BILL NUMBER: S744

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to the housing of trans-
gender or intersex incarcerated individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow county jails to comply with the classification requirements of
the Prison Rape Elimination Act (PREA).

 
SUMMARY OF PROVISIONS:

Section 1 of the proposal adds a new subdivision (14) of section 500-b
of the Correction Law that allows a local correctional facility to
assign a transgender or intersex inmate to any facility housing unit
which ensures the inmate's health and safety and is consistent with
facility management and security.

Section 2 Effective date: sixty days after it shall have become a law.
              

 
EXISTING LAW:

Correction Law § 500-b requires the separate housing of male and female
inmates.

 
JUSTIFICATION:

New York State Correction Law § 500-b prohibits county jails from
assigning male and female inmates to the same housing unit. The U.S.
Department of Justice's Prison Rape Elimination Act (PREA) National
Standards (Part 115 of Title 28 of the Code of Federal Regulations)
require a county jail, in deciding whether to assign a transgender or
intersex inmate to a facility for male or female inmates, and in making
other housing and programming assignments, to consider on a case-by-case
basis whether a placement would ensure the inmate's health and safety,
and whether the placement would present management or security prob-
lems." 28 C.F.R. § 115.42(c). The current inmate classification require-
ments of Correction Law 5 500-b often prove problematic when local
correctional facilities attempt to determine suitable housing for a
transgender or intersex inmate. Where an inmate's gender or sex Is ques-
tioned, a local correctional facility often requires an immediate
medical examination to render a determination.

Following such a determination, the rigid male/female classification
categories of Correction Law g 500-b may prevent a facility administra-
tor from placing a transgender or intersex inmate in the housing unit
that would otherwise prove the most safe and secure for both the inmate
and the facility. By aligning New York State Correction Law 5 500-b with
the transgender and intersex inmate classification provisions of PREA,
county jails would be capable of complying with both state and federal
requirements.

 
PRIOR LEGISLATIVE HISTORY:

S.2194 of 2021-22, Referred to Crime Victims, Crimeand Correction;

S.3261 of 2019-20, Referred to Crime Victims, Crimeand Correction;

S.8709 of 2018, Referred to Crime Victims, Crime andCorrection

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

As proposed, the bill will allow local correctional facilities to comply
with the transgender and intersex inmate classification requirements of
the Prison Rape Elimination Act (PREA) and therefore receive full feder-
al funding.

 
EFFECTIVE DATE:
Sixty days after it shall have become law.