senate Bill S1394

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

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S1394 - Details

See Assembly Version of this Bill:
A3721
Current Committee:
Law Section:
Commissions
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1472, A1426
2009-2010: S1340A, A3755A

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

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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