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Senate Bill S4337

2023-2024 Legislative Session

Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2023-S4337 (ACTIVE) - Details

See Assembly Version of this Bill:
A3880
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3210, A6374
2025-2026: S5298, A302

2023-S4337 (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.

2023-S4337 (ACTIVE) - Sponsor Memo

2023-S4337 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4337
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 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
 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
 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.

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