NY State Assembly Bill 2021-A7001B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2022	reported referred to codes
Feb 16, 2022	print number 7001b
Feb 16, 2022	amend and recommit to correction
Jan 05, 2022	referred to correction
May 13, 2021	print number 7001a
May 13, 2021	amend and recommit to correction
Apr 19, 2021	referred to correction

2021-A7001 - Details

See Senate Version of this Bill:: S6677
Current Committee:: Assembly Codes
Law Section:: Correction Law
Laws Affected:: Amd §§137, 500-b & 500-k, add §72-d, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A709, S2860

2021-A7001 - Summary

Enacts the "gender identity respect, dignity and safety act"; 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; 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 self-attested gender identity unless the person opts out of such placement.

2021-A7001 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7001
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Short title. This act shall be known and may be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED PERSON IN A CORRECTIONAL FACILITY  WHO  HAS  A
 GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH OR WHO HAS
 A  DIAGNOSIS  OF GENDER DYSPHORIA, OR WHO SELF-IDENTIFIES AS TRANSGENDER
 OR GENDER NONCONFORMING OR NONBINARY SHALL:
   (I) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A  MANNER  THAT
 MOST  CLOSELY  ALIGNS  WITH  SUCH PERSON'S GENDER IDENTITY.  IF A PERSON
 STATES THAT, IN ORDER TO MOST CLOSELY ALIGN WITH THEIR GENDER  IDENTITY,
 THEY  USE A NAME THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERN-
 MENT-ISSUED IDENTIFICATION, THEY SHALL BE ADDRESSED AND REFERRED  TO  BY
 THEIR REQUESTED NAME;
   (II)  HAVE  ACCESS  TO  COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY,
 PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH  SUCH
 PERSON'S GENDER IDENTITY;
   (III) 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
   (IV) HAVE THE RIGHT TO MEDICAL AND MENTAL HEALTH CARE AS NEEDED AND AS
 APPROPRIATE  FOR  THEIR  GENDER  IDENTITY  AND TO ITEMS THAT ARE USED BY
 INDIVIDUALS TO AFFIRM THEIR GENDER IDENTITY, INCLUDING THOSE  ASSOCIATED
 WITH NECESSARY AND APPROPRIATE CARE AFTER GENDER-AFFIRMING SURGERY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03291-04-1

 A. 7001                             2
 
   (B)  THE  DEPARTMENT  IS  PROHIBITED  FROM  REQUIRING DOCUMENTATION TO
 CONFIRM A PERSON'S GENDER IDENTITY. ALL PEOPLE SHALL RECEIVE  NOTICE  IN
 WRITING  IN  A  LANGUAGE  AND  MANNER  UNDERSTANDABLE  TO THEM ABOUT THE
 REQUIREMENTS OF THIS SUBDIVISION UPON THEIR ADMISSION TO A  CORRECTIONAL
 FACILITY.  THE DEPARTMENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF
 THIS SUBDIVISION TO ALL PERSONNEL. A VIOLATION OF THIS SUBDIVISION IS  A
 VIOLATION  OF  SECTION  FORTY-C  OF THE CIVIL RIGHTS LAW AND SECTION TWO
 HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. ANY INDIVIDUAL AGGRIEVED  UNDER
 THIS SUBDIVISION MAY INITIATE PROCEEDINGS IN A COURT OF COMPETENT JURIS-
 DICTION  OR  IN  THE  NEW  YORK  STATE  DIVISION OF HUMAN RIGHTS SEEKING
 INJUNCTIVE RELIEF AND DAMAGES, INCLUDING REASONABLE ATTORNEY FEES.
   § 2. The correction law is amended by adding a  new  section  72-d  to
 read as follows:
   § 72-D. PLACEMENT OF INMATES BASED ON GENDER IDENTITY. 1. AN INCARCER-
 ATED  PERSON  WHO HAS A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED
 SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR  WHO  SELF-I-
 DENTIFIES  AS  TRANSGENDER OR GENDER NONCONFORMING OR NONBINARY 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 THEIR 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 THEIR 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. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL  NOT  BE  BASED  ON  ANY
 DISCRIMINATORY  REASONS, INCLUDING BUT NOT LIMITED TO (A) THE ANATOMY OR
 GENITALIA OF THE PERSON WHOSE HOUSING PLACEMENT IS  AT  ISSUE,  (B)  THE
 SEXUAL  ORIENTATION  OF  THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE,
 (C) THE COMPLAINTS OF CISGENDER PEOPLE WHO DO NOT WISH TO BE HOUSED WITH
 A NON-CISGENDER PERSON DUE TO THAT PERSON'S GENDER IDENTITY,  OR  (D)  A
 FACTOR  PRESENT  AMONG  OTHER  PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR
 FACILITY. A DENIAL OF PRESUMPTIVE PLACEMENT AND DETAILED  REASONING  FOR
 THE  DENIAL  SHALL  BE PROVIDED IN WRITING TO THE AFFECTED PERSON WITHIN
 TWO DAYS OF THE DEPARTMENT'S DECISION. A PERSON MAY GRIEVE THE DENIAL.
   2. A TRANSGENDER OR GENDER  NONCONFORMING  OR  NONBINARY  INCARCERATED
 PERSON  EXPERIENCING  HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE DUE TO
 THEIR GENDER IDENTITY SHALL NOT  BE  PLACED  IN  INVOLUNTARY  PROTECTIVE
 CUSTODY  FOR  MORE  THAN  THIRTY  DAYS  AS  A RESULT OF SUCH HARASSMENT,
 VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED IN A LEAST-RESTRIC-
 TIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAVIOR.
   3. ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER
 UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SECTION UPON THEIR
 ADMISSION TO A CORRECTIONAL FACILITY. THE DEPARTMENT SHALL PROVIDE ANNU-
 AL TRAINING ON PROVISIONS OF THIS SECTION TO ALL CORRECTIONAL  PERSONNEL
 WHO  ARE  INVOLVED  IN  THE  SUPERVISION  OR  PLACEMENT  OF INCARCERATED
 PERSONS.
   4. THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER
 OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF
 THE  SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE AND THE CHAIR-

 A. 7001                             3

 PERSON OF THE ASSEMBLY CORRECTION COMMITTEE THE NUMBER  OF  TRANSGENDER,
 GENDER  NONCONFORMING,  OR  NONBINARY  INCARCERATED  PEOPLE WHO (A) WERE
 DENIED PRESUMPTIVE PLACEMENT IN ACCORDANCE WITH SUBDIVISION ONE OF  THIS
 SECTION;  AND  (B)  VOLUNTARILY  OPTED  OUT  OF PRESUMPTIVE PLACEMENT IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION; AND (C)  WERE  KEPT  IN
 INVOLUNTARY  PROTECTIVE  CUSTODY  FOR  LONGER  THAN THIRTY DAYS. REPORTS
 REQUIRED BY THIS SECTION SHALL BE POSTED ON THE  WEBSITE  MAINTAINED  BY
 THE DEPARTMENT. REPORTS MAY INCLUDE DE-IDENTIFIED INDIVIDUAL INFORMATION
 IN THE AGGREGATE, BUT SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFORMA-
 TION.
   5.  A  VIOLATION  OF THIS SECTION IS A VIOLATION OF SECTION FORTY-C OF
 THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
 LAW.    ANY  INDIVIDUAL  AGGRIEVED  UNDER  THIS  SECTION  MAY   INITIATE
 PROCEEDINGS  IN  A  COURT  OF  COMPETENT JURISDICTION OR IN THE NEW YORK
 STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE  RELIEF  AND  DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   §  3.  Section  500-b of the correction law is amended by adding a new
 subdivision 14 to read as follows:
   14. (A) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY  INCARCER-
 ATED  PERSON  DETERMINED  TO HAVE A GENDER IDENTITY DIFFERENT FROM THEIR
 ASSIGNED SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR  WHO
 IS  SELF-IDENTIFIED  AS TRANSGENDER OR GENDER NONCONFORMING OR NONBINARY
 PURSUANT TO SUBDIVISION SEVEN OF SECTION  ONE  HUNDRED  THIRTY-SEVEN  OF
 THIS  CHAPTER  SHALL  BE PRESUMPTIVELY PLACED IN A FACILITY HOUSING UNIT
 WITH INCARCERATED INDIVIDUALS OF THE GENDER MOST  CLOSELY  ALIGNED  WITH
 SUCH  PERSON'S GENDER IDENTITY UNLESS THE PERSON OPTS OUT OF SUCH PLACE-
 MENT. THE INCARCERATED PERSON SHALL BE PERMITTED TO LEAVE SUCH PLACEMENT
 AND TRANSFER TO A UNIT HOUSING INDIVIDUALS  OF  THEIR  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
 HOUSING UNIT WITH PERSONS OF THE GENDER THAT MOST  CLOSELY  ALIGNS  WITH
 THEIR  GENDER  IDENTITY  AT  ANY TIME. SUCH PRESUMPTIVE PLACEMENT MAY BE
 OVERCOME BY A DETERMINATION IN WRITING BY THE CHIEF ADMINISTRATIVE OFFI-
 CER OR THEIR DESIGNEE THAT THERE IS CLEAR AND CONVINCING  EVIDENCE  THAT
 SUCH  PERSON  PRESENTS  A  CURRENT  DANGER  OF  COMMITTING  GENDER-BASED
 VIOLENCE AGAINST OTHERS. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL NOT  BE
 BASED  ON  ANY  DISCRIMINATORY REASONS, INCLUDING BUT NOT LIMITED TO (1)
 THE ANATOMY OR GENITALIA OF THE PERSON WHOSE  HOUSING  PLACEMENT  IS  AT
 ISSUE,  (2) THE SEXUAL ORIENTATION OF THE PERSON WHOSE HOUSING PLACEMENT
 IS AT ISSUE, (3) THE COMPLAINTS OF CISGENDER PEOPLE WHO DO NOT  WISH  TO
 BE  HOUSED WITH A NON-CISGENDER PERSON DUE TO THAT PERSON'S GENDER IDEN-
 TITY, OR (4) A FACTOR PRESENT AMONG  OTHER  PEOPLE  IN  THE  PRESUMPTIVE
 HOUSING UNIT OR FACILITY. A DENIAL OF PRESUMPTIVE PLACEMENT AND DETAILED
 REASONING  FOR  THE  DENIAL SHALL BE PROVIDED IN WRITING TO THE AFFECTED
 PERSON WITHIN TWO DAYS OF THE DECISION BY THE CHIEF ADMINISTRATIVE OFFI-
 CER OR HIS DESIGNEE.  A PERSON MAY GRIEVE THE DENIAL.
   (B) A TRANSGENDER, GENDER  NONCONFORMING,  OR  NONBINARY  INCARCERATED
 INDIVIDUAL  EXPERIENCING HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE DUE
 TO THEIR GENDER IDENTITY SHALL NOT BE PLACED IN  INVOLUNTARY  PROTECTIVE
 CUSTODY  FOR  MORE  THAN  THIRTY  DAYS  AS  A RESULT OF SUCH HARASSMENT,
 VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED IN A LEAST-RESTRIC-
 TIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAVIOR.
   (C) ALL PEOPLE SHALL RECEIVE NOTICE  IN  WRITING  IN  A  LANGUAGE  AND
 MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION
 UPON THEIR ADMISSION TO A LOCAL CORRECTIONAL FACILITY. THE SHERIFF SHALL
 PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SUBDIVISION TO ALL CORREC-

 A. 7001                             4
 
 TIONAL  PERSONNEL  WHO  ARE  INVOLVED IN THE SUPERVISION OR PLACEMENT OF
 INCARCERATED PERSONS.
   (D)  THE  SHERIFF  OF  EACH  COUNTY SHALL REPORT, IN A FORM AND MANNER
 PRESCRIBED BY THE COMMISSION, THE NUMBER OF TRANSGENDER, GENDER  NONCON-
 FORMING,  OR  NONBINARY INCARCERATED PEOPLE WHO (1) WERE DENIED PRESUMP-
 TIVE PLACEMENT IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
 (2) VOLUNTARILY OPTED OUT OF PRESUMPTIVE PLACEMENT  IN  ACCORDANCE  WITH
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION;  AND (3) WERE KEPT IN INVOLUNTARY
 PROTECTIVE CUSTODY FOR LONGER THAN THIRTY  DAYS.  THE  COMMISSION  SHALL
 INCLUDE  SUCH  INFORMATION  IN  ITS  ANNUAL  REPORT  PURSUANT TO SECTION
 FORTY-FIVE OF THIS CHAPTER, BUT SHALL  EXCLUDE  IDENTIFYING  INFORMATION
 FROM  SUCH REPORT. REPORTS REQUIRED BY THIS PROVISION SHALL BE POSTED ON
 THE WEBSITE MAINTAINED BY THE COMMISSION.
   (E) A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION  FORTY-C
 OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
 TIVE  LAW.  ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION MAY INITIATE
 PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION  OR  IN  THE  NEW  YORK
 STATE  DIVISION  OF  HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   § 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. Subdivision 1 of section 500-k of the correction law, as amended
 by chapter 93 of the laws of 2021, is amended to read as follows:
   1. Subdivisions five [and], six AND SEVEN of section one hundred thir-
 ty-seven of this chapter, except paragraphs (d) and (e)  of  subdivision
 six  of  such  section,  relating  to  the treatment 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.
   § 6. 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; provided, further, that section five of
 this act shall take effect on the same date and in the  same  manner  as
 chapter 93 of the laws of 2021, takes effect.

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2021-A7001A - Details

See Senate Version of this Bill:: S6677
Current Committee:: Assembly Codes
Law Section:: Correction Law
Laws Affected:: Amd §§137, 500-b & 500-k, add §72-d, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A709, S2860

2021-A7001A - Summary

Enacts the "gender identity respect, dignity and safety act"; 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; 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 self-attested gender identity unless the person opts out of such placement.

2021-A7001A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7001--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- 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 amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED PERSON IN A CORRECTIONAL FACILITY  WHO  HAS  A
 GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH OR WHO HAS
 A  DIAGNOSIS  OF GENDER DYSPHORIA, OR WHO SELF-IDENTIFIES AS TRANSGENDER
 OR GENDER NONCONFORMING OR NONBINARY SHALL:
   (I) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A  MANNER  THAT
 MOST  CLOSELY  ALIGNS  WITH  SUCH PERSON'S GENDER IDENTITY.  IF A PERSON
 STATES THAT, IN ORDER TO MOST CLOSELY ALIGN WITH THEIR GENDER  IDENTITY,
 THEY  USE A NAME THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERN-
 MENT-ISSUED IDENTIFICATION, THEY SHALL BE ADDRESSED AND REFERRED  TO  BY
 THEIR REQUESTED NAME;
   (II)  HAVE  ACCESS  TO  COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY,
 PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH  SUCH
 PERSON'S GENDER IDENTITY;
   (III) 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
   (IV) HAVE THE RIGHT TO MEDICAL AND MENTAL HEALTH CARE AS NEEDED AND AS
 APPROPRIATE  FOR  THEIR  GENDER  IDENTITY  AND TO ITEMS THAT ARE USED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03291-05-1

 A. 7001--A                          2
 
 INDIVIDUALS TO AFFIRM THEIR GENDER IDENTITY, INCLUDING THOSE  ASSOCIATED
 WITH NECESSARY AND APPROPRIATE CARE AFTER GENDER-AFFIRMING SURGERY.
   (B)  THE  DEPARTMENT  IS  PROHIBITED  FROM  REQUIRING DOCUMENTATION TO
 CONFIRM A PERSON'S GENDER IDENTITY. ALL PEOPLE SHALL RECEIVE  NOTICE  IN
 WRITING  IN  A  LANGUAGE  AND  MANNER  UNDERSTANDABLE  TO THEM ABOUT THE
 REQUIREMENTS OF THIS SUBDIVISION UPON THEIR ADMISSION TO A  CORRECTIONAL
 FACILITY.  THE DEPARTMENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF
 THIS SUBDIVISION TO ALL PERSONNEL. A VIOLATION OF THIS SUBDIVISION IS  A
 VIOLATION  OF  SECTION  FORTY-C  OF THE CIVIL RIGHTS LAW AND SECTION TWO
 HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. ANY INDIVIDUAL AGGRIEVED  UNDER
 THIS SUBDIVISION MAY INITIATE PROCEEDINGS IN A COURT OF COMPETENT JURIS-
 DICTION  OR  IN  THE  NEW  YORK  STATE  DIVISION OF HUMAN RIGHTS SEEKING
 INJUNCTIVE RELIEF AND DAMAGES, INCLUDING REASONABLE ATTORNEY FEES.
   § 3. The correction law is amended by adding a  new  section  72-d  to
 read as follows:
   § 72-D. PLACEMENT OF INMATES BASED ON GENDER IDENTITY. 1. AN INCARCER-
 ATED  PERSON  WHO HAS A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED
 SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR  WHO  SELF-I-
 DENTIFIES  AS  TRANSGENDER OR GENDER NONCONFORMING OR NONBINARY 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 THEIR 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 THEIR 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. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL  NOT  BE  BASED  ON  ANY
 DISCRIMINATORY  REASONS, INCLUDING BUT NOT LIMITED TO (A) THE ANATOMY OR
 GENITALIA OF THE PERSON WHOSE HOUSING PLACEMENT IS  AT  ISSUE,  (B)  THE
 SEXUAL  ORIENTATION  OF  THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE,
 (C) THE COMPLAINTS OF CISGENDER PEOPLE WHO DO NOT WISH TO BE HOUSED WITH
 A NON-CISGENDER PERSON DUE TO THAT PERSON'S GENDER IDENTITY,  OR  (D)  A
 FACTOR  PRESENT  AMONG  OTHER  PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR
 FACILITY. A DENIAL OF PRESUMPTIVE PLACEMENT AND DETAILED  REASONING  FOR
 THE  DENIAL  SHALL  BE PROVIDED IN WRITING TO THE AFFECTED PERSON WITHIN
 TWO DAYS OF THE DEPARTMENT'S DECISION. A PERSON MAY GRIEVE THE DENIAL.
   2. A TRANSGENDER OR GENDER  NONCONFORMING  OR  NONBINARY  INCARCERATED
 PERSON  EXPERIENCING  HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE DUE TO
 THEIR GENDER IDENTITY SHALL NOT  BE  PLACED  IN  INVOLUNTARY  PROTECTIVE
 CUSTODY  FOR  MORE  THAN  THIRTY  DAYS  AS  A RESULT OF SUCH HARASSMENT,
 VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED IN A LEAST-RESTRIC-
 TIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAVIOR.
   3. ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER
 UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SECTION UPON THEIR
 ADMISSION TO A CORRECTIONAL FACILITY. THE DEPARTMENT SHALL PROVIDE ANNU-
 AL TRAINING ON PROVISIONS OF THIS SECTION TO ALL CORRECTIONAL  PERSONNEL
 WHO  ARE  INVOLVED  IN  THE  SUPERVISION  OR  PLACEMENT  OF INCARCERATED
 PERSONS.
   4. THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER

 A. 7001--A                          3
 
 OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF
 THE  SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE AND THE CHAIR-
 PERSON OF THE ASSEMBLY CORRECTION COMMITTEE THE NUMBER  OF  TRANSGENDER,
 GENDER  NONCONFORMING,  OR  NONBINARY  INCARCERATED  PEOPLE WHO (A) WERE
 DENIED PRESUMPTIVE PLACEMENT IN ACCORDANCE WITH SUBDIVISION ONE OF  THIS
 SECTION;  AND  (B)  VOLUNTARILY  OPTED  OUT  OF PRESUMPTIVE PLACEMENT IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION; AND (C)  WERE  KEPT  IN
 INVOLUNTARY  PROTECTIVE  CUSTODY  FOR  LONGER  THAN THIRTY DAYS. REPORTS
 REQUIRED BY THIS SECTION SHALL BE POSTED ON THE  WEBSITE  MAINTAINED  BY
 THE DEPARTMENT. REPORTS MAY INCLUDE DE-IDENTIFIED INDIVIDUAL INFORMATION
 IN THE AGGREGATE, BUT SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFORMA-
 TION.
   5.  A  VIOLATION  OF THIS SECTION IS A VIOLATION OF SECTION FORTY-C OF
 THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
 LAW.    ANY  INDIVIDUAL  AGGRIEVED  UNDER  THIS  SECTION  MAY   INITIATE
 PROCEEDINGS  IN  A  COURT  OF  COMPETENT JURISDICTION OR IN THE NEW YORK
 STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE  RELIEF  AND  DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   §  4.  Section  500-b of the correction law is amended by adding a new
 subdivision 14 to read as follows:
   14. (A) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY  INCARCER-
 ATED  PERSON  DETERMINED  TO HAVE A GENDER IDENTITY DIFFERENT FROM THEIR
 ASSIGNED SEX AT BIRTH OR WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA OR  WHO
 IS  SELF-IDENTIFIED  AS TRANSGENDER OR GENDER NONCONFORMING OR NONBINARY
 PURSUANT TO SUBDIVISION SEVEN OF SECTION  ONE  HUNDRED  THIRTY-SEVEN  OF
 THIS  CHAPTER  SHALL  BE PRESUMPTIVELY PLACED IN A FACILITY HOUSING UNIT
 WITH INCARCERATED INDIVIDUALS OF THE GENDER MOST  CLOSELY  ALIGNED  WITH
 SUCH  PERSON'S GENDER IDENTITY UNLESS THE PERSON OPTS OUT OF SUCH PLACE-
 MENT. THE INCARCERATED PERSON SHALL BE PERMITTED TO LEAVE SUCH PLACEMENT
 AND TRANSFER TO A UNIT HOUSING INDIVIDUALS  OF  THEIR  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
 HOUSING UNIT WITH PERSONS OF THE GENDER THAT MOST  CLOSELY  ALIGNS  WITH
 THEIR  GENDER  IDENTITY  AT  ANY TIME. SUCH PRESUMPTIVE PLACEMENT MAY BE
 OVERCOME BY A DETERMINATION IN WRITING BY THE CHIEF ADMINISTRATIVE OFFI-
 CER OR THEIR DESIGNEE THAT THERE IS CLEAR AND CONVINCING  EVIDENCE  THAT
 SUCH  PERSON  PRESENTS  A  CURRENT  DANGER  OF  COMMITTING  GENDER-BASED
 VIOLENCE AGAINST OTHERS. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL NOT  BE
 BASED  ON  ANY  DISCRIMINATORY REASONS, INCLUDING BUT NOT LIMITED TO (1)
 THE ANATOMY OR GENITALIA OF THE PERSON WHOSE  HOUSING  PLACEMENT  IS  AT
 ISSUE,  (2) THE SEXUAL ORIENTATION OF THE PERSON WHOSE HOUSING PLACEMENT
 IS AT ISSUE, (3) THE COMPLAINTS OF CISGENDER PEOPLE WHO DO NOT  WISH  TO
 BE  HOUSED WITH A NON-CISGENDER PERSON DUE TO THAT PERSON'S GENDER IDEN-
 TITY, OR (4) A FACTOR PRESENT AMONG  OTHER  PEOPLE  IN  THE  PRESUMPTIVE
 HOUSING UNIT OR FACILITY. A DENIAL OF PRESUMPTIVE PLACEMENT AND DETAILED
 REASONING  FOR  THE  DENIAL SHALL BE PROVIDED IN WRITING TO THE AFFECTED
 PERSON WITHIN TWO DAYS OF THE DECISION BY THE CHIEF ADMINISTRATIVE OFFI-
 CER OR HIS DESIGNEE.  A PERSON MAY GRIEVE THE DENIAL.
   (B) A TRANSGENDER, GENDER  NONCONFORMING,  OR  NONBINARY  INCARCERATED
 INDIVIDUAL  EXPERIENCING HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE DUE
 TO THEIR GENDER IDENTITY SHALL NOT BE PLACED IN  INVOLUNTARY  PROTECTIVE
 CUSTODY  FOR  MORE  THAN  THIRTY  DAYS  AS  A RESULT OF SUCH HARASSMENT,
 VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED IN A LEAST-RESTRIC-
 TIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAVIOR.
   (C) ALL PEOPLE SHALL RECEIVE NOTICE  IN  WRITING  IN  A  LANGUAGE  AND
 MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION

 A. 7001--A                          4
 
 UPON THEIR ADMISSION TO A LOCAL CORRECTIONAL FACILITY. THE SHERIFF SHALL
 PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SUBDIVISION TO ALL CORREC-
 TIONAL  PERSONNEL  WHO  ARE  INVOLVED IN THE SUPERVISION OR PLACEMENT OF
 INCARCERATED PERSONS.
   (D)  THE  SHERIFF  OF  EACH  COUNTY SHALL REPORT, IN A FORM AND MANNER
 PRESCRIBED BY THE COMMISSION, THE NUMBER OF TRANSGENDER, GENDER  NONCON-
 FORMING,  OR  NONBINARY INCARCERATED PEOPLE WHO (1) WERE DENIED PRESUMP-
 TIVE PLACEMENT IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
 (2) VOLUNTARILY OPTED OUT OF PRESUMPTIVE PLACEMENT  IN  ACCORDANCE  WITH
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION;  AND (3) WERE KEPT IN INVOLUNTARY
 PROTECTIVE CUSTODY FOR LONGER THAN THIRTY  DAYS.  THE  COMMISSION  SHALL
 INCLUDE  SUCH  INFORMATION  IN  ITS  ANNUAL  REPORT  PURSUANT TO SECTION
 FORTY-FIVE OF THIS CHAPTER, BUT SHALL  EXCLUDE  IDENTIFYING  INFORMATION
 FROM  SUCH REPORT. REPORTS REQUIRED BY THIS PROVISION SHALL BE POSTED ON
 THE WEBSITE MAINTAINED BY THE COMMISSION.
   (E) A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION  FORTY-C
 OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
 TIVE  LAW.  ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION MAY INITIATE
 PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION  OR  IN  THE  NEW  YORK
 STATE  DIVISION  OF  HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   § 5. 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.
   §  6. Subdivision 1 of section 500-k of the correction law, as amended
 by chapter 93 of the laws of 2021, is amended to read as follows:
   1. Subdivisions five [and], six AND SEVEN of section one hundred thir-
 ty-seven of this chapter, except paragraphs (d) and (e)  of  subdivision
 six  of  such  section,  relating  to  the treatment 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.
   § 7. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section 500-b of the correction law made by section
 four of this act shall not affect the repeal of such section  and  shall
 be  deemed  repealed  therewith;  provided, further, that section six of
 this act shall take effect on the same date and in the  same  manner  as
 chapter 93 of the laws of 2021, takes effect.

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2021-A7001B (ACTIVE) - Details

See Senate Version of this Bill:: S6677
Current Committee:: Assembly Codes
Law Section:: Correction Law
Laws Affected:: Amd §§137, 500-b & 500-k, add §72-d, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A709, S2860

2021-A7001B (ACTIVE) - Summary

Enacts the "gender identity respect, dignity and safety act"; 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; 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 self-attested gender identity unless the person opts out of such placement.

2021-A7001B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7001--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M. of A. ROZIC, GALLAGHER, GONZALEZ-ROJAS, LAVINE, GOTT-
   FRIED, SIMON, EPSTEIN, BRONSON  --  read  once  and  referred  to  the
   Committee on Correction -- committee discharged, bill amended, ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Correction in accordance  with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY WHO  HAS
 A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH, WHO HAS
 A  DIAGNOSIS OF GENDER DYSPHORIA, WHO HAS A VARIATION IN THEIR SEX CHAR-
 ACTERISTICS, OR WHO SELF-IDENTIFIES AS TRANSGENDER,  GENDER  NONCONFORM-
 ING, NONBINARY, OR INTERSEX SHALL:
   (I)  BE  ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A MANNER THAT
 MOST CLOSELY ALIGNS WITH SUCH PERSON'S GENDER  IDENTITY,  INCLUDING  THE
 NAME AND PRONOUNS SPECIFIED BY THAT PERSON.  IF A PERSON STATES THAT, IN
 ORDER  TO MOST CLOSELY ALIGN WITH THEIR GENDER IDENTITY, THEY USE A NAME
 THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERNMENT-ISSUED  IDEN-
 TIFICATION,  THEY  SHALL BE ADDRESSED AND REFERRED TO BY THEIR REQUESTED
 NAME;
   (II) HAVE ACCESS TO COMMISSARY  ITEMS,  CLOTHING,  PERSONAL  PROPERTY,
 PROGRAMMING  AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH SUCH
 PERSON'S GENDER IDENTITY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03291-09-2
 A. 7001--B                          2

 
   (III) 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 INDIVIDUAL REQUESTS OTHERWISE OR UNDER
 EXIGENT CIRCUMSTANCES;
   (IV)  HAVE  THE  RIGHT TO ACCESS ALL NECESSARY AND APPROPRIATE MEDICAL
 AND MENTAL HEALTH CARE, INCLUDING ROUTINE AND  PREVENTIVE  MEDICAL  CARE
 RELATED  TO  THEIR SEX CHARACTERISTICS, AND AFFIRMING MEDICAL AND MENTAL
 HEALTH CARE AS RELATED TO GENDER DYSPHORIA OR GENDER AFFIRMATION,  WHICH
 INCLUDES  ACCESS  TO  ITEMS THAT ARE USED BY INDIVIDUALS TO AFFIRM THEIR
 GENDER IDENTITY, INCLUDING THOSE ITEMS  ASSOCIATED  WITH  NECESSARY  AND
 APPROPRIATE CARE AFTER GENDER-AFFIRMING SURGERY;
   (V)  HAVE  THE  RIGHT  NOT TO BE SUBJECTED TO MEDICAL OR MENTAL HEALTH
 TREATMENTS OR INTERVENTIONS WHICH THEY DO NOT WANT OR TO WHICH  THEY  DO
 NOT  PROVIDE  INFORMED  CONSENT,  INCLUDING  BUT NOT LIMITED TO SURGICAL
 INTERVENTIONS TO  CHANGE  THEIR  SEX  CHARACTERISTICS  SUCH  AS  GENITAL
 SURGERIES  AND  STERILIZATIONS,  AND  COUNSELING  THAT  PATHOLOGIZES  OR
 ATTEMPTS TO CHANGE THEIR SEXUAL ORIENTATION OR GENDER IDENTITY; AND
   (VI) HAVE THE RIGHT TO MAINTAIN  THE  CONFIDENTIALITY  OF  RECORDS  OR
 PORTIONS  OF  RECORDS  RELATED  TO THEIR INCARCERATION THAT WOULD REVEAL
 THEIR SEX CHARACTERISTICS OR THEIR  TRANSGENDER,  GENDER  NONCONFORMING,
 NONBINARY, OR INTERSEX STATUS, OR THAT WOULD OTHERWISE REVEAL THAT THEIR
 GENDER IDENTITY DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH, THAT THEY HAVE
 A  DIAGNOSIS OF GENDER DYSPHORIA, OR THAT THEY HAVE AN INTERSEX TRAIT OR
 VARIATION IN THEIR SEX CHARACTERISTICS.  THIS PROVISION DOES NOT PREVENT
 AN INCARCERATED INDIVIDUAL FROM CONSENTING TO THE RELEASE OF SUCH  MATE-
 RIAL  NOR DOES IT PREVENT THE RELEASE OF AGGREGATE DATA, REPORTS CREATED
 PURSUANT TO SUBDIVISION SEVEN OF SECTION SEVENTY-TWO-D AND PARAGRAPH (E)
 OF SUBDIVISION FOURTEEN OF SECTION FIVE HUNDRED-B OF  THIS  CHAPTER,  OR
 RECORDS  THAT HAVE OTHERWISE BEEN DE-IDENTIFIED AND WOULD NOT REVEAL THE
 IDENTITY OF A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR  INTERSEX
 PERSON WITHOUT THEIR CONSENT.
   (B)  THE  DEPARTMENT  IS  PROHIBITED  FROM  REQUIRING DOCUMENTATION TO
 CONFIRM A PERSON'S GENDER IDENTITY,  SEX  CHARACTERISTICS,  OR  INTERSEX
 STATUS.
   (C)  ALL  PEOPLE  SHALL  RECEIVE  NOTICE  IN WRITING IN A LANGUAGE AND
 MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION
 UPON THEIR ADMISSION TO A CORRECTIONAL FACILITY.
   (D) THE DEPARTMENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS
 SUBDIVISION TO ALL PERSONNEL.
   (E) A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION  FORTY-C
 OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
 TIVE  LAW.  ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION MAY INITIATE
 PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION  OR  IN  THE  NEW  YORK
 STATE  DIVISION  OF  HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   § 3. The correction law is amended by adding a  new  section  72-d  to
 read as follows:
   §  72-D. PLACEMENT OF INCARCERTATED INDIVIDUAL'S BASED ON GENDER IDEN-
 TITY. 1. AN INCARCERATED INDIVIDUAL  WHO  HAS  A  GENDER  IDENTITY  THAT
 DIFFERS  FROM THEIR ASSIGNED SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER
 DYSPHORIA, WHO HAS A VARIATION IN  THEIR  SEX  CHARACTERISTICS,  OR  WHO
 SELF-IDENTIFIES  AS  TRANSGENDER,  GENDER  NONCONFORMING,  NONBINARY, OR
 INTERSEX 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  SELF-ATTESTED  GENDER  IDENTITY  UNLESS THE PERSON OPTS OUT OF
 A. 7001--B                          3
 
 SUCH PLACEMENT.  PLACEMENT SHALL NOT BE CONDITIONED UPON THE INCARCERAT-
 ED INDIVIDUAL'S HISTORY OF, CONSENT TO, INTENTION TO SEEK, OR REFUSAL TO
 UNDERGO ANY TREATMENT OR INTERVENTION  REGARDING  THEIR  SEX  CHARACTER-
 ISTICS  OR  GENDER  IDENTITY, INCLUDING THOSE INTERVENTIONS DESCRIBED IN
 SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SEVEN  OF  SECTION  ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   2.  THE  INCARCERATED  INDIVIDUAL  SHALL  BE  PERMITTED  TO LEAVE SUCH
 PRESUMPTIVE PLACEMENT AND TRANSFER TO A FACILITY HOUSING INDIVIDUALS  OF
 THEIR  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 THEIR SELF-ATTESTED GENDER IDENTITY AT ANY
 TIME.
   3.  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. A DENIAL OF PRESUMP-
 TIVE PLACEMENT SHALL NOT BE BASED ON ANY DISCRIMINATORY REASONS, INCLUD-
 ING BUT NOT LIMITED TO (A) THE  PAST  OR  CURRENT  SEX  CHARACTERISTICS,
 INCLUDING  CHROMOSOMES,  GENITALS,  GONADS,  OTHER  INTERNAL OR EXTERNAL
 REPRODUCTIVE ANATOMY, SECONDARY SEX CHARACTERISTICS, OR HORMONE FUNCTION
 OF THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE, (B) THE SEXUAL ORIEN-
 TATION OF THE PERSON WHOSE  HOUSING  PLACEMENT  IS  AT  ISSUE,  (C)  THE
 COMPLAINTS  OF  OTHER  INCARCERATED  INDIVIDUAL'S  WHO DO NOT WISH TO BE
 HOUSED WITH A NON-CISGENDER OR INTERSEX  PERSON  DUE  TO  THAT  PERSON'S
 GENDER IDENTITY IDENTITY OR SEX CHARACTERISTICS, OR (D) A FACTOR PRESENT
 AMONG OTHER PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR FACILITY. A DENIAL
 OF  PRESUMPTIVE  PLACEMENT  SHALL BE PROVIDED IN WRITING TO THE AFFECTED
 PERSON WITHIN TWO DAYS OF THE DEPARTMENT'S  DECISION.    THE  DEPARTMENT
 SHALL  INCLUDE  IN  ITS  WRITTEN  DECISION A DESCRIPTION OF ALL EVIDENCE
 SUPPORTING THE DEPARTMENT'S DECISION  AND  AN  EXPLANATION  OF  WHY  THE
 EVIDENCE  SUPPORTS  A  DETERMINATION  THAT THE PERSON PRESENTS A CURRENT
 DANGER OF COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS.  THE  DEPART-
 MENT  SHALL ATTACH ALL SUPPORTING DOCUMENTATION TO THE WRITTEN DECISION.
 THE SUPPORTING DOCUMENTATION MAY BE REDACTED AS NECESSARY TO PROTECT ANY
 PERSON'S PRIVACY OR SAFETY. UNSUBSTANTIATED ALLEGATIONS  ARE  NOT  CLEAR
 AND  CONVINCING EVIDENCE JUSTIFYING A DENIAL OF PRESUMPTIVE PLACEMENT OR
 TRANSFER OUT OF PRESUMPTIVE PLACEMENT.  A PERSON MAY GRIEVE THE DENIAL.
   4. THE DEPARTMENT IS PROHIBITED FROM DENYING A  PRESUMPTIVE  PLACEMENT
 OR  TRANSFERRING  A  PERSON  OUT OF A PRESUMPTIVE PLACEMENT AS A FORM OF
 DISCIPLINE.
   5. A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX  INCAR-
 CERATED  INDIVIDUAL  EXPERIENCING  HARASSMENT,  VIOLENCE  OR  THREATS OF
 VIOLENCE DUE TO THEIR GENDER IDENTITY OR SEX CHARACTERISTICS  SHALL  NOT
 BE  PLACED IN INVOLUNTARY PROTECTIVE CUSTODY FOR MORE THAN FOURTEEN DAYS
 AS A RESULT OF SUCH HARASSMENT, VIOLENCE OR  THREATS  OF  VIOLENCE,  AND
 SHALL  BE  HOUSED IN A LEAST-RESTRICTIVE SETTING WHERE THEY WILL BE SAFE
 FROM SUCH BEHAVIOR.
   6. ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER
 UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SECTION UPON THEIR
 ADMISSION TO A CORRECTIONAL FACILITY. THE DEPARTMENT SHALL PROVIDE ANNU-
 AL TRAINING ON PROVISIONS OF THIS SECTION TO ALL CORRECTIONAL  PERSONNEL
 WHO  ARE  INVOLVED IN THE SUPERVISION OR PLACEMENT OF INCARCERATED INDI-
 VIDUAL'S.
   7. THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER
 A. 7001--B                          4
 
 OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF
 THE  SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE AND THE CHAIR-
 PERSON OF THE ASSEMBLY CORRECTION COMMITTEE THE NUMBER  OF  TRANSGENDER,
 GENDER  NONCONFORMING,  OR  NONBINARY, OR INTERSEX INCARCERATED INDIVID-
 UAL'S WHO (A) WERE  DENIED  PRESUMPTIVE  PLACEMENT  IN  ACCORDANCE  WITH
 SUBDIVISION  THREE  OF  THIS  SECTION;  AND (B) VOLUNTARILY OPTED OUT OF
 PRESUMPTIVE  PLACEMENT  IN  ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS
 SECTION;  AND (C) WERE KEPT IN INVOLUNTARY PROTECTIVE CUSTODY FOR LONGER
 THAN FOURTEEN DAYS. REPORTS REQUIRED BY THIS SECTION SHALL BE POSTED  ON
 THE WEBSITE MAINTAINED BY THE DEPARTMENT. REPORTS MAY INCLUDE DE-IDENTI-
 FIED  INDIVIDUAL  INFORMATION  IN  THE  AGGREGATE, BUT SHALL NOT INCLUDE
 PERSONALLY IDENTIFIABLE INFORMATION.
   8. A VIOLATION OF THIS SECTION IS A VIOLATION OF  SECTION  FORTY-C  OF
 THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
 LAW.     ANY  INDIVIDUAL  AGGRIEVED  UNDER  THIS  SECTION  MAY  INITIATE
 PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION  OR  IN  THE  NEW  YORK
 STATE  DIVISION  OF  HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   § 4. Section 500-b of the correction law is amended by  adding  a  new
 subdivision 14 to read as follows:
   14.  (A) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY INCARCER-
 ATED INDIVIDUAL DETERMINED TO HAVE  A  GENDER  IDENTITY  DIFFERENT  FROM
 THEIR  ASSIGNED  SEX  AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA,
 WHO HAS A VARIATION IN THEIR SEX CHARACTERISTICS, OR WHO IS SELF-IDENTI-
 FIED AS TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX PURSU-
 ANT TO SUBDIVISION SEVEN OF SECTION ONE  HUNDRED  THIRTY-SEVEN  OF  THIS
 CHAPTER  SHALL  BE  PRESUMPTIVELY PLACED IN A FACILITY HOUSING UNIT WITH
 INCARCERATED INDIVIDUALS OF THE GENDER MOST CLOSELY  ALIGNED  WITH  SUCH
 PERSON'S  SELF-ATTESTED  GENDER  IDENTITY  UNLESS THE PERSON OPTS OUT OF
 SUCH PLACEMENT.  PLACEMENT SHALL NOT BE CONDITIONED UPON THE INCARCERAT-
 ED INDIVIDUAL'S HISTORY OF, CONSENT TO, INTENTION TO SEEK, OR REFUSAL TO
 UNDERGO ANY TREATMENT OR INTERVENTION  REGARDING  THEIR  SEX  CHARACTER-
 ISTICS  OR  GENDER  IDENTITY, INCLUDING THOSE INTERVENTIONS DESCRIBED IN
 SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SEVEN  OF  SECTION  ONE
 HUNDRED THIRTY-SEVEN OF THIS CHAPTER.  THE INCARCERATED INDIVIDUAL SHALL
 BE  PERMITTED  TO  LEAVE  SUCH  PLACEMENT AND TRANSFER TO A UNIT HOUSING
 INDIVIDUALS OF THEIR 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 HOUSING UNIT WITH PERSONS  OF
 THE  GENDER  THAT  MOST  CLOSELY  ALIGNS WITH THEIR SELF-ATTESTED GENDER
 IDENTITY AT ANY TIME. SUCH PRESUMPTIVE PLACEMENT MAY BE  OVERCOME  BY  A
 DETERMINATION  IN  WRITING  BY THE CHIEF ADMINISTRATIVE OFFICER OR THEIR
 DESIGNEE THAT THERE IS CLEAR AND CONVINCING EVIDENCE  THAT  SUCH  PERSON
 PRESENTS  A  CURRENT  DANGER OF COMMITTING GENDER-BASED VIOLENCE AGAINST
 OTHERS. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL  NOT  BE  BASED  ON  ANY
 DISCRIMINATORY  REASONS,  INCLUDING  BUT  NOT LIMITED TO (1) THE PAST OR
 CURRENT SEX CHARACTERISTICS, INCLUDING  CHROMOSOMES,  GENITALS,  GONADS,
 OTHER  INTERNAL  OR EXTERNAL REPRODUCTIVE ANATOMY, SECONDARY SEX CHARAC-
 TERISTICS, OR HORMONE FUNCTION OF THE PERSON WHOSE HOUSING PLACEMENT  IS
 AT  ISSUE, (2) THE SEXUAL ORIENTATION OF THE PERSON WHOSE HOUSING PLACE-
 MENT IS AT ISSUE, (3) THE COMPLAINTS OF OTHER INCARCERATED  INDIVIDUAL'S
 WHO  DO  NOT  WISH  TO BE HOUSED WITH A NON-CISGENDER PERSON DUE TO THAT
 PERSON'S GENDER IDENTITY, OR SEX CHARACTERISTICS OR (4) A FACTOR PRESENT
 AMONG OTHER PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR FACILITY. A DENIAL
 OF PRESUMPTIVE PLACEMENT SHALL BE PROVIDED IN WRITING  TO  THE  AFFECTED
 PERSON WITHIN TWO DAYS OF THE DECISION BY THE CHIEF ADMINISTRATIVE OFFI-
 A. 7001--B                          5
 
 CER OR THEIR DESIGNEE.  THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIG-
 NEE  SHALL  INCLUDE  IN  THEIR  WRITTEN  DECISION  A  DESCRIPTION OF ALL
 EVIDENCE SUPPORTING THE DECISION AND AN EXPLANATION OF WHY THE  EVIDENCE
 SUPPORTS  A  DETERMINATION  THAT THE PERSON PRESENTS A CURRENT DANGER OF
 COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS. THE  CHIEF  ADMINISTRA-
 TIVE OFFICER OR THEIR DESIGNEE SHALL ATTACH ALL SUPPORTING DOCUMENTATION
 TO THE WRITTEN DECISION. THE SUPPORTING DOCUMENTATION MAY BE REDACTED AS
 NECESSARY  TO  PROTECT  ANY  PERSON'S PRIVACY OR SAFETY. UNSUBSTANTIATED
 ALLEGATIONS ARE NOT CLEAR AND CONVINCING EVIDENCE JUSTIFYING A DENIAL OF
 PRESUMPTIVE PLACEMENT OR A TRANSFER OUT OF  PRESUMPTIVE  PLACEMENT.    A
 PERSON MAY GRIEVE THE DENIAL.
   (B)  THE  CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE IS PROHIBITED
 FROM DENYING A PRESUMPTIVE PLACEMENT OR TRANSFERRING A PERSON OUT  OF  A
 PRESUMPTIVE PLACEMENT AS A FORM OF DISCIPLINE.
   (C)  A  TRANSGENDER,  GENDER  NONCONFORMING, OR NONBINARY INCARCERATED
 INDIVIDUAL EXPERIENCING HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE  DUE
 TO  THEIR  GENDER IDENTITY OR SEX CHARACTERISTICS SHALL NOT BE PLACED IN
 INVOLUNTARY PROTECTIVE CUSTODY FOR MORE THAN FOURTEEN DAYS AS  A  RESULT
 OF SUCH HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED
 IN  A LEAST-RESTRICTIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAV-
 IOR.
   (D) ALL PEOPLE SHALL RECEIVE NOTICE  IN  WRITING  IN  A  LANGUAGE  AND
 MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION
 UPON THEIR ADMISSION TO A LOCAL CORRECTIONAL FACILITY. THE SHERIFF SHALL
 PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SUBDIVISION TO ALL CORREC-
 TIONAL  PERSONNEL  WHO  ARE  INVOLVED IN THE SUPERVISION OR PLACEMENT OF
 INCARCERATED INDIVIDUAL'S.
   (E) THE SHERIFF OF EACH COUNTY SHALL REPORT,  IN  A  FORM  AND  MANNER
 PRESCRIBED  BY THE COMMISSION, THE NUMBER OF TRANSGENDER, GENDER NONCON-
 FORMING, OR NONBINARY INCARCERATED  INDIVIDUAL'S  WHO  (1)  WERE  DENIED
 PRESUMPTIVE  PLACEMENT IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVI-
 SION; AND (2) VOLUNTARILY OPTED OUT OF PRESUMPTIVE PLACEMENT IN  ACCORD-
 ANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND (3) WERE KEPT IN INVOL-
 UNTARY  PROTECTIVE CUSTODY FOR LONGER THAN FOURTEEN DAYS. THE COMMISSION
 SHALL INCLUDE SUCH INFORMATION IN ITS ANNUAL REPORT PURSUANT TO  SECTION
 FORTY-FIVE  OF  THIS  CHAPTER, BUT SHALL EXCLUDE IDENTIFYING INFORMATION
 FROM SUCH REPORT. REPORTS REQUIRED BY THIS PROVISION SHALL BE POSTED  ON
 THE WEBSITE MAINTAINED BY THE COMMISSION.
   (F)  A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION FORTY-C
 OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
 TIVE LAW. ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION  MAY  INITIATE
 PROCEEDINGS  IN  A  COURT  OF  COMPETENT JURISDICTION OR IN THE NEW YORK
 STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE  RELIEF  AND  DAMAGES,
 INCLUDING REASONABLE ATTORNEY FEES.
   §  5.  Section  500-k  of the correction law, as separately amended by
 chapters 93 and 322 of the laws of 2021, is amended to read as follows:
   § 500-k. Treatment of incarcerated individuals. 1.  Subdivisions  five
 [and],  six  AND SEVEN of section one hundred thirty-seven of this chap-
 ter, except paragraphs (d) and (e) of subdivision six of  such  section,
 relating  to  the treatment of incarcerated individuals in state correc-
 tional facilities are applicable to incarcerated individuals confined in
 county jails; except that the report required by paragraph (f) of subdi-
 vision 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.
 A. 7001--B                          6
 
   2. Notwithstanding any other section of law to the contrary,  subdivi-
 sion  thirty-four of section two of this chapter, and subparagraphs (i),
 (iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m)  of
 subdivision  six  of  section  one  hundred thirty-seven of this chapter
 shall  not  apply to local correctional facilities with a total combined
 capacity of five hundred [inmates] INCARCERATED INDIVIDUAL'S or fewer.
   § 6. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section 500-b of the correction law made by section
 four of this act shall not affect the repeal of such section  and  shall
 be  deemed  repealed therewith; provided, further, that if chapter 93 of
 the laws of 2021 shall not have taken effect on or before such date then
 section five of this act shall take effect on the same date and  in  the
 same manner as such chapter of the laws of 2021 takes effect.

Assembly Bill A7001B

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Assembly Bill A7001B

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Sponsored By

ROZIC

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2021-A7001 - Details

2021-A7001 - Summary

2021-A7001 - Bill Text download pdf

co-Sponsors

Emily Gallagher

Jessica Gonzalez-Rojas

Charles Lavine

Richard Gottfried

2021-A7001A - Details

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co-Sponsors

Emily Gallagher

Jessica Gonzalez-Rojas

Charles Lavine

Richard Gottfried

2021-A7001B (ACTIVE) - Details

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