Authorizes 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 confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8820
SPONSOR: Fahy TITLE OF BILL:
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 confinement
of persons
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to authorize and require the NYS Office of
the Inspector General to receive and investigate complaints of sexual
assault of incarcerated individuals in DOCCS facilities, and specifies
the protocol and procedures for access to reporting. Additionally, this
bill requires that all complaints remain anonymous, and protects indi-
viduals that are reporting sexual assault from retaliation.
SUMMARY OF PROVISIONS::
Section 1 - Section 53 of Article 4-A of the Executive Law is amended by
adding new a new paragraph 8 authorizing the Office of the Inspector
General to receive and investigate complaints of sexual assault in DOCCS
facilities.
Section 2 - The executive law is amended by adding a new section 54-a
relating to incidents of sexual assault in DOCCS facilities with the
following provisions:
Subd. 1 contains definitions of the terms "Institution," "Sexual
Assault," and "Non-consensual."
Subd. 2 establishes the right of individuals in custody of DOCCS to
report claims of sexual assault to the state inspector general.
Subd. 3 creates a confidential and secure reporting system
Subd. 4 contains further specification of the procedures.
Subd. 5 requires the inspector general to develop protocols and proce-
dures for the reporting and investigation of sexual assault allegations.
Subd. 6 prohibits retaliation, harassment, or any other type of retrib-
ution against an individual who has made a report of sexual assault and
provides that such actions shall also be subject to investigation and
referral for prosecution.
Subd. 7 provides that the state inspector aeneral and DOCCS shall take
all necessary measures to implement the provisions of this act.
Section 3 - Establishes the effective date.
JUSTIFICATION::
Sexual violence, harassment, and assault is a consistent and deeply
problematic issue impacting incarcerated individuals in Department of
Corrections and Community Supervision (DOCCS)facilities across New York
State. In 2022, The New York State Senate held a Joint Public Hearing to
address this topic.(1) Multiple organizations and formerly incarcerated
impacted individuals testified at this hearing, detailing specific inci-
dents of sexual assault while incarcerated, most of which which never
received timely, appropriate, or adequate care or responses to griev-
ances or reports filed against the individuals who assaulted them.
In 2022, after the passage of the Adult Survivors Act, over 750 women
came forward to take legal action regarding the sexual abuse and assault
they experienced while incarcerated in DOCCS facilities.(2) This horrif-
ic abuse not only includes violent rape and sexual abuse by correctional
staff, but also severe retaliation and threats if the survivor of the
rape or abuse were to tell anyone about it. Unfortunately, these 750
women are not the only ones. Women and LGBTQIA+ incarcerated individuals
are disproportionately sexually assaulted in DOCCS Facilities. The New
York Civil Liberties Union (NYCLU) reports statistics from a recent
survey by the Sylvia Rivera Law Project and TakeRoot Justice, in which
75% of respondents, the majority of whom are transgender women of color,
"reported at least one instance of sexual violence by corrections offi-
cers," and 81% of those respondents reported the incident which resulted
in inaction, retaliation, or solitary confinement.(3)
Current reporting methods, such as the Prison Rape Elimination Act
(PREA), are ineffective and often inaccessible for survivors of sexual
assault in prison. The New York State Coalition Against Sexual Assault
(NYSCASA), which is tasked with statewide implementation of PREA, shared
in their hearing testimony in 2022 that survivors do not have adequate
or anonymous access to reporting mechanisms, which is required by PREA,
and reports that are made often lead to retaliation or further victimi-
zation. Additionally, PREA complaints can take weeks to be processed,
which does not address the need for immediate assistance.(4) This inef-
fective reporting method makes it particularly challenging to collect
and analyze data surrounding this topic. This is why this bill is so
critical, not only to ensure accountability for correctional staff that
sexually assault or harass incarcerated individuals, but also to collect
and analyze data more efficiently to better understand the scope of this
issue.
The Office of the Inspector General already "conducts in-depth investi-
gations and analyses of alleged criminal wrongdoing, corruption,
conflicts of interest, fraud and abuse in New York State
agencies/entities which fall under its jurisdiction," in which DOCCS is
included. This also includes "...improper relationships between incar-
cerated persons and DOCCS staff."(5) Assigning this responsibility to
The Office of the Inspector General allows for unbiased investigation
into allegations against DOCCS staff, and will create a safer option for
incarcerated survivors of sexual assault and abuse to report.
FISCAL IMPLICATIONS::
The Offices of the Inspector General will need to hire additional staff.
The exact fiscal impact is to be determined.
LEGISLATIVE HISTORY::
New Bill.
EFFECTIVE DATE::
This act shall take effect six months after it shall have become law.
1 https://www.nysenate.gov/calendar/public-hearings/
march-03-2022/joint-public-hearing-impact-sexual-assault-prison-system
2 https://nypost.com/2022/11/17/hundreds-to-sue-over-sexual-abuse
in-new-york-prisons/
3 https://www.nysenate_gov_/sites/default/files/nyclu_testimony- impact
of sexual assault in the prison system - 3-3-22 l.pdf
4 https://www.nysenate.gov/sites/default/files/2022-02-22_nyscasa_
testimony_senate_ committee_ hearing_ on_ sexual assault_in_prisons.pdf
5 https://ig.ny.gov/doccs-and-special-investigations
STATE OF NEW YORK
________________________________________________________________________
8820
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Governmental Operations
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:
1 Section 1. Subdivision 7 of section 53 of the executive law, as added
2 by chapter 766 of the laws of 2005, is amended and a new subdivision 8
3 is added to read as follows:
4 7. establish programs for training state officers and employees
5 regarding the prevention and elimination of corruption, fraud, criminal
6 activity, conflicts of interest or abuse in covered agencies[.]; and
7 8. receive and investigate complaints of sexual assault in correction-
8 al facilities and other places operated by the department of corrections
9 and community supervision for the confinement of persons in accordance
10 with section fifty-four-a of this article.
11 § 2. The executive law is amended by adding a new section 54-a to read
12 as follows:
13 § 54-a. Incidents of sexual assault in institutions in the department
14 of corrections and community supervision. 1. Definitions. For the
15 purposes of this section:
16 a. "Institution" shall have the same meaning as defined in paragraph
17 (c) of subdivision four of section two of the correction law.
18 b. "Sexual assault" or any derivative term thereof means any non-con-
19 sensual sexual contact, including but not limited to the following
20 offenses as defined in article one hundred thirty of the penal law: (i)
21 rape; (ii) criminal sexual act; (iii) sexual misconduct; and (iv) sexual
22 abuse.
23 c. "Non-consensual" or any derivative word or phrase shall have the
24 same meaning as "lack of consent" as defined in section 130.05 of the
25 penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11379-02-3
A. 8820 2
1 2. a. The state inspector general shall receive and investigate
2 complaints from any source concerning allegations of sexual assault of
3 incarcerated individuals in institutions. The state inspector general
4 shall have all powers as set forth in section fifty-four of this article
5 and to take any other actions necessary to conduct a thorough and impar-
6 tial investigation.
7 b. Any individual in the custody of the department of corrections and
8 community supervision who claims to have been sexually assaulted in an
9 institution shall have the right to report the incident directly to the
10 state inspector general.
11 3. a. The state inspector general shall create a confidential and
12 secure reporting system for individuals in the custody of the department
13 of corrections and community supervision to report incidents of sexual
14 assault in such institutions.
15 b. The state inspector general shall develop protocols and procedures
16 for the reporting and investigation of sexual assault allegations in
17 institutions. Protocols shall include, at a minimum:
18 (i) procedures for the immediate and confidential reporting of allega-
19 tions of sexual assault;
20 (ii) procedures for the collection of evidence, including forensic
21 evidence;
22 (iii) procedures for conducting thorough and impartial investigations
23 of sexual assault allegations, including interviews with the alleged
24 victim, witnesses, and the accused;
25 (iv) procedures for notifying victims of the status of their case and
26 the outcome of the investigation;
27 (v) procedures for the referral of cases for criminal prosecution
28 where appropriate; and
29 (vi) procedures for tracking and reporting on sexual assault allega-
30 tions, investigations, and outcomes.
31 4. When the state inspector general commences an investigation of a
32 complaint of sexual assault in an institution, such investigation shall
33 be conducted in accordance with protocols, policies, and procedures
34 established by the state inspector general and shall include the follow-
35 ing:
36 a. interviews with the victim, witnesses, and any alleged perpetra-
37 tors;
38 b. collection and analysis of physical and forensic evidence, if or
39 when applicable;
40 c. review of relevant institutional or departmental records and poli-
41 cies, if relevant to the investigation;
42 d. coordination with law enforcement authorities and other relevant
43 agencies as necessary; and
44 e. any other investigative steps deemed necessary to determine the
45 facts and circumstances of the alleged sexual assault.
46 5. The protocol and procedures established pursuant to this section
47 shall be made available to all incarcerated individuals and and shall be
48 regularly reviewed and updated by the state inspector general, as need-
49 ed.
50 a. The department of corrections and community supervision, in consul-
51 tation with the office of the state inspector general, shall provide
52 individuals in its custody with information on how to report sexual
53 assault to the state inspector general, including information on how to
54 contact the state inspector general's office, and shall make this infor-
55 mation readily available in a variety of formats.
A. 8820 3
1 b. The department of corrections and community supervision, in consul-
2 tation with the office of the state inspector general, shall provide
3 individuals in its custody with access to a confidential and secure
4 method for reporting sexual assault to the state inspector general,
5 including the use of a hotline or other similar systems.
6 c. The department of corrections and community supervision shall
7 ensure that any reports of sexual assault made by individuals in its
8 custody when this act takes effect are immediately forwarded to the
9 office of the state inspector general.
10 6. a. Any individual in the custody of the department of corrections
11 and community supervision who reports a sexual assault to the state
12 inspector general shall be protected from retaliation, harassment, or
13 any other form of retribution or adverse treatment as a result of making
14 such report. Any allegations of retaliation, harassment, or any other
15 form of retribution against an individual who reports sexual assault to
16 the state inspector general shall be subject to investigation and poten-
17 tial referral for prosecution pursuant to the provisions of this arti-
18 cle.
19 b. The office of the state inspector general shall protect the confi-
20 dentiality of individuals who file reports of sexual assault in insti-
21 tutions to the fullest extent of the law.
22 7. The state inspector general and the department of corrections and
23 community supervision shall take all necessary measures to implement the
24 provisions of this act, including but not limited to training staff on
25 the reporting process to the state inspector general.
26 § 3. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
