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A03956 Summary:

BILL NOA03956
 
SAME ASSAME AS S08879
 
SPONSORBichotte Hermelyn
 
COSPNSRSimon
 
MLTSPNSR
 
 
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.
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A03956 Actions:

BILL NOA03956
 
02/08/2023referred to correction
04/18/2023reported referred to ways and means
01/03/2024referred to ways and means
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A03956 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3956
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To use the recommendations by the commission to determine the feasibil- ity of devising and implementing a sexual misconduct notification,system in state correctional facilities whereby assaults can be made to the appropriate authorities at the earliest possible moment after such contact. Also, to determine any additional safeguards that may be insti- tuted in prohibiting sexual relations between inmates and correctional employees.   SUMMARY OF SPECIFIC PROVISIONS: The primary duties of the commission will be to investigate, evaluate and make recommendations with regard to the Problems of sexual miscon- duct in state correctional facilities. As such, the commission will make recommendations concerning any additional rules and regulations may be necessary to reduce the risk that correctional employees engage in unlawful and prohibited sexual contact with inmates. The commission shall consist of nine 11 members to be appointed as follows: the Commissioner of the Department of Corrections or his or her duly designated representative; the Commissioner of the Division of Criminal Justice Services or his or her duly designated representative; three members shall be appointed by the Governor; one member shall be appointed by the Temporary President of the Senate and one member by the Minority Leader of the Senate; one member shall be appointed by the Speaker of the Assembly and one member shall be appointed by the Minori- ty Leader of the Assembly. The goal of the commission is to investigate the problem of correctional employees engaging in unlawful and prohibited sexual contact with inmates and recommend measures to rectify such circumstances. An initial report shall be submitted by the commission no later than the thirty- first of December in the year next succeeding the year in which this act shall have become law.   JUSTIFICATION: No inmate should ever be a victim of sexual assault while in the custody of the Department of Corrections, and additional rules and regulations may be necessary to reduce the risk that correctional employees engage in unlawful and prohibited contact with inmates.   PRIOR LEGISLATIVE HISTORY: 2021-22: A06784; Referred to Ways & Means 2019-20: A2744; reported referred to ways and means 2017-18: A5863; Referred to Ways & Means   FISCAL IMPLICATIONS: Unknown.   EFFECTIVE DATE: This act shall take effect immediately.
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A03956 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3956
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  SIMON  --  read once and
          referred to the Committee on Correction
 
        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 incarcerated individuals and residents  are  vulnerable  to  sexual
     3  assault  from  other  incarcerated  individuals  and  employees of state
     4  facilities charged with the duty of care, custody and control of  incar-
     5  cerated individuals and residents.  In addition to the abusive and coer-
     6  cive  nature  of  sexual misconduct, such behavior may also increase the
     7  incidence of sexually transmitted diseases and unintended 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    §  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  incarcerated  individuals in state correctional facilities, or residents
    17  placed in a facility operated by  the  office  of  children  and  family
    18  services, and employees as defined in paragraphs (e) and (g) of subdivi-
    19  sion  3  of  section  130.05  of the penal law, and make recommendations
    20  concerning the need, if any, for  additional  legislation  and/or  regu-
    21  lations to reduce the incidence of sexual misconduct in such facilities.
    22  The commission shall further study the need, if any, to devise a notifi-
    23  cation  system  whereby  incidences  of  sexual  misconduct are promptly
    24  reported to the appropriate authorities,  and  recommend  safeguards  to
    25  prevent such sexual misconduct.
    26    §  3.  a. The commission shall consist of nine members to be appointed
    27  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.
                                                                   LBD06422-01-3

        A. 3956                             2
 
     1  include the commissioner of the department of correctional services, the
     2  commissioner  of  the  office  of  children  and family services and the
     3  chairman of the state commission of correction; four members,  with  two
     4  appointments  by  the  temporary  president of the senate and two by the
     5  speaker of the assembly, shall be mental health professionals with expe-
     6  rience in the treatment of persons who  suffer  sexual  abuse,  criminal
     7  justice  advocates,  and  academic  professionals;  one  member shall be
     8  appointed by the minority leader of the senate; and one member shall  be
     9  appointed  by  the minority leader of the assembly. No person shall be a
    10  member of such commission while such person is a member of the senate or
    11  assembly. Any vacancy on such commission shall be  filled  in  the  same
    12  manner  as  the  original  appointment was made. A chairperson and vice-
    13  chairperson of such commission shall be elected by the majority  of  its
    14  members, all members being present.
    15    b.  Except  as  provided  in subdivision a of this section, no member,
    16  officer or employee of the commission shall be disqualified from holding
    17  any other public office or employment, nor shall he or she  forfeit  any
    18  such office or employment by reason of his or her appointment hereunder,
    19  notwithstanding  the  provisions  of  any general, special or local law,
    20  ordinance or city charter.
    21    § 4. The members of the commission shall receive no  compensation  for
    22  their services, but shall be allowed their actual and necessary expenses
    23  incurred in the performance of their duties hereunder.
    24    §  5.  The commission may employ and at pleasure remove such personnel
    25  as it may deem necessary for the performance of its  functions  and  fix
    26  their  compensation  within  the amounts made available by appropriation
    27  therefor. Such commission may meet and hold public and/or private  hear-
    28  ings  within  or  without  the state, and shall have all the powers of a
    29  legislative committee pursuant to the legislative law.
    30    § 6. For the accomplishment of its purposes, the commission  shall  be
    31  authorized and empowered to undertake any studies, inquiries, surveys or
    32  analyses  it  may  deem relevant through its own personnel or in cooper-
    33  ation with or by agreement with any other public or private agency.
    34    § 7. The commission may request and shall receive from  any  court  in
    35  the  state  and from any subdivision, department, board, bureau, commis-
    36  sion, office, agency or other instrumentality of the  state  or  of  any
    37  political subdivision thereof such facilities, assistance and data as it
    38  deems  necessary or desirable for the proper execution of its powers and
    39  duties and to effectuate the purposes set forth in this act.
    40    § 8. The commission is hereby authorized and empowered to  enter  into
    41  any  agreements  and  to  do and perform any acts that may be necessary,
    42  desirable or proper to carry out the purposes  and  objectives  of  this
    43  act.
    44    §  9.  The  commission  shall  make a report of its findings and shall
    45  submit the plan developed  by  it,  including  any  recommendations  for
    46  legislative  action  as  it  may  deem necessary and appropriate, to the
    47  governor, the temporary president of the senate and the speaker  of  the
    48  assembly  no  later  than  the thirty-first of December in the year next
    49  succeeding the year in which this act shall  have become a law.
    50    § 10. This act shall take effect immediately  and  shall  continue  in
    51  full  force  and  effect  until the thirty-first of December in the year
    52  next succeeding the year in which it shall have become a law  when  upon
    53  such date the provisions of this act shall be deemed repealed.
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