Loading chat...
NY A05257
Bill
Status
2/8/2019
Primary Sponsor
Nily Rozic
Click for details
AI Summary
-
Requires correctional staff to address incarcerated transgender and gender nonconforming people by pronouns and names aligned with their gender identity.
-
Guarantees access to commissary items, clothing, personal property, programming, and educational materials consistent with an incarcerated person's gender identity.
-
Establishes the right to be searched by staff of the gender most closely aligned with the incarcerated person's gender identity, except in exigent circumstances or upon the person's request.
-
Presumes incarcerated people with gender identity differences from assigned sex at birth will be placed in facilities housing people of their identified gender, unless they opt out or the commissioner determines by clear and convincing evidence they present a current danger of gender-based violence.
-
Limits protective custody placement to 30 days maximum for transgender individuals experiencing harassment or violence due to gender identity, requiring placement in the least-restrictive safe setting instead.
Legislative Description
Relates to the treatment and placement of incarcerated people based upon gender identity; requires that incarcerated people in state and local correctional facilities who have a gender identity different from the person's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; and establishes that incarcerated people shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's gender identity unless the person opts out of such placement, such person is free to change their mind and switch at any time.
Last Action
print number 5257a
11/6/2020