Text of NY S 4702 (2020)

STATE OF NEW YORK ________________________________________________________________________ 4702 2019-2020 Regular Sessions IN SENATE March 21, 2019 ___________ Introduced by Sen. SEPULVEDA -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01372-01-9 S. 4702 2 1 be overcome by a demonstration by the commissioner, or the commission- 2 er's designee, that the placement would present significant safety, 3 management or security problems. In making determinations pursuant to 4 this section, the inmate's views with respect to his or her safety shall 5 be given serious consideration by the commissioner, or the commission- 6 er's designee. 7 § 3. Section 500-b of the correction law is amended by adding a new 8 subdivision 14 to read as follows: 9 14. Notwithstanding the provisions of this section, in determining 10 placement in a facility housing unit, an inmate who has a birth certif- 11 icate, passport or driver's license that reflects his or her gender 12 identity or who can meet established standards for obtaining such a 13 document to confirm the inmate's gender identity shall presumptively be 14 placed in a facility housing unit with inmates of the gender consistent 15 with the inmate's gender identity. Such presumptive placement may be 16 overcome by a demonstration by the chief administrative officer, or the 17 chief administrative officer's designee, that the placement would pres- 18 ent significant safety, management or security problems. In making 19 determinations pursuant to this section, the inmate's views with respect 20 to his or her safety shall be given serious consideration by the chief 21 administrative officer, or the chief administrative officer's designee. 22 § 4. Section 500-k of the correction law, as amended by chapter 2 of 23 the laws of 2008, is amended to read as follows: 24 § 500-k. Treatment of inmates. Subdivisions five [and], six and seven 25 of section one hundred thirty-seven of this chapter, except paragraphs 26 (d) and (e) of subdivision six of such section, relating to the treat- 27 ment of inmates in state correctional facilities are applicable to 28 inmates confined in county jails; except that the report required by 29 paragraph (f) of subdivision six of such section shall be made to a 30 person designated to receive such report in the rules and regulations of 31 the state commission of correction, or in any county or city where there 32 is a department of correction, to the head of such department. 33 § 5. This act shall take effect immediately; provided, however, that 34 the amendments to section 500-b of the correction law made by section 35 three of this act shall not affect the repeal of such section and shall 36 be deemed repealed therewith.