S T A T E O F N E W Y O R K
________________________________________________________________________
3088
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee 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.
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.
S 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.
LBD00890-01-5
A. 3088 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.
S 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.
S 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.
S 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.
S 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.
S 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.
S 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.
S 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.