NY State Senate Bill 2023-S6975

Senate Bill S6975

2023-2024 Legislative Session

Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities

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Current Bill Status - On Floor Calendar

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2024	ordered to third reading rules cal.452 substituted for a8820
Feb 14, 2024	referred to governmental operations delivered to assembly passed senate
Jan 29, 2024	advanced to third reading
Jan 24, 2024	2nd report cal.
Jan 23, 2024	1st report cal.209
Jan 03, 2024	referred to crime victims, crime and correction returned to senate died in assembly
Jun 05, 2023	referred to governmental operations delivered to assembly passed senate
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1226
May 16, 2023	referred to crime victims, crime and correction

Votes

- Feb 14, 2024 - Floor Vote
  S6975
  
  55
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  6
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 14, 2024
      
      aye (55)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      nay (2)
      
      Oberacker
      
      Weik
      
      excused (6)
      
      Cooney
      
      Gallivan
      
      Gianaris
      
      Krueger
      
      Thomas
      
      Walczyk
  Jun 5, 2023 - Floor Vote
  S6975
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (2)
      
      Oberacker
      
      Walczyk
      
      excused (2)
      
      Cooney
      
      Felder
  Jan 22, 2024 - Crime Victims, Crime And Correction Committee Vote
  S6975
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Jan 22, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison
  May 22, 2023 - Crime Victims, Crime And Correction Committee Vote
  S6975
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 22, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

co-Sponsors

2023-S6975 (ACTIVE) - Details

See Assembly Version of this Bill:: A8820
Law Section:: Executive Law
Laws Affected:: Amd §53, add §54-a, Exec L

2023-S6975 (ACTIVE) - Summary

Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.

2023-S6975 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6975

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing the state
inspector general to receive and investigate complaints of sexual
assault in correctional facilities and other places operated by the
department of corrections and community supervision for the confinement
of persons

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize and require the NYS Office of
the Inspector General to receive and investigate complaints of sexual
assault of incarcerated individuals in DOCCS facilities, and specifies
the protocol and procedures for access to reporting. Additionally, this
bill requires that all complaints remain anonymous, and protects indi-
viduals that are reporting sexual assault from retaliation.

 
SUMMARY OF PROVISIONS:

Section 1 - Section 53 of Article 4-A of the Executive Law is amended by
adding new a new paragraph 8 authorizing the Office of the Inspector
General to receive and investigate complaints of sexual assault in DOCCS
facilities.

Section 2 - The executive law is amended by adding a new section 54-a
relating to incidents of sexual assault in DOCCS facilities with the
following provisions:

Subd. 1 contains definitions of the terms "Institution," "Sexual
Assault," and "Non-consensual."

Subd. 2 establishes the right of individuals in custody of DOCCS to
report claims of sexual assault to the state inspector general.

Subd. 3 creates a confidential and secure reporting system

Subd. 4 contains further specification of the procedures.

Subd. 5 requires the inspector general to develop protocols and proce-
dures for the reporting and investigation of sexual assault allegations.

Subd. 6 prohibits retaliation, harassment, or any other type of retrib-
ution against an individual who has made a report of sexual assault and
provides that such actions shall also be subject to investigation and
referral for prosecution.

Subd. 7 provides that the state inspector general and DOCCS shall take
all necessary measures to implement the provisions of this act.

Section 3 - Establishes the effective date.

 
JUSTIFICATION:

Sexual violence, harassment, and assault is a consistent and deeply
problematic issue impacting incarcerated individuals in Department of
Corrections and Community Supervision (DOCCS)facilities across New York
State. In 2022, The New York State Senate held a Joint Public Hearing to
address this topic.(1) Multiple organizations and formerly incarcerated
impacted individuals testified at this hearing, detailing specific inci-
dents of sexual assault while incarcerated, most of which which never
received timely, appropriate, or adequate care or responses to griev-
ances or reports filed against the individuals who assaulted them.

In 2022, after the passage of the Adult Survivors Act, over 750 women
came forward to take legal action regarding the sexual abuse and assault
they experienced while incarcerated in DOCCS facilities.(2) This horrif-
ic abuse not only includes violent rape and sexual abuse by correctional
staff, but also severe retaliation and threats if the survivor of the
rape or abuse were to tell anyone about it.  Unfortunately, these 750
women are not the only ones. Women and LGBTQIA+ incarcerated individuals
are disproportionately sexually assaulted in DOCCS Facilities. The New
York Civil Liberties Union (NYCLU) reports statistics from a recent
survey by the Sylvia Rivera Law Project and TakeRoot Justice, in which
75% of respondents, the majority of whom are transgender women of color,
"reported at least one instance of sexual violence by corrections offi-
cers," and 81% of those respondents reported the incident which resulted
in inaction, retaliation, or solitary confinement.(3)

Current reporting methods, such as the Prison Rape Elimination Act
(PREA), are ineffective and often inaccessible for survivors of sexual
assault in prison. The New York State Coalition Against Sexual Assault
(NYSCASA), which is tasked with statewide implementation of PREA, shared
in their hearing testimony in 2022 that survivors do not have adequate
or anonymous access to reporting mechanisms, which is required by PREA,
and reports that are made often lead to retaliation or further victimi-
zation. Additionally, PREA complaints can take weeks to be processed,
which does not address the need for immediate assistance.(4) This inef-
fective reporting method makes it particularly challenging to collect
and analyze data surrounding this topic. This is why this bill is so
critical, not only to ensure accountability for correctional staff that
sexually assault or harass incarcerated individuals, but also to collect
and analyze data more efficiently to better understand the scope of this
issue.

The Office of the Inspector General already "conducts in-depth investi-
gations and analyses of alleged criminal wrongdoing, corruption,
conflicts of interest, fraud and abuse in New York State
agencies/entities which fall under its jurisdiction," in which DOCCS is
included. This also includes "...improper relationships between incar-
cerated persons and DOCCS staff."(5) Assigning this responsibility to
The Office of the Inspector General allows for unbiased investigation
into allegations against DOCCS staff, and will create a safer option for
incarcerated survivors of sexual assault and abuse to report.

 
FISCAL IMPLICATIONS:

The Offices of the Inspector General will need to hire additional staff.
The exact fiscal impact is to be determined.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become law.
1 https://www.nysenate.gov/calendar/public-hearings/
march-03-2022/joint-public-hearing-impact-sexual-assault-prison-system
2 https://nypost.com/2022/11/17/hundreds-to-sue-over-sexual-abuse-
in-new-york-prisons/
3 https://www.nysenate_gov_/sites/default/files/nyclu_testimony- impact
of sexual assault in the prison system - 3-3-22 1.pdf
4 https://www.nysenate.gov/sites/default/files/2022-02-22_nyscasa_
testimony_senate_committee_hearing_on_sexual_assault_in_prisons.pdf
5 https://ig.ny.gov/doccs-and-special-investigations

2023-S6975 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6975
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 executive law, in relation to authorizing the state
   inspector general to receive  and  investigate  complaints  of  sexual
   assault  in  correctional  facilities and other places operated by the
   department of corrections and community supervision for  the  confine-
   ment of persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 53 of the executive law, as  added
 by  chapter  766 of the laws of 2005, is amended and a new subdivision 8
 is added to read as follows:
   7. establish  programs  for  training  state  officers  and  employees
 regarding  the prevention and elimination of corruption, fraud, criminal
 activity, conflicts of interest or abuse in covered agencies[.]; AND
   8. RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL ASSAULT IN CORRECTION-
 AL FACILITIES AND OTHER PLACES OPERATED BY THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION FOR THE CONFINEMENT OF PERSONS  IN  ACCORDANCE
 WITH SECTION FIFTY-FOUR-A OF THIS ARTICLE.
   § 2. The executive law is amended by adding a new section 54-a to read
 as follows:
   §  54-A. INCIDENTS OF SEXUAL ASSAULT IN INSTITUTIONS IN THE DEPARTMENT
 OF CORRECTIONS  AND  COMMUNITY  SUPERVISION.  1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   A.  "INSTITUTION"  SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
   B. "SEXUAL ASSAULT" OR ANY DERIVATIVE TERM THEREOF MEANS ANY  NON-CON-
 SENSUAL  SEXUAL  CONTACT,  INCLUDING  BUT  NOT  LIMITED TO THE FOLLOWING
 OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW:  (I)

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11379-02-3
 S. 6975                             2

 
 RAPE; (II) CRIMINAL SEXUAL ACT; (III) SEXUAL MISCONDUCT; AND (IV) SEXUAL
 ABUSE.
   C.  "NON-CONSENSUAL"  OR  ANY DERIVATIVE WORD OR PHRASE SHALL HAVE THE
 SAME MEANING AS "LACK OF CONSENT" AS DEFINED IN SECTION  130.05  OF  THE
 PENAL LAW.
   2.  A.  THE  STATE  INSPECTOR  GENERAL  SHALL  RECEIVE AND INVESTIGATE
 COMPLAINTS FROM ANY SOURCE CONCERNING ALLEGATIONS OF SEXUAL  ASSAULT  OF
 INCARCERATED  INDIVIDUALS  IN  INSTITUTIONS. THE STATE INSPECTOR GENERAL
 SHALL HAVE ALL POWERS AS SET FORTH IN SECTION FIFTY-FOUR OF THIS ARTICLE
 AND TO TAKE ANY OTHER ACTIONS NECESSARY TO CONDUCT A THOROUGH AND IMPAR-
 TIAL INVESTIGATION.
   B. ANY INDIVIDUAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS  AND
 COMMUNITY  SUPERVISION  WHO CLAIMS TO HAVE BEEN SEXUALLY ASSAULTED IN AN
 INSTITUTION SHALL HAVE THE RIGHT TO REPORT THE INCIDENT DIRECTLY TO  THE
 STATE INSPECTOR GENERAL.
   3.  A.  THE  STATE  INSPECTOR  GENERAL SHALL CREATE A CONFIDENTIAL AND
 SECURE REPORTING SYSTEM FOR INDIVIDUALS IN THE CUSTODY OF THE DEPARTMENT
 OF CORRECTIONS AND COMMUNITY SUPERVISION TO REPORT INCIDENTS  OF  SEXUAL
 ASSAULT IN SUCH INSTITUTIONS.
   B.  THE STATE INSPECTOR GENERAL SHALL DEVELOP PROTOCOLS AND PROCEDURES
 FOR THE REPORTING AND INVESTIGATION OF  SEXUAL  ASSAULT  ALLEGATIONS  IN
 INSTITUTIONS. PROTOCOLS SHALL INCLUDE, AT A MINIMUM:
   (I) PROCEDURES FOR THE IMMEDIATE AND CONFIDENTIAL REPORTING OF ALLEGA-
 TIONS OF SEXUAL ASSAULT;
   (II)  PROCEDURES  FOR  THE  COLLECTION OF EVIDENCE, INCLUDING FORENSIC
 EVIDENCE;
   (III) PROCEDURES FOR CONDUCTING THOROUGH AND IMPARTIAL  INVESTIGATIONS
 OF  SEXUAL  ASSAULT  ALLEGATIONS,  INCLUDING INTERVIEWS WITH THE ALLEGED
 VICTIM, WITNESSES, AND THE ACCUSED;
   (IV) PROCEDURES FOR NOTIFYING VICTIMS OF THE STATUS OF THEIR CASE  AND
 THE OUTCOME OF THE INVESTIGATION;
   (V)  PROCEDURES  FOR  THE  REFERRAL  OF CASES FOR CRIMINAL PROSECUTION
 WHERE APPROPRIATE; AND
   (VI) PROCEDURES FOR TRACKING AND REPORTING ON SEXUAL  ASSAULT  ALLEGA-
 TIONS, INVESTIGATIONS, AND OUTCOMES.
   4.  WHEN  THE  STATE INSPECTOR GENERAL COMMENCES AN INVESTIGATION OF A
 COMPLAINT OF SEXUAL ASSAULT IN AN INSTITUTION, SUCH INVESTIGATION  SHALL
 BE  CONDUCTED  IN  ACCORDANCE  WITH  PROTOCOLS, POLICIES, AND PROCEDURES
 ESTABLISHED BY THE STATE INSPECTOR GENERAL AND SHALL INCLUDE THE FOLLOW-
 ING:
   A. INTERVIEWS WITH THE VICTIM, WITNESSES, AND  ANY  ALLEGED  PERPETRA-
 TORS;
   B.  COLLECTION  AND  ANALYSIS OF PHYSICAL AND FORENSIC EVIDENCE, IF OR
 WHEN APPLICABLE;
   C. REVIEW OF RELEVANT INSTITUTIONAL OR DEPARTMENTAL RECORDS AND  POLI-
 CIES, IF RELEVANT TO THE INVESTIGATION;
   D.  COORDINATION  WITH  LAW ENFORCEMENT AUTHORITIES AND OTHER RELEVANT
 AGENCIES AS NECESSARY; AND
   E. ANY OTHER INVESTIGATIVE STEPS DEEMED  NECESSARY  TO  DETERMINE  THE
 FACTS AND CIRCUMSTANCES OF THE ALLEGED SEXUAL ASSAULT.
   5.  THE  PROTOCOL  AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION
 SHALL BE MADE AVAILABLE TO ALL INCARCERATED INDIVIDUALS AND AND SHALL BE
 REGULARLY REVIEWED AND UPDATED BY THE STATE INSPECTOR GENERAL, AS  NEED-
 ED.
   A. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN CONSUL-
 TATION  WITH  THE  OFFICE  OF THE STATE INSPECTOR GENERAL, SHALL PROVIDE
 S. 6975                             3
 
 INDIVIDUALS IN ITS CUSTODY WITH INFORMATION  ON  HOW  TO  REPORT  SEXUAL
 ASSAULT  TO THE STATE INSPECTOR GENERAL, INCLUDING INFORMATION ON HOW TO
 CONTACT THE STATE INSPECTOR GENERAL'S OFFICE, AND SHALL MAKE THIS INFOR-
 MATION READILY AVAILABLE IN A VARIETY OF FORMATS.
   B. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN CONSUL-
 TATION  WITH  THE  OFFICE  OF THE STATE INSPECTOR GENERAL, SHALL PROVIDE
 INDIVIDUALS IN ITS CUSTODY WITH ACCESS  TO  A  CONFIDENTIAL  AND  SECURE
 METHOD  FOR  REPORTING  SEXUAL  ASSAULT  TO THE STATE INSPECTOR GENERAL,
 INCLUDING THE USE OF A HOTLINE OR OTHER SIMILAR SYSTEMS.
   C. THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  SHALL
 ENSURE  THAT  ANY  REPORTS  OF SEXUAL ASSAULT MADE BY INDIVIDUALS IN ITS
 CUSTODY WHEN THIS ACT TAKES EFFECT  ARE  IMMEDIATELY  FORWARDED  TO  THE
 OFFICE OF THE STATE INSPECTOR GENERAL.
   6.  A.  ANY INDIVIDUAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION WHO REPORTS A  SEXUAL  ASSAULT  TO  THE  STATE
 INSPECTOR  GENERAL  SHALL  BE PROTECTED FROM RETALIATION, HARASSMENT, OR
 ANY OTHER FORM OF RETRIBUTION OR ADVERSE TREATMENT AS A RESULT OF MAKING
 SUCH REPORT. ANY ALLEGATIONS OF RETALIATION, HARASSMENT,  OR  ANY  OTHER
 FORM  OF RETRIBUTION AGAINST AN INDIVIDUAL WHO REPORTS SEXUAL ASSAULT TO
 THE STATE INSPECTOR GENERAL SHALL BE SUBJECT TO INVESTIGATION AND POTEN-
 TIAL REFERRAL FOR PROSECUTION PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
 CLE.
   B.  THE OFFICE OF THE STATE INSPECTOR GENERAL SHALL PROTECT THE CONFI-
 DENTIALITY OF INDIVIDUALS WHO FILE REPORTS OF SEXUAL ASSAULT  IN  INSTI-
 TUTIONS TO THE FULLEST EXTENT OF THE LAW.
   7.  THE  STATE INSPECTOR GENERAL AND THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION SHALL TAKE ALL NECESSARY MEASURES TO IMPLEMENT THE
 PROVISIONS OF THIS ACT, INCLUDING BUT NOT LIMITED TO TRAINING  STAFF  ON
 THE REPORTING PROCESS TO THE STATE INSPECTOR GENERAL.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6975

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Sponsored By

Julia Salazar