVE) - Details

2019-S4702A (ACTIVE) - Summary

2019-S4702A (ACTIVE) - Sponsor Memo

2019-S4702A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4702A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2019-S4702 - Details

2019-S4702 - Summary

2019-S4702 - Sponsor Memo

2019-S4702 - Bill Text download pdf

co-Sponsors

2019-S4702A (ACTIVE) - Details

2019-S4702A (ACTIVE) - Summary

2019-S4702A (ACTIVE) - Sponsor Memo

2019-S4702A (ACTIVE) - Bill Text download pdf

Comments