NY State Senate Bill 2023-S7004

Senate Bill S7004

2023-2024 Legislative Session

Requires correctional facilities to distribute sexually protective devices to incarcerated individuals

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
May 16, 2023	referred to crime victims, crime and correction

2023-S7004 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §609, Cor L

2023-S7004 (ACTIVE) - Summary

Requires correctional facilities to regularly distribute sexually protective devices free of charge to incarcerated individuals.

2023-S7004 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7004

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring correction-
al facilities to distribute sexually protective devices to incarcerated
individuals

 
PURPOSE:

The purpose of this bill is to require correctional facilities to
distribute sexually protective devices and PrEP incarcerated individuals
on a regular schedule without the request of the incarcerated individ-
ual.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds § 609 to the Correction Law requiring all correctional
facilities to distribute sexually protective devices to incarcerated
individuals on a regular schedule free of charge and without request by
the incarcerated individual and to regularly distribute PrEP.

 
JUSTIFICATION:

The Center for HIV Law and Policy has found that the rate of HIV among
incarcerated individuals is five to seven times higher than that of the
general population. Two states, California and Vermont, have provided
condoms to incarcerated individuals since 2014 and 1992 respectively.
Like New York, California and Vermont do not permit sexual activities
within a prison. According to 2020 data released by the Department of
Justice, 0.8% of incarcerated individuals in California's state and
federal prisons are living with HIV; in Vermont this figure is even
lower at 0.6%. New York's prison population is well above this with 1.4%
of incarcerated individuals living with HIV. Not only is this figure
higher than California's and over double that of Vermont, but it's also
higher than the national average of 1.2%. Many large cities, including
New York City, already have programs that offer condoms to incarcerated
individuals.  Mississippi also provides condoms to incarcerated individ-
uals during conjugal visits.

New York State's Blueprint for Ending the AIDS Epidemic by 2020 recog-
nizes the need to address "current statutes that make it less likely
persons at risk for HIV will carry supplies such as condoms".  In that
spirit, New York must pursue this harm reduction strategy; acknowledging
the reality that some degree of sexual contact amongst incarcerated
individuals is inevitable and making condoms available without request
and providing access to pre-exposure Prophylaxis (PrEP). In doing so,
New York can prevent the spread of HIV between incarcerated individuals
and ultimately the general population.

 
LEGISLATIVE HISTORY:

2011-2012: S.230 - Died in Committee

2009-2010: S.1267 - Died in Committee

2007-2005: 5.2015 - Died in Committee

2006: S.4350 - Died in Committee

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Thirty days after this bill becomes law.

2023-S7004 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7004
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 requiring correction-
   al facilities to distribute sexually protective devices to incarcerat-
   ed individuals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  section  609
 to read as follows:
   §  609.  DISTRIBUTION  OF  SEXUALLY PROTECTIVE DEVICES TO INCARCERATED
 INDIVIDUALS. 1. THE WARDEN OR SUPERINTENDENT OF EACH OF THE INSTITUTIONS
 WITHIN THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
 SUPERVISION  SHALL REGULARLY DISTRIBUTE SEXUALLY PROTECTIVE DEVICES FREE
 OF CHARGE TO EACH INCARCERATED INDIVIDUAL IN HIS OR  HER  CUSTODY.  SUCH
 DISTRIBUTION  SHALL BE PART OF A ROUTINE PROGRAM AND SHALL NOT REQUIRE A
 REQUEST BY AN INCARCERATED INDIVIDUAL.
   2.  DISTRIBUTION  OF  PRE-EXPOSURE  PROPHYLAXIS   ("PREP")   FOR   THE
 PREVENTION OF HIV TO INCARCERATED INDIVIDUALS. THE WARDEN OR SUPERINTEN-
 DENT  OF EACH OF THE INSTITUTIONS WITHIN THE JURISDICTION OF THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL REGULARLY DISTRIBUTE
 PRE-EXPOSURE PROPHYLAXIS FOR THE PREVENTION OF HIV TO INCARCERATED INDI-
 VIDUALS FREE OF CHARGE TO EACH INCARCERATED INDIVIDUAL  IN  HIS  OR  HER
 CUSTODY  WHO  REQUESTS  IT. SUCH DISTRIBUTION SHALL BE PART OF A ROUTINE
 PROGRAM AND INCARCERATED INDIVIDUALS SHALL REGULARLY BE  MADE  AWARE  OF
 THE OPPORTUNITY TO PROCURE PREP.
   3. THE POSSESSION OF A SEXUALLY PROTECTIVE DEVICE OR PREP SHALL NOT BE
 CONSIDERED EVIDENCE OF ANY OFFENSE FOR THE PURPOSE OF IMPOSING PENALTIES
 OR CRIMINAL LIABILITY AGAINST THE INCARCERATED INDIVIDUAL.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09817-02-3
 S. 7004                             2

   4.  FOR  THE  PURPOSES OF THIS SECTION, A "SEXUALLY PROTECTIVE DEVICE"
 SHALL MEAN ANY ONE OF THE FOLLOWING INTENDED  TO  PREVENT  PREGNANCY  OR
 SEXUALLY TRANSMITTED INFECTION: A MALE OR FEMALE CONDOM OR A DENTAL DAM.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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