New York A 5016: Creates a temporary state commission to study sexual misconduct in state correctional facilities

Bill Text

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A05016 Summary:

BILL NOA05016 

&nbsp

SAME ASSAME AS S03769

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSRSimon

&nbsp

MLTSPNSR

&nbsp

&nbsp

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.

Go to top A05016 Actions:

BILL NOA05016 

&nbsp

02/10/2025referred to correction

01/07/2026referred to correction

Go to topA05016 Committee&nbspVotes:

Go to topA05016 Floor&nbspVotes:

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

Go to topA05016 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5016

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 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.
 LBD07306-01-5

 A. 5016 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