Senate Bill S8879

2023-2024 Legislative Session

Creates a temporary state commission to study sexual misconduct in state correctional facilities

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S8879 (ACTIVE) - Details

See Assembly Version of this Bill:
A3956
Current Committee:
Senate Finance
Law Section:
Correctional Services
Versions Introduced in Other Legislative Sessions:
2009-2010: A3755
2011-2012: A1426
2013-2014: A3721
2015-2016: A3088
2017-2018: A5863
2019-2020: A2744
2021-2022: A6784

2023-S8879 (ACTIVE) - Summary

Creates a temporary state commission to study and investigate sexual misconduct in state correctional facilities among incarcerated individuals and employees; devises a reporting system for notification of such misconduct to appropriate authorities; establishes duties and membership of such commission.

2023-S8879 (ACTIVE) - Sponsor Memo

2023-S8879 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8879
 
                             I N  S E N A T E
 
                              March 25, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 incarcerated individuals and residents  are  vulnerable  to  sexual
 assault  from  other  incarcerated  individuals  and  employees of state
 facilities charged with the duty of care, custody and control of  incar-
 cerated individuals and residents.  In addition to the abusive and coer-
 cive  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.
   §  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
 incarcerated  individuals 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 subdivi-
 sion  3  of  section  130.05  of the penal law, and make recommendations
 concerning the need, if any, for  additional  legislation  and/or  regu-
 lations to reduce the incidence of sexual misconduct in such facilities.
 The commission shall further study the need, if any, to devise a notifi-
 cation  system  whereby  incidences  of  sexual  misconduct are promptly
 reported to the appropriate authorities,  and  recommend  safeguards  to
 prevent such sexual misconduct.
   §  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.
              

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