Bill Text: NY A05257 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the treatment and placement of inmates based upon gender identity; requires that inmates in state and local correctional facilities who have a gender identity different from the inmate's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the inmate's gender identity; and establishes that inmates who have a birth certificate, passport or driver's license that reflects his or her gender identity shall presumptively be placed in a state or local correctional facility with inmates of the gender consistent with the inmate's gender identity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-08 - referred to correction [A05257 Detail]

Download: New_York-2019-A05257-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5257
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Correction
        AN ACT to amend the correction law, in relation  to  the  treatment  and
          placement of inmates based upon gender identity
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 137 of the correction law is amended  by  adding  a
     2  new subdivision 7 to read as follows:
     3    7.  Any  inmate  of  a correctional facility who has a gender identity
     4  that differs from the inmate's assigned sex at birth and has a diagnosis
     5  of gender dysphoria, as set forth in the  most  recent  edition  of  the
     6  American Psychiatric Association's "Diagnostic and Statistical Manual of
     7  Mental Disorders", shall:
     8    (a)  be  addressed by correctional officers and staff in a manner that
     9  is consistent with the inmate's gender identity;
    10    (b) have access to  commissary  items,  clothing,  personal  property,
    11  programming  and  educational  materials  that  are  consistent with the
    12  inmate's gender identity; and
    13    (c) have the right to be searched by a correctional officer  or  staff
    14  member of the same gender identity, unless the inmate requests otherwise
    15  or under exigent circumstances.
    16    §  2.  The  correction  law is amended by adding a new section 72-c to
    17  read as follows:
    18    § 72-c. Placement of inmates based on gender identity. In  determining
    19  placement  of a person in custody of the department, an inmate who has a
    20  birth certificate, passport or driver's license that reflects his or her
    21  gender identity or who can meet established standards for obtaining such
    22  a document to confirm the inmate's gender identity  shall  presumptively
    23  be placed in a correctional facility with inmates of the gender consist-
    24  ent  with  the inmate's gender identity.  Such presumptive placement may
    25  be overcome by a demonstration by the commissioner, or  the  commission-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01372-01-9

        A. 5257                             2
     1  er's  designee,  that  the  placement  would present significant safety,
     2  management or security problems. In making  determinations  pursuant  to
     3  this section, the inmate's views with respect to his or her safety shall
     4  be  given  serious consideration by the commissioner, or the commission-
     5  er's designee.
     6    § 3. Section 500-b of the correction law is amended by  adding  a  new
     7  subdivision 14 to read as follows:
     8    14.  Notwithstanding  the  provisions  of this section, in determining
     9  placement in a facility housing unit, an inmate who has a birth  certif-
    10  icate,  passport  or  driver's  license  that reflects his or her gender
    11  identity or who can meet established  standards  for  obtaining  such  a
    12  document  to confirm the inmate's gender identity shall presumptively be
    13  placed in a facility housing unit with inmates of the gender  consistent
    14  with  the  inmate's  gender  identity. Such presumptive placement may be
    15  overcome by a demonstration by the chief administrative officer, or  the
    16  chief  administrative officer's designee, that the placement would pres-
    17  ent significant safety,  management  or  security  problems.  In  making
    18  determinations pursuant to this section, the inmate's views with respect
    19  to  his  or her safety shall be given serious consideration by the chief
    20  administrative officer, or the chief administrative officer's designee.
    21    § 4. Section 500-k of the correction law, as amended by chapter  2  of
    22  the laws of 2008, is amended to read as follows:
    23    §  500-k. Treatment of inmates. Subdivisions five [and], six and seven
    24  of section one hundred thirty-seven of this chapter,  except  paragraphs
    25  (d)  and  (e) of subdivision six of such section, relating to the treat-
    26  ment of inmates in  state  correctional  facilities  are  applicable  to
    27  inmates  confined  in  county  jails; except that the report required by
    28  paragraph (f) of subdivision six of such section  shall  be  made  to  a
    29  person designated to receive such report in the rules and regulations of
    30  the state commission of correction, or in any county or city where there
    31  is a department of correction, to the head of such department.
    32    §  5.  This act shall take effect immediately; provided, however, that
    33  the amendments to section 500-b of the correction law  made  by  section
    34  three  of this act shall not affect the repeal of such section and shall
    35  be deemed repealed therewith.
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