S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3322
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to establishing  a  task
   force  to  address  policies  related to the treatment of transgender,
   gender nonconforming, non-binary, and intersex individuals in custody

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The correction law is amended by adding a new section 627
 to read as follows:
   § 627. TASK FORCE ON TRANSGENDER,  GENDER  NONCONFORMING,  NON-BINARY,
 AND  INTERSEX  INDIVIDUALS  IN CUSTODY; FUNCTIONS, POWERS AND DUTIES. 1.
 THERE IS HEREBY ESTABLISHED A TASK  FORCE  TO  REVIEW  THE  DEPARTMENT'S
 POLICIES  RELATED  TO  THE  TREATMENT AND HOUSING OF TRANSGENDER, GENDER
 NONCONFORMING, NON-BINARY, AND INTERSEX INDIVIDUALS IN THE  DEPARTMENT'S
 CUSTODY.
   2.  (A)  SUCH TASK FORCE SHALL CONSIST OF NINE PERSONS TO BE APPOINTED
 BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE  SENATE.  THE
 MEMBERS OF THE TASK FORCE SHALL INCLUDE ONE PERSON WHO IS:
   (I) A FORMERLY INCARCERATED INDIVIDUAL OF A CORRECTIONAL FACILITY;
   (II)  A FORMERLY OR CURRENTLY INCARCERATED INDIVIDUAL IN A TRANSGENDER
 HOUSING UNIT, TO THE EXTENT PRACTICABLE;
   (III) A REPRESENTATIVE OF A SERVICE PROVIDER THAT SERVES  TRANSGENDER,
 GENDER NONCONFORMING, NON-BINARY, AND INTERSEX INDIVIDUALS IN CUSTODY;
   (IV)  A  REPRESENTATIVE  OF  A  LOCAL  OR  NATIONAL  ORGANIZATION THAT
 ADDRESSES ISSUES RELATED TO TRANSGENDER, GENDER  NONCONFORMING,  NON-BI-
 NARY, AND INTERSEX INDIVIDUALS;
   (V)  A  DULY  LICENSED MENTAL HEALTH PROFESSIONAL WHO HAS PROFESSIONAL
 EXPERIENCE OR TRAINING WITH REGARD TO TRANSGENDER,   GENDER  NONCONFORM-
 ING, NON-BINARY, AND INTERSEX INDIVIDUALS IN CUSTODY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02093-01-3
 A. 3322                             2
 
              

   (VI)  A DULY LICENSED MEDICAL  PROFESSIONAL WHO HAS PROFESSIONAL EXPE-
 RIENCE OR TRAINING WITH REGARD TO TRANSGENDER,    GENDER  NONCONFORMING,
 NON-BINARY, AND INTERSEX INDIVIDUALS;
   (VII) AN ATTORNEY ADMITTED TO PRACTICE IN THIS STATE;
   (VIII) A FORMER CORRECTION OFFICER; AND
   (IX)  A  DISCHARGED  LGBT VETERAN, AS  DEFINED  IN  SECTION ONE OF THE
 VETERANS' SERVICES LAW, WHO HAS RECEIVED  A  DISCHARGE  OTHER  THAN  BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
   (B)  ANY VACANCIES IN THE MEMBERSHIP OF THE TASK FORCE SHALL BE FILLED
 IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.  ALL  MEMBERS  SHALL  BE
 APPOINTED  TO  THE TASK FORCE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION. ANY APPOINTED MEMBER OF THE TASK FORCE MAY BE  REMOVED  BY
 THE  GOVERNOR  FOR  CAUSE  AFTER  AN  OPPORTUNITY  TO  BE HEARD IN THEIR
 DEFENSE.
   (C) THE MEMBERS OF THE TASK  FORCE  SHALL  MEET  AT  LEAST  QUARTERLY.
 COMPENSATION  FOR  THE  TASK  FORCE MEMBERS SHALL BE AT THE RATE OF FOUR
 HUNDRED DOLLARS PER DAY AND  MEMBERS SHALL HOLD NO OTHER SALARIED PUBLIC
 POSITION. EACH MEMBER SHALL BE ENTITLED TO RECEIVE SUCH MEMBER'S  ACTUAL
 AND  NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF SUCH MEMBER'S
 DUTIES.
   3. THE TASK FORCE AND EACH MEMBER THEREOF  SHALL  HAVE  THE  FOLLOWING
 FUNCTIONS, POWERS AND DUTIES:
   (A)  TO  HAVE  ACCESS,  AT  ANY  AND  ALL TIMES, TO ANY STATE OR LOCAL
 CORRECTIONAL FACILITY OR PART THEREOF AND TO  ALL  BOOKS,  RECORDS,  AND
 DATA  PERTAINING  TO  ANY STATE OR LOCAL CORRECTIONAL FACILITY WHICH ARE
 DEEMED NECESSARY FOR CARRYING OUT THE TASK FORCE'S FUNCTIONS, POWERS AND
 DUTIES;
   (B) TO OBTAIN FROM ADMINISTRATORS, OFFICERS OR EMPLOYEES OF ANY  STATE
 OR  LOCAL CORRECTIONAL FACILITY ANY INFORMATION DEEMED NECESSARY FOR THE
 PURPOSE OF CARRYING OUT ITS FUNCTIONS, POWERS AND DUTIES;
   (C) TO HOLD PUBLIC AND PRIVATE HEARINGS FOR SPECIFIED  PURPOSES,  TAKE
 TESTIMONY, SUBPOENA WITNESSES, AND REQUIRE PRODUCTION OF BOOKS, RECORDS,
 AND  DATA  WHICH  ARE DEEMED NECESSARY FOR CARRYING OUT THE TASK FORCE'S
 FUNCTIONS, POWERS AND DUTIES;
   (D) TO REQUEST AND RECEIVE TEMPORARY OFFICE SPACE IN ANY LOCAL CORREC-
 TIONAL FACILITY FOR THE PURPOSE OF CARRYING OUT  ITS  FUNCTIONS,  POWERS
 AND DUTIES;
   (E) TO NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND  ANNUALLY  THEREAFTER,  SUBMIT  A  REPORT CONTAINING RECOMMENDATIONS
 REGARDING POLICIES RELATED TO THE TREATMENT AND HOUSING OF  TRANSGENDER,
 GENDER  NONCONFORMING,  NON-BINARY,  AND  INTERSEX  INDIVIDUALS  IN  THE
 DEPARTMENT'S CUSTODY, AND A SUMMARY OF ITS KEY FINDINGS TO  THE  DEPART-
 MENT, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
 ER OF THE ASSEMBLY;
   (F)  TO  RECEIVE,  WITHIN  NINETY  DAYS OF SUCH REPORT'S SUBMISSION, A
 WRITTEN RESPONSE FROM THE DEPARTMENT. EACH SUCH WRITTEN REPORT SHALL  BE
 POSTED  ON  THE  DEPARTMENT'S WEBSITE IN A FORMAT THAT IS SEARCHABLE AND
 DOWNLOADABLE AND THAT FACILITATES PRINTING NO LATER THAN TEN DAYS  AFTER
 ITS  DELIVERY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY.
   (G) TO ELECT A CHAIR FROM ITS MEMBERSHIP BY A MAJORITY VOTE; AND
   (H) TO MEET AT LEAST ONCE PER QUARTER AT A TIME AND  PLACE  DESIGNATED
 BY THE TASK FORCE CHAIR.
   § 2. This act shall take effect immediately.