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Assembly Bill A2639

2009-2010 Legislative Session

Prohibits male correction officers from pat frisking female inmates

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Archive: Last Bill Status - In Assembly Committee

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2009-A2639 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง137 & 500-k, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2919
2013-2014: A4245
2015-2016: A2599
2017-2018: A773
2019-2020: A4102
2021-2022: A1525

2009-A2639 (ACTIVE) - Summary

Prohibits male correction officers from pat frisking female inmates unless such officer has probable cause that a pat frisk is necessary to prevent escape or to protect other inmates or prison employees.

2009-A2639 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2639

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. PRETLOW, SCARBOROUGH, GREENE -- Multi-Sponsored
  by -- M. of A. CLARK, DIAZ, GALEF, GORDON, HOOPER, ORTIZ, PERRY, WEIN-
  STEIN -- read once and referred to the Committee on Correction

AN ACT to amend the correction law,  in  relation  to  prohibiting  male
  correction officers from pat frisking female inmates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 137 of the correction law is amended  by  adding  a
new subdivision 7 to read as follows:
  7.  NO  MALE OFFICER OF THE DEPARTMENT SHALL PAT FRISK A FEMALE INMATE
IN THE CUSTODY OF THE DEPARTMENT UNLESS SUCH OFFICER HAS PROBABLE  CAUSE
TO BELIEVE THAT A PAT FRISK IS NECESSARY TO PROTECT THE IMMEDIATE SAFETY
OF OTHER INMATES OR PRISON EMPLOYEES OR TO PREVENT ESCAPE.
  S 2. Section 500-k of the correction law, as amended by chapter 476 of
the laws of 1970, is amended to read as follows:
  S  500-k. Treatment of inmates. Subdivisions five [and], six AND SEVEN
of section one hundred thirty-seven of  this  chapter  relating  to  the
treatment  of inmates in state correctional facilities are applicable to
inmates confined in county jails; except that  the  report  required  by
paragraph  (d)  of  subdivision  six  of such section shall be made to a
person designated to receive such report in the rules and regulations of
the state commission of correction, or in any county or city where there
is a department of correction, to the head of such department.
  S 3. Section 500-k of the correction law, as amended by section  1  of
chapter 2 of the laws of 2008, is amended to read as follows:
  S  500-k. Treatment of inmates. Subdivisions five [and], six AND SEVEN
of section one hundred thirty-seven of this chapter,  except  paragraphs
(d)  and  (e) of subdivision six of such section, relating to the treat-
ment of inmates in  state  correctional  facilities  are  applicable  to
inmates  confined  in  county  jails; except that the report required by
paragraph (f) of subdivision six of such section  shall  be  made  to  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05624-01-9

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