|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to finance|
|Jan 09, 2013||referred to finance|
senate Bill S1394
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1394 - Details
S1394 - Summary
Creates a temporary state commission to study and investigate sexual misconduct in state correctional facilities among inmates and employees and shall devise a reporting system for notification of such misconduct to appropriate authorities; establishes duties and membership of such commission.
S1394 - Sponsor Memo
BILL NUMBER:S1394 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: To use the recommendations by the commission to determine the feasibility 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 instituted in prohibiting sexual relations between inmates and correctional employees. SUMMARY OF PROVISIONS: The primary duties of the commission will be to investigate, evaluate and make recommendations with regard to the Problems of sexual misconduct 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 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
S1394 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1394 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. MONTGOMERY, DIAZ, HASSELL-THOMPSON, KLEIN, PARKER, SAMPSON -- 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 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. S 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.
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