S T A T E O F N E W Y O R K
________________________________________________________________________
709--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. ROZIC, GALLAGHER, GONZALEZ-ROJAS, LAVINE, SIMON,
EPSTEIN, BRONSON, WEPRIN, KELLES, SEAWRIGHT, JACKSON, BURDICK, GLICK,
FORREST, LUPARDO, FAHY, CRUZ, GIBBS, BORES -- read once and referred
to the Committee on Correction -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to enacting the "gender
identity respect, dignity and safety act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "gender identity respect, dignity and safety act".
§ 2. Section 137 of the correction law is amended by adding a new
subdivision 7 to read as follows:
7. (A) ANY INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY OR OTHER
INSTITUTION WHO HAS A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED
SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA, WHO HAS A VARI-
ATION IN THEIR SEX CHARACTERISTICS, OR WHO SELF-IDENTIFIES AS TRANSGEN-
DER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX SHALL:
(I) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A MANNER THAT
MOST CLOSELY ALIGNS WITH SUCH PERSON'S GENDER IDENTITY, INCLUDING THE
NAME AND PRONOUNS SPECIFIED BY THAT PERSON. IF A PERSON STATES THAT, IN
ORDER TO MOST CLOSELY ALIGN WITH THEIR GENDER IDENTITY, THEY USE A NAME
THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERNMENT-ISSUED IDEN-
TIFICATION, THEY SHALL BE ADDRESSED AND REFERRED TO BY THEIR REQUESTED
NAME;
(II) HAVE ACCESS TO COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY,
PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH SUCH
PERSON'S GENDER IDENTITY;
(III) HAVE THE RIGHT TO BE SEARCHED BY A CORRECTIONAL OFFICER OR STAFF
MEMBER OF THE GENDER MOST CLOSELY ALIGNED WITH SUCH PERSON'S GENDER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00512-03-3
A. 709--A 2
IDENTITY, UNLESS THE INCARCERATED INDIVIDUAL REQUESTS OTHERWISE OR UNDER
EXIGENT CIRCUMSTANCES;
(IV) HAVE THE RIGHT TO ACCESS ALL NECESSARY AND APPROPRIATE MEDICAL
AND MENTAL HEALTH CARE, INCLUDING ROUTINE AND PREVENTIVE MEDICAL CARE
RELATED TO THEIR SEX CHARACTERISTICS, AND AFFIRMING MEDICAL AND MENTAL
HEALTH CARE AS RELATED TO GENDER DYSPHORIA OR GENDER AFFIRMATION, WHICH
INCLUDES ACCESS TO ITEMS THAT ARE USED BY INDIVIDUALS TO AFFIRM THEIR
GENDER IDENTITY, INCLUDING THOSE ITEMS ASSOCIATED WITH NECESSARY AND
APPROPRIATE CARE AFTER GENDER-AFFIRMING SURGERY;
(V) HAVE THE RIGHT NOT TO BE SUBJECTED TO MEDICAL OR MENTAL HEALTH
TREATMENTS OR INTERVENTIONS WHICH THEY DO NOT WANT OR TO WHICH THEY DO
NOT PROVIDE INFORMED CONSENT, INCLUDING BUT NOT LIMITED TO SURGICAL
INTERVENTIONS TO CHANGE THEIR SEX CHARACTERISTICS SUCH AS GENITAL
SURGERIES AND STERILIZATIONS, AND COUNSELING THAT PATHOLOGIZES OR
ATTEMPTS TO CHANGE THEIR SEXUAL ORIENTATION OR GENDER IDENTITY; AND
(VI) HAVE THE RIGHT TO MAINTAIN THE CONFIDENTIALITY OF RECORDS OR
PORTIONS OF RECORDS RELATED TO THEIR INCARCERATION THAT WOULD REVEAL
THEIR SEX CHARACTERISTICS OR THEIR TRANSGENDER, GENDER NONCONFORMING,
NONBINARY, OR INTERSEX STATUS, OR THAT WOULD OTHERWISE REVEAL THAT THEIR
GENDER IDENTITY DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH, THAT THEY HAVE
A DIAGNOSIS OF GENDER DYSPHORIA, OR THAT THEY HAVE AN INTERSEX TRAIT OR
VARIATION IN THEIR SEX CHARACTERISTICS. THIS PROVISION DOES NOT PREVENT
AN INCARCERATED INDIVIDUAL FROM CONSENTING TO THE RELEASE OF SUCH MATE-
RIAL NOR DOES IT PREVENT THE RELEASE OF AGGREGATE DATA, REPORTS CREATED
PURSUANT TO SUBDIVISION SEVEN OF SECTION SEVENTY-TWO-D AND PARAGRAPH (G)
OF SUBDIVISION FOURTEEN OF SECTION FIVE HUNDRED-B OF THIS CHAPTER, OR
RECORDS THAT HAVE OTHERWISE BEEN DE-IDENTIFIED AND WOULD NOT REVEAL THE
IDENTITY OF A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX
PERSON WITHOUT THEIR CONSENT.
(B) THE DEPARTMENT IS PROHIBITED FROM REQUIRING DOCUMENTATION TO
CONFIRM A PERSON'S GENDER IDENTITY, SEX CHARACTERISTICS, OR INTERSEX
STATUS.
(C) ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND
MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION
UPON THEIR ADMISSION TO A CORRECTIONAL FACILITY OR OTHER INSTITUTION.
(D) THE DEPARTMENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS
SUBDIVISION TO ALL PERSONNEL.
(E) A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION FORTY-C
OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
TIVE LAW. ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION MAY INITIATE
PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION OR IN THE NEW YORK
STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
INCLUDING REASONABLE ATTORNEY'S FEES.
§ 3. The correction law is amended by adding a new section 72-d to
read as follows:
§ 72-D. PLACEMENT OF INCARCERATED INDIVIDUALS BASED ON GENDER IDENTI-
TY. 1. AN INCARCERATED INDIVIDUAL WHO HAS A GENDER IDENTITY THAT DIFFERS
FROM THEIR ASSIGNED SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER DYSPHO-
RIA, WHO HAS A VARIATION IN THEIR SEX CHARACTERISTICS, OR WHO SELF-IDEN-
TIFIES AS TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX
PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIRTY-SEVEN OF
THIS CHAPTER SHALL BE PRESUMPTIVELY PLACED IN A CORRECTIONAL FACILITY OR
OTHER INSTITUTION WITH PERSONS OF THE GENDER THAT MOST CLOSELY ALIGNS
WITH SUCH PERSON'S SELF-ATTESTED GENDER IDENTITY UNLESS THE PERSON OPTS
OUT OF SUCH PLACEMENT. PLACEMENT SHALL NOT BE CONDITIONED UPON THE
INCARCERATED INDIVIDUAL'S HISTORY OF, CONSENT TO, INTENTION TO SEEK, OR
A. 709--A 3
REFUSAL TO UNDERGO ANY TREATMENT OR INTERVENTION REGARDING THEIR SEX
CHARACTERISTICS OR GENDER IDENTITY, INCLUDING THOSE INTERVENTIONS
DESCRIBED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION SEVEN OF
SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
2. THE INCARCERATED INDIVIDUAL SHALL BE PERMITTED TO LEAVE SUCH
PRESUMPTIVE PLACEMENT AND TRANSFER TO A FACILITY HOUSING INDIVIDUALS OF
THEIR ASSIGNED SEX AT BIRTH AT ANY TIME. ANY SUCH PERSON WHO HAS OPTED
OUT OF SUCH PRESUMPTIVE PLACEMENT OR WHO LEAVES SUCH PLACEMENT MAY AGAIN
REQUEST PLACEMENT IN A CORRECTIONAL FACILITY WITH PERSONS OF THE GENDER
THAT MOST CLOSELY ALIGNS WITH THEIR SELF-ATTESTED GENDER IDENTITY AT ANY
TIME.
3. SUCH PRESUMPTIVE PLACEMENT MAY BE OVERCOME BY A DETERMINATION IN
WRITING BY THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE THAT THERE IS
CLEAR AND CONVINCING EVIDENCE THAT SUCH PERSON PRESENTS A CURRENT DANGER
OF COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS. A DENIAL OF PRESUMP-
TIVE PLACEMENT SHALL NOT BE BASED ON ANY DISCRIMINATORY REASONS, INCLUD-
ING BUT NOT LIMITED TO (A) THE PAST OR CURRENT SEX CHARACTERISTICS,
INCLUDING CHROMOSOMES, GENITALS, GONADS, OTHER INTERNAL OR EXTERNAL
REPRODUCTIVE ANATOMY, SECONDARY SEX CHARACTERISTICS, OR HORMONE FUNCTION
OF THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE, (B) THE SEXUAL ORIEN-
TATION OF THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE, (C) THE
COMPLAINTS OF OTHER INCARCERATED INDIVIDUALS WHO DO NOT WISH TO BE
HOUSED WITH A NON-CISGENDER OR INTERSEX PERSON DUE TO THAT PERSON'S
GENDER IDENTITY OR SEX CHARACTERISTICS, OR (D) A FACTOR PRESENT AMONG
OTHER PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR FACILITY. AFTER BEING
NOTIFIED THAT A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTER-
SEX PERSON IS SEEKING PRESUMPTIVE PLACEMENT, THE DEPARTMENT SHALL HAVE
TWO DAYS TO MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION. A DENIAL
OF PRESUMPTIVE PLACEMENT SHALL BE PROVIDED IN WRITING TO THE AFFECTED
PERSON WITHIN TWO DAYS OF THE DEPARTMENT'S DECISION. THE DEPARTMENT
SHALL INCLUDE IN ITS WRITTEN DECISION A DESCRIPTION OF ALL EVIDENCE
SUPPORTING THE DEPARTMENT'S DECISION AND AN EXPLANATION OF WHY THE
EVIDENCE SUPPORTS A DETERMINATION THAT THE PERSON PRESENTS A CURRENT
DANGER OF COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS. THE DEPART-
MENT SHALL ATTACH ALL SUPPORTING DOCUMENTATION TO THE WRITTEN DECISION.
THE SUPPORTING DOCUMENTATION MAY BE REDACTED AS NECESSARY TO PROTECT ANY
PERSON'S PRIVACY OR SAFETY. UNSUBSTANTIATED ALLEGATIONS ARE NOT CLEAR
AND CONVINCING EVIDENCE JUSTIFYING A DENIAL OF PRESUMPTIVE PLACEMENT OR
TRANSFER OUT OF PRESUMPTIVE PLACEMENT.
4. THE DEPARTMENT'S DECISION PURSUANT TO SUBDIVISION THREE OF THIS
SECTION IS FINAL AND SHALL NOT BE GRIEVABLE.
5. AN INCARCERATED INDIVIDUAL DENIED PRESUMPTIVE PLACEMENT PURSUANT TO
SUBDIVISION THREE OF THIS SECTION MAY RE-APPLY FOR PRESUMPTIVE HOUSING
AT ANY TIME WHEN THERE IS INFORMATION THAT WAS NOT PREVIOUSLY SUBMITTED
TO THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE OR WHEN PREVIOUS
INFORMATION WAS IMPROPERLY WEIGHED BY THE COMMISSIONER OR THE COMMIS-
SIONER'S DESIGNEE. SUCH APPLICATION SHALL BE SUBJECT TO SUBDIVISION
THREE OF THIS SECTION.
6. THE DEPARTMENT IS PROHIBITED FROM DENYING A PRESUMPTIVE PLACEMENT
OR TRANSFERRING A PERSON OUT OF A PRESUMPTIVE PLACEMENT AS A FORM OF
DISCIPLINE.
7. A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX INCAR-
CERATED INDIVIDUAL EXPERIENCING HARASSMENT, VIOLENCE OR THREATS OF
VIOLENCE DUE TO THEIR GENDER IDENTITY OR SEX CHARACTERISTICS SHALL NOT
BE PLACED IN INVOLUNTARY PROTECTIVE CUSTODY FOR MORE THAN FOURTEEN DAYS
AS A RESULT OF SUCH HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE, AND
A. 709--A 4
SHALL BE HOUSED IN A LEAST-RESTRICTIVE SETTING WHERE THEY WILL BE SAFE
FROM SUCH BEHAVIOR.
8. ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND MANNER
UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SECTION UPON THEIR
ADMISSION TO A CORRECTIONAL FACILITY OR OTHER INSTITUTION. THE DEPART-
MENT SHALL PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SECTION TO ALL
CORRECTIONAL PERSONNEL WHO ARE INVOLVED IN THE SUPERVISION OR PLACEMENT
OF INCARCERATED INDIVIDUALS.
9. THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIRPERSON OF
THE SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE AND THE CHAIR-
PERSON OF THE ASSEMBLY CORRECTION COMMITTEE ON THE NUMBER OF TRANSGEN-
DER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX INCARCERATED INDIVID-
UALS WHO (A) WERE DENIED PRESUMPTIVE PLACEMENT IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION; (B) VOLUNTARILY OPTED OUT OF PRESUMP-
TIVE PLACEMENT IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION; AND
(C) WERE KEPT IN INVOLUNTARY PROTECTIVE CUSTODY FOR LONGER THAN FOURTEEN
DAYS. REPORTS REQUIRED BY THIS SECTION SHALL BE POSTED ON THE WEBSITE
MAINTAINED BY THE DEPARTMENT. REPORTS MAY INCLUDE DE-IDENTIFIED INDIVID-
UAL INFORMATION IN THE AGGREGATE, BUT SHALL NOT INCLUDE PERSONALLY IDEN-
TIFIABLE INFORMATION.
10. A VIOLATION OF THIS SECTION IS A VIOLATION OF SECTION FORTY-C OF
THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
LAW. ANY INDIVIDUAL AGGRIEVED UNDER THIS SECTION MAY INITIATE
PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION OR IN THE NEW YORK
STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
INCLUDING REASONABLE ATTORNEY'S FEES.
§ 4. Section 500-b of the correction law is amended by adding a new
subdivision 14 to read as follows:
14. (A) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY INCARCER-
ATED INDIVIDUAL DETERMINED TO HAVE A GENDER IDENTITY DIFFERENT FROM
THEIR ASSIGNED SEX AT BIRTH, WHO HAS A DIAGNOSIS OF GENDER DYSPHORIA,
WHO HAS A VARIATION IN THEIR SEX CHARACTERISTICS, OR WHO SELF-IDENTIFIES
AS TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTERSEX PURSUANT TO
SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER
SHALL BE PRESUMPTIVELY PLACED IN A FACILITY HOUSING UNIT WITH INCARCER-
ATED INDIVIDUALS OF THE GENDER MOST CLOSELY ALIGNED WITH SUCH PERSON'S
SELF-ATTESTED GENDER IDENTITY UNLESS THE PERSON OPTS OUT OF SUCH PLACE-
MENT. PLACEMENT SHALL NOT BE CONDITIONED UPON THE INCARCERATED INDIVID-
UAL'S HISTORY OF, CONSENT TO, INTENTION TO SEEK, OR REFUSAL TO UNDERGO
ANY TREATMENT OR INTERVENTION REGARDING THEIR SEX CHARACTERISTICS OR
GENDER IDENTITY, INCLUDING THOSE INTERVENTIONS DESCRIBED IN SUBPARAGRAPH
(V) OF PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION ONE HUNDRED THIR-
TY-SEVEN OF THIS CHAPTER. THE INCARCERATED INDIVIDUAL SHALL BE PERMIT-
TED TO LEAVE SUCH PLACEMENT AND TRANSFER TO A UNIT HOUSING INDIVIDUALS
OF THEIR ASSIGNED SEX AT BIRTH AT ANY TIME. ANY SUCH PERSON WHO HAS
OPTED OUT OF SUCH PRESUMPTIVE PLACEMENT OR WHO LEAVES SUCH PLACEMENT MAY
AGAIN REQUEST PLACEMENT IN A HOUSING UNIT WITH PERSONS OF THE GENDER
THAT MOST CLOSELY ALIGNS WITH THEIR SELF-ATTESTED GENDER IDENTITY AT ANY
TIME. SUCH PRESUMPTIVE PLACEMENT MAY BE OVERCOME BY A DETERMINATION IN
WRITING BY THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE THAT THERE
IS CLEAR AND CONVINCING EVIDENCE THAT SUCH PERSON PRESENTS A CURRENT
DANGER OF COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS. A DENIAL OF
PRESUMPTIVE PLACEMENT SHALL NOT BE BASED ON ANY DISCRIMINATORY REASONS,
INCLUDING BUT NOT LIMITED TO (1) THE PAST OR CURRENT SEX CHARACTER-
A. 709--A 5
ISTICS, INCLUDING CHROMOSOMES, GENITALS, GONADS, OTHER INTERNAL OR
EXTERNAL REPRODUCTIVE ANATOMY, SECONDARY SEX CHARACTERISTICS, OR HORMONE
FUNCTION OF THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE, (2) THE
SEXUAL ORIENTATION OF THE PERSON WHOSE HOUSING PLACEMENT IS AT ISSUE,
(3) THE COMPLAINTS OF OTHER INCARCERATED INDIVIDUALS WHO DO NOT WISH TO
BE HOUSED WITH A NON-CISGENDER OR INTERSEX PERSON DUE TO THAT PERSON'S
GENDER IDENTITY, OR SEX CHARACTERISTICS, OR (4) A FACTOR PRESENT AMONG
OTHER PEOPLE IN THE PRESUMPTIVE HOUSING UNIT OR FACILITY. AFTER BEING
NOTIFIED THAT A TRANSGENDER, GENDER NONCONFORMING, NONBINARY, OR INTER-
SEX PERSON IS SEEKING PRESUMPTIVE PLACEMENT, THE CHIEF ADMINISTRATIVE
OFFICER OR THEIR DESIGNEE SHALL HAVE TWO DAYS TO MAKE A DETERMINATION
PURSUANT TO THIS SUBDIVISION. A DENIAL OF PRESUMPTIVE PLACEMENT SHALL
BE PROVIDED IN WRITING TO THE AFFECTED PERSON WITHIN TWO DAYS OF THE
DECISION BY THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE. THE
CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE SHALL INCLUDE IN THEIR
WRITTEN DECISION A DESCRIPTION OF ALL EVIDENCE SUPPORTING THE DECISION
AND AN EXPLANATION OF WHY THE EVIDENCE SUPPORTS A DETERMINATION THAT THE
PERSON PRESENTS A CURRENT DANGER OF COMMITTING GENDER-BASED VIOLENCE
AGAINST OTHERS. THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE SHALL
ATTACH ALL SUPPORTING DOCUMENTATION TO THE WRITTEN DECISION. THE
SUPPORTING DOCUMENTATION MAY BE REDACTED AS NECESSARY TO PROTECT ANY
PERSON'S PRIVACY OR SAFETY. UNSUBSTANTIATED ALLEGATIONS ARE NOT CLEAR
AND CONVINCING EVIDENCE JUSTIFYING A DENIAL OF PRESUMPTIVE PLACEMENT OR
A TRANSFER OUT OF PRESUMPTIVE PLACEMENT.
(B) THE CHIEF ADMINISTRATIVE OFFICER'S OR THEIR DESIGNEE'S DECISION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS FINAL AND NOT GRIEVA-
BLE.
(C) AN INCARCERATED INDIVIDUAL DENIED PRESUMPTIVE PLACEMENT PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION MAY RE-APPLY FOR PRESUMPTIVE HOUS-
ING AT ANY TIME WHEN THERE IS INFORMATION THAT WAS NOT PREVIOUSLY
SUBMITTED TO THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE OR WHEN
PREVIOUS INFORMATION WAS IMPROPERLY WEIGHED BY THE CHIEF ADMINISTRATIVE
OFFICER OR THEIR DESIGNEE. SUCH APPLICATION IS SUBJECT TO PARAGRAPH (A)
OF THIS SUBDIVISION.
(D) THE CHIEF ADMINISTRATIVE OFFICER OR THEIR DESIGNEE IS PROHIBITED
FROM DENYING A PRESUMPTIVE PLACEMENT OR TRANSFERRING A PERSON OUT OF A
PRESUMPTIVE PLACEMENT AS A FORM OF DISCIPLINE.
(E) A TRANSGENDER, GENDER NONCONFORMING, OR NONBINARY INCARCERATED
INDIVIDUAL EXPERIENCING HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE DUE
TO THEIR GENDER IDENTITY OR SEX CHARACTERISTICS SHALL NOT BE PLACED IN
INVOLUNTARY PROTECTIVE CUSTODY FOR MORE THAN FOURTEEN DAYS AS A RESULT
OF SUCH HARASSMENT, VIOLENCE OR THREATS OF VIOLENCE, AND SHALL BE HOUSED
IN A LEAST-RESTRICTIVE SETTING WHERE THEY WILL BE SAFE FROM SUCH BEHAV-
IOR.
(F) ALL PEOPLE SHALL RECEIVE NOTICE IN WRITING IN A LANGUAGE AND
MANNER UNDERSTANDABLE TO THEM ABOUT THE REQUIREMENTS OF THIS SUBDIVISION
UPON THEIR ADMISSION TO A LOCAL CORRECTIONAL FACILITY. THE SHERIFF SHALL
PROVIDE ANNUAL TRAINING ON PROVISIONS OF THIS SUBDIVISION TO ALL CORREC-
TIONAL PERSONNEL WHO ARE INVOLVED IN THE SUPERVISION OR PLACEMENT OF
INCARCERATED INDIVIDUALS.
(G) THE SHERIFF OF EACH COUNTY SHALL REPORT, IN A FORM AND MANNER
PRESCRIBED BY THE COMMISSION, THE NUMBER OF TRANSGENDER, GENDER NONCON-
FORMING, NONBINARY, OR INTERSEX INCARCERATED INDIVIDUALS WHO (1) WERE
DENIED PRESUMPTIVE PLACEMENT IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
SUBDIVISION; (2) VOLUNTARILY OPTED OUT OF PRESUMPTIVE PLACEMENT IN
ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND (3) WERE KEPT IN
A. 709--A 6
INVOLUNTARY PROTECTIVE CUSTODY FOR LONGER THAN FOURTEEN DAYS. THE
COMMISSION SHALL INCLUDE SUCH INFORMATION IN ITS ANNUAL REPORT PURSUANT
TO SECTION FORTY-FIVE OF THIS CHAPTER, BUT SHALL EXCLUDE IDENTIFYING
INFORMATION FROM SUCH REPORT. REPORTS REQUIRED BY THIS PROVISION SHALL
BE POSTED ON THE WEBSITE MAINTAINED BY THE COMMISSION.
(H) A VIOLATION OF THIS SUBDIVISION IS A VIOLATION OF SECTION FORTY-C
OF THE CIVIL RIGHTS LAW AND SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
TIVE LAW. ANY INDIVIDUAL AGGRIEVED UNDER THIS SUBDIVISION MAY INITIATE
PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION OR IN THE NEW YORK
STATE DIVISION OF HUMAN RIGHTS SEEKING INJUNCTIVE RELIEF AND DAMAGES,
INCLUDING REASONABLE ATTORNEY'S FEES.
§ 5. Section 500-b of the correction law is amended by adding a new
subdivision 15 to read as follows:
15. PURSUANT TO ITS AUTHORITY UNDER SECTION FORTY-FIVE OF THIS CHAP-
TER, THE COMMISSION IN COLLABORATION WITH THE DEPARTMENT SHALL PROMUL-
GATE RULES AND REGULATIONS TO ENSURE THAT LOCAL CORRECTIONAL AUTHORITIES
TIMELY NOTIFY THE DEPARTMENT WHEN A TRANSGENDER, GENDER NONCONFORMING,
NONBINARY, OR INTERSEX PERSON IS BEING TRANSFERRED INTO THE CUSTODY OF
THE DEPARTMENT. THE RULES AND REGULATIONS SHALL ENSURE THE DEPARTMENT
MAKES NECESSARY ARRANGEMENTS TO ENSURE GENDER-ALIGNED HOUSING, UNLESS
THE IMPACTED INDIVIDUAL OPTS OUT OF SUCH HOUSING, IMMEDIATELY UPON
TRANSFER TO DEPARTMENT CUSTODY.
§ 6. Subdivision 1 of 500-k of the correction law, as separately
amended by chapters 93 and 322 of the laws of 2021, is amended to read
as follows:
1. Subdivisions five [and], six AND SEVEN of section one hundred thir-
ty-seven of this chapter, except paragraphs (d) and (e) of subdivision
six of such section, relating to the treatment of incarcerated individ-
uals in state correctional facilities are applicable to incarcerated
individuals confined in county jails; except that the report required by
paragraph (f) of subdivision six of such section shall be made to a
person designated to receive such report in the rules and regulations of
the state commission of correction, or in any county or city where there
is a department of correction, to the head of such department.
§ 7. This act shall take effect immediately; provided, however, that
the amendments to section 500-b of the correction law made by sections
four and five of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.