| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 03, 2022 |
print number 3210a |
| Mar 03, 2022 |
amend and recommit to crime victims, crime and correction |
| Jan 05, 2022 |
referred to crime victims, crime and correction |
| Jan 28, 2021 |
referred to crime victims, crime and correction |
Senate Bill S3210A
2021-2022 Legislative Session
Sponsored By
(D) 32nd Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
Actions
Bill Amendments
2021-S3210 - Details
2021-S3210 - Sponsor Memo
BILL NUMBER: S3210
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit racist and degrading name calling of prisoners
by state employees.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Correction Law Section 137(5). Section 2 provides an
effective date.
JUSTIFICATION:
2021-S3210 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3210
2021-2022 Regular Sessions
I N S E N A T E
January 28, 2021
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 137 of the correction law, as
added by chapter 476 of the laws of 1970, is amended to read as follows:
5. No [inmate] INCARCERATED PERSON in the care or custody of the
department shall be subjected to degrading, RACIST OR DISCRIMINATORY
treatment, and no officer or other employee of the department shall
inflict any blows whatever upon any [inmate] INCARCERATED PERSON, unless
in self defense, or to suppress a revolt or insurrection. When any
[inmate, or group of inmates,] INCARCERATED PERSON shall offer violence
to any person, or do or attempt to do any injury to property, or attempt
to escape, or resist or disobey any lawful direction, the officers and
employees shall use all suitable means to defend themselves, to maintain
order, to enforce observation of discipline, to secure the persons of
the offenders and to prevent any such attempt or escape. NO EMPLOYEE OF
THE DEPARTMENT SHALL INSULT AN INCARCERATED PERSON OR DEPARTMENT EMPLOY-
EE BY CALLING SUCH INDIVIDUAL A DEGRADING NAME OR OTHERWISE ENGAGING IN
TREATMENT INTENDED TO HUMILIATE, OFFEND, PROVOKE OR DENIGRATE SUCH
PERSON BASED ON THE INDIVIDUAL'S AGE, RACE, CREED, COLOR, NATIONAL
ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY
STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR THE
NATURE OF THE INDIVIDUAL'S CRIME OF CONVICTION. ANY EMPLOYEE WHO ENGAGES
IN SUCH DEGRADING TREATMENT OF AN INCARCERATED INDIVIDUAL OR ANOTHER
EMPLOYEE SHALL BE DISCIPLINED BY THE DEPARTMENT AND MAY HAVE THEIR
EMPLOYMENT TERMINATED FOR CAUSE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
2021-S3210A (ACTIVE) - Details
2021-S3210A (ACTIVE) - Summary
Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees; establishes any individual who participates in such behavior shall be disciplined by the department and may have their employment terminated for cause.
2021-S3210A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3210A
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit racist and degrading name calling of prisoners
by state employees.
SUMMARY OF SPECIFIC PROVISIONS:
2021-S3210A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3210--A
2021-2022 Regular Sessions
I N S E N A T E
January 28, 2021
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- recommitted to the Committee on Crime Victims, Crime and
Correction in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 137 of the correction law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
5. No incarcerated individual in the care or custody of the department
shall be subjected to degrading, RACIST OR DISCRIMINATORY treatment, and
no officer or other employee of the department shall inflict any blows
whatever upon any incarcerated individual, unless in self defense, or to
suppress a revolt or insurrection. When any incarcerated individual, or
group of incarcerated individuals, shall offer violence to any person,
or do or attempt to do any injury to property, or attempt to escape, or
resist or disobey any lawful direction, the officers and employees shall
use all suitable means to defend themselves, to maintain order, to
enforce observation of discipline, to secure the persons of the offen-
ders and to prevent any such attempt or escape. NO EMPLOYEE OF THE
DEPARTMENT SHALL INSULT AN INCARCERATED INDIVIDUAL OR DEPARTMENT EMPLOY-
EE BY CALLING SUCH INDIVIDUAL A DEGRADING NAME OR OTHERWISE ENGAGING IN
TREATMENT INTENDED TO HUMILIATE, OFFEND, PROVOKE OR DENIGRATE SUCH INDI-
VIDUAL BASED ON HIS OR HER AGE, RACE, CREED, COLOR, NATIONAL ORIGIN,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS,
SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR THE NATURE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03956-05-2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.