Bill Text: NY S01394 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates a temporary state commission to study and investigate sexual misconduct in state correctional facilities among inmates and employees and shall devise a reporting system for notification of such misconduct to appropriate authorities; establishes duties and membership of such commission.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01394 Detail]

Download: New_York-2013-S01394-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1394
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. MONTGOMERY, DIAZ, HASSELL-THOMPSON, KLEIN, PARKER,
         SAMPSON -- 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:
    1    Section 1. Legislative findings. The legislature  hereby  acknowledges
    2  that  inmates  and residents are vulnerable to sexual assault from other
    3  inmates and employees of state facilities charged with the duty of care,
    4  custody and control of inmates  and  residents.    In  addition  to  the
    5  abusive and coercive nature of sexual misconduct, such behavior may also
    6  increase  the  incidence of sexually transmitted diseases and unintended
    7  pregnancies.
    8    Furthermore, the legislature finds that  additional  rules  and  regu-
    9  lations  may  be  necessary  to  reduce the risk of sexual misconduct by
   10  employees of such facilities.  Therefore, the legislature  hereby  finds
   11  and declares that a temporary commission is necessary to study the prob-
   12  lem and recommend measures to rectify such circumstances.
   13    S  2. A temporary state commission, to be known as the temporary state
   14  commission on custodial sexual misconduct (hereinafter "commission"), is
   15  hereby created to study the  prevalence  of  sexual  misconduct  between
   16  inmates  in  state  correctional  facilities,  or  residents placed in a
   17  facility operated by the office of children  and  family  services,  and
   18  employees  as  defined  in  paragraphs  (e)  and (g) of subdivision 3 of
   19  section 130.05 of the penal law, and make recommendations concerning the
   20  need, if any, for additional legislation and/or  regulations  to  reduce
   21  the  incidence  of sexual misconduct in such facilities.  The commission
   22  shall further study the need, if any, to devise  a  notification  system
   23  whereby  incidences  of  sexual  misconduct are promptly reported to the
   24  appropriate authorities, and recommend safeguards to prevent such sexual
   25  misconduct.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00188-01-3
       S. 1394                             2
    1    S 3. a. The commission shall consist of nine members to  be  appointed
    2  as  follows:  three members shall be appointed by the governor and shall
    3  include the commissioner of the department of correctional services, the
    4  commissioner of the office of  children  and  family  services  and  the
    5  chairman  of  the state commission of correction; four members, with two
    6  appointments by the temporary president of the senate  and  two  by  the
    7  speaker of the assembly, shall be mental health professionals with expe-
    8  rience  in  the  treatment  of persons who suffer sexual abuse, criminal
    9  justice advocates, and  academic  professionals;  one  member  shall  be
   10  appointed  by the minority leader of the senate; and one member shall be
   11  appointed by the minority leader of the assembly. No person shall  be  a
   12  member of such commission while such person is a member of the senate or
   13  assembly.  Any  vacancy  on  such commission shall be filled in the same
   14  manner as the original appointment was made.  A  chairperson  and  vice-
   15  chairperson  of  such commission shall be elected by the majority of its
   16  members, all members being present.
   17    b. Except as provided in subdivision a of  this  section,  no  member,
   18  officer or employee of the commission shall be disqualified from holding
   19  any  other  public office or employment, nor shall he or she forfeit any
   20  such office or employment by reason of his or her appointment hereunder,
   21  notwithstanding the provisions of any general,  special  or  local  law,
   22  ordinance or city charter.
   23    S  4.  The members of the commission shall receive no compensation for
   24  their services, but shall be allowed their actual and necessary expenses
   25  incurred in the performance of their duties hereunder.
   26    S 5. The commission may employ and at pleasure remove  such  personnel
   27  as  it  may  deem necessary for the performance of its functions and fix
   28  their compensation within the amounts made  available  by  appropriation
   29  therefor.  Such commission may meet and hold public and/or private hear-
   30  ings within or without the state, and shall have all  the  powers  of  a
   31  legislative committee pursuant to the legislative law.
   32    S  6.  For the accomplishment of its purposes, the commission shall be
   33  authorized and empowered to undertake any studies, inquiries, surveys or
   34  analyses it may deem relevant through its own personnel  or  in  cooper-
   35  ation with or by agreement with any other public or private agency.
   36    S  7.  The  commission may request and shall receive from any court in
   37  the state and from any subdivision, department, board,  bureau,  commis-
   38  sion,  office,  agency  or  other instrumentality of the state or of any
   39  political subdivision thereof such facilities, assistance and data as it
   40  deems necessary or desirable for the proper execution of its powers  and
   41  duties and to effectuate the purposes set forth in this act.
   42    S  8.  The commission is hereby authorized and empowered to enter into
   43  any agreements and to do and perform any acts  that  may  be  necessary,
   44  desirable  or  proper  to  carry out the purposes and objectives of this
   45  act.
   46    S 9. The commission shall make a report  of  its  findings  and  shall
   47  submit  the  plan  developed  by  it,  including any recommendations for
   48  legislative action as it may deem  necessary  and  appropriate,  to  the
   49  governor,  the  temporary president of the senate and the speaker of the
   50  assembly no later than the thirty-first of December  in  the  year  next
   51  succeeding the year in which this act shall  have become a law.
   52    S  10.  This  act  shall take effect immediately and shall continue in
   53  full force and effect until the thirty-first of  December  in  the  year
   54  next  succeeding  the year in which it shall have become a law when upon
   55  such date the provisions of this act shall be deemed repealed.