New York S 5298: Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees

Bill Text

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S05298 Summary:

BILL NOS05298 

&nbsp

SAME ASSAME AS A00302

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §137, Cor L

&nbsp

Prohibits corrections employees from participating in degrading behavior towards incarcerated persons or fellow employees; establishes any individual who participates in such behavior shall be disciplined by the department and may have their employment terminated for cause.

Go to top S05298 Actions:

BILL NOS05298 

&nbsp

02/20/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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

Go to topS05298 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5298

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 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 prohibiting
 corrections employees from participating in degrading behavior towards
 incarcerated persons or fellow employees

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

 1 Section 1. Subdivision 5 of section 137 of the correction law, as
 2 amended by chapter 322 of the laws of 2021, is amended to read as
 3 follows:
 4 5. No incarcerated individual in the care or custody of the department
 5 shall be subjected to degrading, racist or discriminatory treatment, and
 6 no officer or other employee of the department shall inflict any blows
 7 whatever upon any incarcerated individual, unless in self defense, or to
 8 suppress a revolt or insurrection. When any incarcerated individual, or
 9 group of incarcerated individuals, shall offer violence to any person,
 10 or do or attempt to do any injury to property, or attempt to escape, or
 11 resist or disobey any lawful direction, the officers and employees shall
 12 use all suitable means to defend themselves, to maintain order, to
 13 enforce observation of discipline, to secure the persons of the offen-
 14 ders and to prevent any such attempt or escape. No employee of the
 15 department shall insult an incarcerated individual or department employ-
 16 ee by calling such individual a degrading name or otherwise engaging in
 17 treatment intended to humiliate, offend, provoke or denigrate such indi-
 18 vidual based on such individual's age, race, creed, color, national
 19 origin, sexual orientation, gender identity or expression, military
 20 status, sex, disability, predisposing genetic characteristics, or the
 21 nature of the individual's crime of conviction. Any employee who
 22 engages in such degrading treatment of an incarcerated individual or
 23 another employee shall be disciplined by the department and may have
 24 their employment terminated for cause.
 25 § 2. This act shall take effect on the ninetieth day after it shall
 26 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00600-01-5

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