S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6975
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 executive law, in relation to authorizing the state
   inspector general to receive  and  investigate  complaints  of  sexual
   assault  in  correctional  facilities and other places operated by the
   department of corrections and community supervision for  the  confine-
   ment of persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 53 of the executive law, as  added
 by  chapter  766 of the laws of 2005, is amended and a new subdivision 8
 is added to read as follows:
   7. establish  programs  for  training  state  officers  and  employees
 regarding  the prevention and elimination of corruption, fraud, criminal
 activity, conflicts of interest or abuse in covered agencies[.]; AND
   8. RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL ASSAULT IN CORRECTION-
 AL FACILITIES AND OTHER PLACES OPERATED BY THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION FOR THE CONFINEMENT OF PERSONS  IN  ACCORDANCE
 WITH SECTION FIFTY-FOUR-A OF THIS ARTICLE.
   § 2. The executive law is amended by adding a new section 54-a to read
 as follows:
   §  54-A. INCIDENTS OF SEXUAL ASSAULT IN INSTITUTIONS IN THE DEPARTMENT
 OF CORRECTIONS  AND  COMMUNITY  SUPERVISION.  1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   A.  "INSTITUTION"  SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
   B. "SEXUAL ASSAULT" OR ANY DERIVATIVE TERM THEREOF MEANS ANY  NON-CON-
 SENSUAL  SEXUAL  CONTACT,  INCLUDING  BUT  NOT  LIMITED TO THE FOLLOWING
 OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW:  (I)

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11379-02-3
 S. 6975                             2
              

 
 RAPE; (II) CRIMINAL SEXUAL ACT; (III) SEXUAL MISCONDUCT; AND (IV) SEXUAL
 ABUSE.
   C.  "NON-CONSENSUAL"  OR  ANY DERIVATIVE WORD OR PHRASE SHALL HAVE THE
 SAME MEANING AS "LACK OF CONSENT" AS DEFINED IN SECTION  130.05  OF  THE
 PENAL LAW.
   2.  A.  THE  STATE  INSPECTOR  GENERAL  SHALL  RECEIVE AND INVESTIGATE
 COMPLAINTS FROM ANY SOURCE CONCERNING ALLEGATIONS OF SEXUAL  ASSAULT  OF
 INCARCERATED  INDIVIDUALS  IN  INSTITUTIONS. THE STATE INSPECTOR GENERAL
 SHALL HAVE ALL POWERS AS SET FORTH IN SECTION FIFTY-FOUR OF THIS ARTICLE
 AND TO TAKE ANY OTHER ACTIONS NECESSARY TO CONDUCT A THOROUGH AND IMPAR-
 TIAL INVESTIGATION.
   B. ANY INDIVIDUAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS  AND
 COMMUNITY  SUPERVISION  WHO CLAIMS TO HAVE BEEN SEXUALLY ASSAULTED IN AN
 INSTITUTION SHALL HAVE THE RIGHT TO REPORT THE INCIDENT DIRECTLY TO  THE
 STATE INSPECTOR GENERAL.
   3.  A.  THE  STATE  INSPECTOR  GENERAL SHALL CREATE A CONFIDENTIAL AND
 SECURE REPORTING SYSTEM FOR INDIVIDUALS IN THE CUSTODY OF THE DEPARTMENT
 OF CORRECTIONS AND COMMUNITY SUPERVISION TO REPORT INCIDENTS  OF  SEXUAL
 ASSAULT IN SUCH INSTITUTIONS.
   B.  THE STATE INSPECTOR GENERAL SHALL DEVELOP PROTOCOLS AND PROCEDURES
 FOR THE REPORTING AND INVESTIGATION OF  SEXUAL  ASSAULT  ALLEGATIONS  IN
 INSTITUTIONS. PROTOCOLS SHALL INCLUDE, AT A MINIMUM:
   (I) PROCEDURES FOR THE IMMEDIATE AND CONFIDENTIAL REPORTING OF ALLEGA-
 TIONS OF SEXUAL ASSAULT;
   (II)  PROCEDURES  FOR  THE  COLLECTION OF EVIDENCE, INCLUDING FORENSIC
 EVIDENCE;
   (III) PROCEDURES FOR CONDUCTING THOROUGH AND IMPARTIAL  INVESTIGATIONS
 OF  SEXUAL  ASSAULT  ALLEGATIONS,  INCLUDING INTERVIEWS WITH THE ALLEGED
 VICTIM, WITNESSES, AND THE ACCUSED;
   (IV) PROCEDURES FOR NOTIFYING VICTIMS OF THE STATUS OF THEIR CASE  AND
 THE OUTCOME OF THE INVESTIGATION;
   (V)  PROCEDURES  FOR  THE  REFERRAL  OF CASES FOR CRIMINAL PROSECUTION
 WHERE APPROPRIATE; AND
   (VI) PROCEDURES FOR TRACKING AND REPORTING ON SEXUAL  ASSAULT  ALLEGA-
 TIONS, INVESTIGATIONS, AND OUTCOMES.
   4.  WHEN  THE  STATE INSPECTOR GENERAL COMMENCES AN INVESTIGATION OF A
 COMPLAINT OF SEXUAL ASSAULT IN AN INSTITUTION, SUCH INVESTIGATION  SHALL
 BE  CONDUCTED  IN  ACCORDANCE  WITH  PROTOCOLS, POLICIES, AND PROCEDURES
 ESTABLISHED BY THE STATE INSPECTOR GENERAL AND SHALL INCLUDE THE FOLLOW-
 ING:
   A. INTERVIEWS WITH THE VICTIM, WITNESSES, AND  ANY  ALLEGED  PERPETRA-
 TORS;
   B.  COLLECTION  AND  ANALYSIS OF PHYSICAL AND FORENSIC EVIDENCE, IF OR
 WHEN APPLICABLE;
   C. REVIEW OF RELEVANT INSTITUTIONAL OR DEPARTMENTAL RECORDS AND  POLI-
 CIES, IF RELEVANT TO THE INVESTIGATION;
   D.  COORDINATION  WITH  LAW ENFORCEMENT AUTHORITIES AND OTHER RELEVANT
 AGENCIES AS NECESSARY; AND
   E. ANY OTHER INVESTIGATIVE STEPS DEEMED  NECESSARY  TO  DETERMINE  THE
 FACTS AND CIRCUMSTANCES OF THE ALLEGED SEXUAL ASSAULT.
   5.  THE  PROTOCOL  AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION
 SHALL BE MADE AVAILABLE TO ALL INCARCERATED INDIVIDUALS AND AND SHALL BE
 REGULARLY REVIEWED AND UPDATED BY THE STATE INSPECTOR GENERAL, AS  NEED-
 ED.
   A. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN CONSUL-
 TATION  WITH  THE  OFFICE  OF THE STATE INSPECTOR GENERAL, SHALL PROVIDE
 S. 6975                             3
 
 INDIVIDUALS IN ITS CUSTODY WITH INFORMATION  ON  HOW  TO  REPORT  SEXUAL
 ASSAULT  TO THE STATE INSPECTOR GENERAL, INCLUDING INFORMATION ON HOW TO
 CONTACT THE STATE INSPECTOR GENERAL'S OFFICE, AND SHALL MAKE THIS INFOR-
 MATION READILY AVAILABLE IN A VARIETY OF FORMATS.
   B. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN CONSUL-
 TATION  WITH  THE  OFFICE  OF THE STATE INSPECTOR GENERAL, SHALL PROVIDE
 INDIVIDUALS IN ITS CUSTODY WITH ACCESS  TO  A  CONFIDENTIAL  AND  SECURE
 METHOD  FOR  REPORTING  SEXUAL  ASSAULT  TO THE STATE INSPECTOR GENERAL,
 INCLUDING THE USE OF A HOTLINE OR OTHER SIMILAR SYSTEMS.
   C. THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  SHALL
 ENSURE  THAT  ANY  REPORTS  OF SEXUAL ASSAULT MADE BY INDIVIDUALS IN ITS
 CUSTODY WHEN THIS ACT TAKES EFFECT  ARE  IMMEDIATELY  FORWARDED  TO  THE
 OFFICE OF THE STATE INSPECTOR GENERAL.
   6.  A.  ANY INDIVIDUAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION WHO REPORTS A  SEXUAL  ASSAULT  TO  THE  STATE
 INSPECTOR  GENERAL  SHALL  BE PROTECTED FROM RETALIATION, HARASSMENT, OR
 ANY OTHER FORM OF RETRIBUTION OR ADVERSE TREATMENT AS A RESULT OF MAKING
 SUCH REPORT. ANY ALLEGATIONS OF RETALIATION, HARASSMENT,  OR  ANY  OTHER
 FORM  OF RETRIBUTION AGAINST AN INDIVIDUAL WHO REPORTS SEXUAL ASSAULT TO
 THE STATE INSPECTOR GENERAL SHALL BE SUBJECT TO INVESTIGATION AND POTEN-
 TIAL REFERRAL FOR PROSECUTION PURSUANT TO THE PROVISIONS OF  THIS  ARTI-
 CLE.
   B.  THE OFFICE OF THE STATE INSPECTOR GENERAL SHALL PROTECT THE CONFI-
 DENTIALITY OF INDIVIDUALS WHO FILE REPORTS OF SEXUAL ASSAULT  IN  INSTI-
 TUTIONS TO THE FULLEST EXTENT OF THE LAW.
   7.  THE  STATE INSPECTOR GENERAL AND THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION SHALL TAKE ALL NECESSARY MEASURES TO IMPLEMENT THE
 PROVISIONS OF THIS ACT, INCLUDING BUT NOT LIMITED TO TRAINING  STAFF  ON
 THE REPORTING PROCESS TO THE STATE INSPECTOR GENERAL.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.