S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  709--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. ROZIC, GALLAGHER, GONZALEZ-ROJAS, LAVINE, SIMON,
   EPSTEIN, BRONSON, WEPRIN, KELLES, SEAWRIGHT, JACKSON, BURDICK,  GLICK,
   FORREST,  LUPARDO,  FAHY, CRUZ, GIBBS, BORES -- 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 INDIVIDUAL IN A CORRECTIONAL FACILITY OR OTHER
 INSTITUTION  WHO  HAS A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED
 SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA, WHO HAS  A  VARI-
 ATION  IN THEIR SEX CHARACTERISTICS, OR WHO SELF-IDENTIFIES AS TRANSGEN-
 DER, GENDER NONCONFORMING, 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00512-03-3
 A. 709--A                           2
              

 
 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 (G)
 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 OR OTHER INSTITUTION.
   (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'S FEES.
   § 3. The correction law is amended by adding a  new  section  72-d  to
 read as follows:
   §  72-D. PLACEMENT OF INCARCERATED INDIVIDUALS BASED ON GENDER IDENTI-
 TY. 1. AN INCARCERATED INDIVIDUAL WHO HAS A GENDER IDENTITY THAT DIFFERS
 FROM THEIR ASSIGNED SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER  DYSPHO-
 RIA, WHO HAS A VARIATION IN THEIR SEX CHARACTERISTICS, OR WHO SELF-IDEN-
 TIFIES  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 OR
 OTHER  INSTITUTION  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.    PLACEMENT SHALL NOT BE CONDITIONED UPON THE
 INCARCERATED INDIVIDUAL'S HISTORY OF, CONSENT TO, INTENTION TO SEEK,  OR
 A. 709--A                           3
 
 REFUSAL  TO  UNDERGO  ANY  TREATMENT OR INTERVENTION REGARDING THEIR SEX
 CHARACTERISTICS  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  INDIVIDUALS  WHO  DO NOT WISH TO BE
 HOUSED WITH A NON-CISGENDER OR INTERSEX  PERSON  DUE  TO  THAT  PERSON'S
 GENDER  IDENTITY  OR  SEX CHARACTERISTICS, OR (D) A FACTOR PRESENT AMONG
 OTHER PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR FACILITY.   AFTER  BEING
 NOTIFIED  THAT A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTER-
 SEX PERSON IS SEEKING PRESUMPTIVE PLACEMENT, THE DEPARTMENT  SHALL  HAVE
 TWO DAYS TO MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION.  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.
   4. THE DEPARTMENT'S DECISION PURSUANT TO  SUBDIVISION  THREE  OF  THIS
 SECTION IS FINAL AND SHALL NOT BE GRIEVABLE.
   5. AN INCARCERATED INDIVIDUAL DENIED PRESUMPTIVE PLACEMENT PURSUANT TO
 SUBDIVISION  THREE  OF THIS SECTION MAY RE-APPLY FOR PRESUMPTIVE HOUSING
 AT ANY TIME WHEN THERE IS INFORMATION THAT WAS NOT PREVIOUSLY  SUBMITTED
 TO  THE  COMMISSIONER  OR  THE  COMMISSIONER'S DESIGNEE OR WHEN PREVIOUS
 INFORMATION WAS IMPROPERLY WEIGHED BY THE COMMISSIONER  OR  THE  COMMIS-
 SIONER'S  DESIGNEE.  SUCH  APPLICATION  SHALL  BE SUBJECT TO SUBDIVISION
 THREE OF THIS SECTION.
   6. THE DEPARTMENT IS PROHIBITED FROM DENYING A  PRESUMPTIVE  PLACEMENT
 OR  TRANSFERRING  A  PERSON  OUT OF A PRESUMPTIVE PLACEMENT AS A FORM OF
 DISCIPLINE.
   7. 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
 A. 709--A                           4
 
 SHALL  BE  HOUSED IN A LEAST-RESTRICTIVE SETTING WHERE THEY WILL BE SAFE
 FROM SUCH BEHAVIOR.
   8. 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 OR OTHER INSTITUTION.  THE DEPART-
 MENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SECTION TO  ALL
 CORRECTIONAL  PERSONNEL WHO ARE INVOLVED IN THE SUPERVISION OR PLACEMENT
 OF INCARCERATED INDIVIDUALS.
   9. 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-
 PERSON OF THE ASSEMBLY CORRECTION COMMITTEE ON THE NUMBER  OF  TRANSGEN-
 DER,  GENDER NONCONFORMING, NONBINARY, OR INTERSEX INCARCERATED INDIVID-
 UALS WHO (A)  WERE  DENIED  PRESUMPTIVE  PLACEMENT  IN  ACCORDANCE  WITH
 SUBDIVISION THREE OF THIS SECTION; (B) VOLUNTARILY OPTED OUT OF PRESUMP-
 TIVE  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-IDENTIFIED INDIVID-
 UAL INFORMATION IN THE AGGREGATE, BUT SHALL NOT INCLUDE PERSONALLY IDEN-
 TIFIABLE INFORMATION.
   10.  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'S 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 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 FACILITY HOUSING UNIT WITH  INCARCER-
 ATED  INDIVIDUALS  OF THE GENDER MOST CLOSELY ALIGNED WITH SUCH PERSON'S
 SELF-ATTESTED GENDER IDENTITY UNLESS THE PERSON OPTS OUT OF SUCH  PLACE-
 MENT.  PLACEMENT SHALL NOT BE CONDITIONED UPON THE INCARCERATED INDIVID-
 UAL'S  HISTORY  OF, CONSENT TO, INTENTION TO SEEK, OR REFUSAL TO UNDERGO
 ANY TREATMENT OR INTERVENTION REGARDING  THEIR  SEX  CHARACTERISTICS  OR
 GENDER IDENTITY, INCLUDING THOSE INTERVENTIONS DESCRIBED IN SUBPARAGRAPH
 (V)  OF  PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIR-
 TY-SEVEN OF THIS CHAPTER.  THE INCARCERATED INDIVIDUAL SHALL BE  PERMIT-
 TED  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  CHARACTER-
 A. 709--A                           5
 
 ISTICS,  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,  (2)  THE
 SEXUAL  ORIENTATION  OF  THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE,
 (3) THE COMPLAINTS OF OTHER INCARCERATED INDIVIDUALS WHO DO NOT WISH  TO
 BE  HOUSED  WITH A NON-CISGENDER OR INTERSEX 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.  AFTER BEING
 NOTIFIED THAT A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR  INTER-
 SEX  PERSON  IS  SEEKING PRESUMPTIVE PLACEMENT, THE CHIEF ADMINISTRATIVE
 OFFICER OR THEIR DESIGNEE SHALL HAVE TWO DAYS TO  MAKE  A  DETERMINATION
 PURSUANT  TO  THIS SUBDIVISION.  A DENIAL OF PRESUMPTIVE PLACEMENT SHALL
 BE PROVIDED IN WRITING TO THE AFFECTED PERSON WITHIN  TWO  DAYS  OF  THE
 DECISION  BY  THE  CHIEF  ADMINISTRATIVE OFFICER OR THEIR DESIGNEE.  THE
 CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE 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 ADMINISTRATIVE 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.
   (B)  THE  CHIEF  ADMINISTRATIVE OFFICER'S OR THEIR DESIGNEE'S DECISION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS FINAL AND  NOT  GRIEVA-
 BLE.
   (C)  AN  INCARCERATED INDIVIDUAL DENIED PRESUMPTIVE PLACEMENT PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION MAY RE-APPLY FOR PRESUMPTIVE  HOUS-
 ING  AT  ANY  TIME  WHEN  THERE  IS  INFORMATION THAT WAS NOT PREVIOUSLY
 SUBMITTED TO THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE OR  WHEN
 PREVIOUS  INFORMATION WAS IMPROPERLY WEIGHED BY THE CHIEF ADMINISTRATIVE
 OFFICER OR THEIR DESIGNEE. SUCH APPLICATION IS SUBJECT TO PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   (D)  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.
   (E)  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.
   (F) 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 INDIVIDUALS.
   (G) THE SHERIFF OF EACH COUNTY SHALL REPORT,  IN  A  FORM  AND  MANNER
 PRESCRIBED  BY THE COMMISSION, THE NUMBER OF TRANSGENDER, GENDER NONCON-
 FORMING, NONBINARY, OR INTERSEX INCARCERATED INDIVIDUALS  WHO  (1)  WERE
 DENIED  PRESUMPTIVE  PLACEMENT  IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
 SUBDIVISION; (2) VOLUNTARILY  OPTED  OUT  OF  PRESUMPTIVE  PLACEMENT  IN
 ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND (3) WERE KEPT IN
 A. 709--A                           6

 INVOLUNTARY 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.
   (H) 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'S FEES.
   § 5. Section 500-b of the correction law is amended by  adding  a  new
 subdivision 15 to read as follows:
   15.  PURSUANT  TO ITS AUTHORITY UNDER SECTION FORTY-FIVE OF THIS CHAP-
 TER, THE COMMISSION IN COLLABORATION WITH THE DEPARTMENT  SHALL  PROMUL-
 GATE RULES AND REGULATIONS TO ENSURE THAT LOCAL CORRECTIONAL AUTHORITIES
 TIMELY  NOTIFY  THE DEPARTMENT WHEN A TRANSGENDER, GENDER NONCONFORMING,
 NONBINARY, OR INTERSEX PERSON IS BEING TRANSFERRED INTO THE  CUSTODY  OF
 THE  DEPARTMENT.  THE  RULES AND REGULATIONS SHALL ENSURE THE DEPARTMENT
 MAKES NECESSARY ARRANGEMENTS TO ENSURE  GENDER-ALIGNED  HOUSING,  UNLESS
 THE  IMPACTED  INDIVIDUAL  OPTS  OUT  OF  SUCH HOUSING, IMMEDIATELY UPON
 TRANSFER TO DEPARTMENT CUSTODY.
   § 6. Subdivision 1 of 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:
   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 incarcerated individ-
 uals in state correctional facilities  are  applicable  to  incarcerated
 individuals 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 sections
 four and five of this act shall not affect the repeal  of  such  section
 and shall be deemed repealed therewith.