Assembly Bill A6784

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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2021-A6784 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
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
2023-2024: A3956

2021-A6784 (ACTIVE) - Summary

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

2021-A6784 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6784
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2021
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, SIMON, RICHARDSON -- read once
   and referred to the Committee on Correction
 
 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  inmates  and residents are vulnerable to sexual assault from other
 inmates and employees of state facilities charged with the duty of care,
 custody and control of inmates  and  residents.    In  addition  to  the
 abusive and coercive 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
 inmates  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 subdivision 3 of
 section 130.05 of the penal law, and make recommendations concerning the
 need, if any, for additional legislation and/or  regulations  to  reduce
 the  incidence  of sexual misconduct in such facilities.  The commission
 shall further study the need, if any, to devise  a  notification  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
              

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