Senate Bill S3210A

2021-2022 Legislative Session

Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees

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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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Bill Amendments

2021-S3210 - Details

See Assembly Version of this Bill:
A6374
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in 2023-2024 Legislative Session:
S4337, A3880

2021-S3210 - Summary

Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees; establishes any individual who participates in such behavior shall be disciplined by the department and may have their employment terminated for cause.

2021-S3210 - Sponsor Memo

2021-S3210 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3210
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 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  prohibiting
   corrections employees from participating in degrading behavior towards
   incarcerated persons or fellow employees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 137  of  the  correction  law,  as
 added by chapter 476 of the laws of 1970, is amended to read as follows:
   5.  No  [inmate]  INCARCERATED  PERSON  in  the care or custody of the
 department shall be subjected to  degrading,  RACIST  OR  DISCRIMINATORY
 treatment,  and  no  officer  or  other employee of the department shall
 inflict any blows whatever upon any [inmate] INCARCERATED PERSON, unless
 in self defense, or to suppress  a  revolt  or  insurrection.  When  any
 [inmate,  or group of inmates,] INCARCERATED PERSON shall offer violence
 to any person, or do or attempt to do any injury to property, or attempt
 to escape, or resist or disobey any lawful direction, the  officers  and
 employees shall use all suitable means to defend themselves, to maintain
 order,  to  enforce  observation of discipline, to secure the persons of
 the offenders and to prevent any such attempt or escape.  NO EMPLOYEE OF
 THE DEPARTMENT SHALL INSULT AN INCARCERATED PERSON OR DEPARTMENT EMPLOY-
 EE BY CALLING SUCH INDIVIDUAL A DEGRADING NAME OR OTHERWISE ENGAGING  IN
 TREATMENT  INTENDED  TO  HUMILIATE,  OFFEND,  PROVOKE  OR DENIGRATE SUCH
 PERSON BASED ON THE  INDIVIDUAL'S  AGE,  RACE,  CREED,  COLOR,  NATIONAL
 ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, MILITARY
 STATUS, SEX, DISABILITY, PREDISPOSING GENETIC  CHARACTERISTICS,  OR  THE
 NATURE OF THE INDIVIDUAL'S CRIME OF CONVICTION. ANY EMPLOYEE WHO ENGAGES
 IN  SUCH  DEGRADING  TREATMENT  OF AN INCARCERATED INDIVIDUAL OR ANOTHER
 EMPLOYEE SHALL BE DISCIPLINED BY  THE  DEPARTMENT  AND  MAY  HAVE  THEIR
 EMPLOYMENT TERMINATED FOR CAUSE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2021-S3210A (ACTIVE) - Details

See Assembly Version of this Bill:
A6374
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in 2023-2024 Legislative Session:
S4337, A3880

2021-S3210A (ACTIVE) - Summary

Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees; establishes any individual who participates in such behavior shall be disciplined by the department and may have their employment terminated for cause.

2021-S3210A (ACTIVE) - Sponsor Memo

2021-S3210A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3210--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 Crime Victims, Crime and
   Correction 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  prohibiting
   corrections employees from participating in degrading behavior towards
   incarcerated persons or fellow employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section 137 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   5. No incarcerated individual in the care or custody of the department
 shall be subjected to degrading, RACIST OR DISCRIMINATORY treatment, and
 no  officer  or other employee of the department shall inflict any blows
 whatever upon any incarcerated individual, unless in self defense, or to
 suppress a revolt or insurrection. When any incarcerated individual,  or
 group  of  incarcerated individuals, shall offer violence to any person,
 or do or attempt to do any injury to property, or attempt to escape,  or
 resist or disobey any lawful direction, the officers and employees shall
 use  all  suitable  means  to  defend  themselves, to maintain order, to
 enforce observation of discipline, to secure the persons of  the  offen-
 ders  and  to  prevent  any  such  attempt or escape. NO EMPLOYEE OF THE
 DEPARTMENT SHALL INSULT AN INCARCERATED INDIVIDUAL OR DEPARTMENT EMPLOY-
 EE BY CALLING SUCH INDIVIDUAL A DEGRADING NAME OR OTHERWISE ENGAGING  IN
 TREATMENT INTENDED TO HUMILIATE, OFFEND, PROVOKE OR DENIGRATE SUCH INDI-
 VIDUAL  BASED  ON  HIS  OR HER AGE, RACE, CREED, COLOR, NATIONAL ORIGIN,
 SEXUAL ORIENTATION, GENDER   IDENTITY OR  EXPRESSION,  MILITARY  STATUS,
 SEX,  DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR THE NATURE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03956-05-2

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