New York A 4032: Relates to the duty to report incidents in correctional facilities

Bill Text

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A04032 Summary:

BILL NOA04032 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORVanel

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §628, Cor L

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Establishes an explicit duty to report incidents in correctional facilities, setting mandatory reporters, content of required reports and penalties for failure to report an incident.

Go to top A04032 Actions:

BILL NOA04032 

&nbsp

01/30/2025referred to correction

01/07/2026referred to correction

Go to topA04032 Committee&nbspVotes:

Go to topA04032 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04032 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4032

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. VANEL -- read once and referred to the Committee
 on Correction

 AN ACT to amend the correction law, in relation to the duty to report
 incidents in correctional facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The correction law is amended by adding a new section 628
 2 to read as follows:
 3 § 628. Duty to report incidents. 1. Every person employed or under
 4 contract to work in a correctional facility shall immediately report all
 5 acts of violence against an incarcerated person to the department of
 6 corrections and community supervision provided that such acts of
 7 violence meet the following criteria:
 8 (a) Such act was by committed by a person employed by or under
 9 contract to work at a correctional facility against an incarcerated
 10 person or was committed by an incarcerated person or another at the
 11 direction or permission of a person employed by or under contract to
 12 work at a correctional facility;
 13 (b) Such act resulted in:
 14 i. an observable physical injury to the incarcerated person; or
 15 ii. an internal injury that causes such incarcerated person to exhibit
 16 physical signs of such injury; or
 17 iii. death.
 18 2. Such report shall contain:
 19 (a) The date and approximate time of the occurrence of the act;
 20 (b) The name, title, and contact information, if known, of the person
 21 or persons who committed the act or caused the act to be committed;
 22 (c) A detailed description of the act; and
 23 (d) The name, title and contact information of every person known to
 24 the person to have the same information as the person concerning the
 25 reportable act.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05742-01-5

 A. 4032 2

 1 3. Nothing in this section shall be construed to prohibit a person
 2 from contacting or reporting to law enforcement or emergency services
 3 before or after reporting to the department.
 4 4. Every person mandated to report pursuant to this section shall be
 5 required to make a report to the department as outlined in subdivision
 6 two of this section unless (a) the reporter has actual knowledge that
 7 the reportable act has been reported to the department; and (b) that the
 8 reporter has been named as a person with knowledge of the act in such
 9 prior report.
 10 5. Except as provided in subdivision six of this section, the depart-
 11 ment, and any officer or employee of the department, shall not disclose
 12 any information, including information provided by a reporter, which
 13 could reasonably be expected to reveal the identity of a reporter,
 14 except when and until it is required to be disclosed to a defendant or
 15 respondent in connection with a proceeding instituted by the department.
 16 6. Notwithstanding subdivision five of this section, a report made
 17 under subdivision two of this section may, in the discretion of the
 18 department, when determined by the department to be necessary or appro-
 19 priate to investigate or prosecute an act of violence, and in accordance
 20 with subdivision seven of this section, be made available to:
 21 (a) The department of law;
 22 (b) An appropriate office or agency of the state, acting within the
 23 scope of its jurisdiction; and
 24 (c) An appropriate office or agency of the federal government, acting
 25 within the scope of its jurisdiction.
 26 7. Each of the entities, agencies, or persons describe