NY State Senate Bill 2023-S8879

Senate Bill S8879

2023-2024 Legislative Session

Creates a temporary state commission to study sexual misconduct in state correctional facilities

download bill text pdf

Current Bill Status - In Senate Committee Finance 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
Mar 25, 2024	referred to finance

2023-S8879 (ACTIVE) - Details

See Assembly Version of this Bill:: A3956
Current Committee:: Senate Finance
Law Section:: Correctional Services
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3755
2011-2012: A1426
2013-2014: A3721
2015-2016: A3088
2017-2018: A5863
2019-2020: A2744
2021-2022: A6784

2023-S8879 (ACTIVE) - Summary

Creates a temporary state commission to study and investigate sexual misconduct in state correctional facilities among incarcerated individuals and employees; devises a reporting system for notification of such misconduct to appropriate authorities; establishes duties and membership of such commission.

2023-S8879 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8879

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to create a temporary state commission to study and investigate
sexual misconduct in state correctional facilities; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To use the recommendations by the commission to determine the feasibil-
ity of devising and implementing a sexual misconduct notification,
system in state correctional facilities whereby assaults can be made to
the appropriate authorities at the earliest possible moment after such
contact. Also, to determine any additional safeguards that may be insti-
tuted in prohibiting sexual relations between inmates and correctional
employees.

 
SUMMARY OF SPECIFIC PROVISIONS:

The primary duties of the commission will be to investigate, evaluate

and make recommendations with regard to the Problems of sexual miscon-
duct in state correctional facilities. As such, the commission will make
recommendations concerning any additional rules and regulations may be
necessary to reduce the risk that correctional employees engage in
unlawful and prohibited sexual contact with inmates.

The commission shall consist of nine 11 members to be appointed as
follows: the Commissioner of the Department of Corrections or his or her
duly designated representative; the Commissioner of the Division of
Criminal Justice Services or his or her duly designated representative;
three members shall be appointed by the Governor; one member shall be
appointed by the Temporary President of the Senate and one member by the
Minority Leader of the Senate; one member shall be appointed by the
Speaker of the Assembly and one member shall be appointed by the Minori-
ty Leader of the Assembly.

The goal of the commission is to investigate the problem of correctional
employees engaging in unlawful and prohibited sexual contact with
inmates and recommend measures to rectify such circumstances. An initial
report shall be submitted by the commission no later than the thirty-
first of December in the year next succeeding the year in which this act
shall have become law.

 
JUSTIFICATION:

No inmate should ever be a victim of sexual assault while in the custody
of the Department of Corrections, and additional rules and regulations
may be necessary to reduce the risk that correctional employees engage
in unlawful and prohibited contact with inmates.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A06784; Referred to Ways & Means

2019-20: A2744; reported referred to ways and means

2017-18: A5863; Referred to Ways & Means
 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8879 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8879
 
                             I N  S E N A T E
 
                              March 25, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to create a temporary state commission to study  and  investigate
   sexual  misconduct in state correctional facilities; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings. The legislature hereby acknowledges
 that incarcerated individuals and residents  are  vulnerable  to  sexual
 assault  from  other  incarcerated  individuals  and  employees of state
 facilities charged with the duty of care, custody and control of  incar-
 cerated individuals and residents.  In addition to the abusive and coer-
 cive  nature  of  sexual misconduct, such behavior may also increase the
 incidence of sexually transmitted diseases and unintended pregnancies.
   Furthermore, the legislature finds that  additional  rules  and  regu-
 lations  may  be  necessary  to  reduce the risk of sexual misconduct by
 employees of such facilities.  Therefore, the legislature  hereby  finds
 and declares that a temporary commission is necessary to study the prob-
 lem and recommend measures to rectify such circumstances.
   §  2. A temporary state commission, to be known as the temporary state
 commission on custodial sexual misconduct (hereinafter "commission"), is
 hereby created to study the  prevalence  of  sexual  misconduct  between
 incarcerated  individuals in state correctional facilities, or residents
 placed in a facility operated by  the  office  of  children  and  family
 services, and employees as defined in paragraphs (e) and (g) of subdivi-
 sion  3  of  section  130.05  of the penal law, and make recommendations
 concerning the need, if any, for  additional  legislation  and/or  regu-
 lations to reduce the incidence of sexual misconduct in such facilities.
 The commission shall further study the need, if any, to devise a notifi-
 cation  system  whereby  incidences  of  sexual  misconduct are promptly
 reported to the appropriate authorities,  and  recommend  safeguards  to
 prevent such sexual misconduct.
   §  3.  a. The commission shall consist of nine members to be appointed
 as follows: three members shall be appointed by the governor  and  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06422-01-3
 S. 8879                             2
 
 include the commissioner of the department of correctional services, the
 commissioner  of  the  office  of  children  and family services and the
 chairman of the state commission of correction; four members,  with  two
 appointments  by  the  temporary  president of the senate and two by the
 speaker of the assembly, shall be mental health professionals with expe-
 rience in the treatment of persons who  suffer  sexual  abuse,  criminal
 justice  advocates,  and  academic  professionals;  one  member shall be
 appointed by the minority leader of the senate; and one member shall  be
 appointed  by  the minority leader of the assembly. No person shall be a
 member of such commission while such person is a member of the senate or
 assembly. Any vacancy on such commission shall be  filled  in  the  same
 manner  as  the  original  appointment was made. A chairperson and vice-
 chairperson of such commission shall be elected by the majority  of  its
 members, all members being present.
   b.  Except  as  provided  in subdivision a of this section, no member,
 officer or employee of the commission shall be disqualified from holding
 any other public office or employment, nor shall he or she  forfeit  any
 such office or employment by reason of his or her appointment hereunder,
 notwithstanding  the  provisions  of  any general, special or local law,
 ordinance or city charter.
   § 4. The members of the commission shall receive no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   §  5.  The commission may employ and at pleasure remove such personnel
 as it may deem necessary for the performance of its  functions  and  fix
 their  compensation  within  the amounts made available by appropriation
 therefor. Such commission may meet and hold public and/or private  hear-
 ings  within  or  without  the state, and shall have all the powers of a
 legislative committee pursuant to the legislative law.
   § 6. For the accomplishment of its purposes, the commission  shall  be
 authorized and empowered to undertake any studies, inquiries, surveys or
 analyses  it  may  deem relevant through its own personnel or in cooper-
 ation with or by agreement with any other public or private agency.
   § 7. The commission may request and shall receive from  any  court  in
 the  state  and from any subdivision, department, board, bureau, commis-
 sion, office, agency or other instrumentality of the  state  or  of  any
 political subdivision thereof such facilities, assistance and data as it
 deems  necessary or desirable for the proper execution of its powers and
 duties and to effectuate the purposes set forth in this act.
   § 8. The commission is hereby authorized and empowered to  enter  into
 any  agreements  and  to  do and perform any acts that may be necessary,
 desirable or proper to carry out the purposes  and  objectives  of  this
 act.
   §  9.  The  commission  shall  make a report of its findings and shall
 submit the plan developed  by  it,  including  any  recommendations  for
 legislative  action  as  it  may  deem necessary and appropriate, to the
 governor, the temporary president of the senate and the speaker  of  the
 assembly  no  later  than  the thirty-first of December in the year next
 succeeding the year in which this act shall  have become a law.
   § 10. This act shall take effect immediately  and  shall  continue  in
 full  force  and  effect  until the thirty-first of December in the year
 next succeeding the year in which it shall have become a law  when  upon
 such date the provisions of this act shall be deemed repealed.

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