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NY A00691
Bill
Status
1/6/2021
Primary Sponsor
Nily Rozic
Click for details
AI Summary
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Incarcerated people with a gender identity different from assigned sex at birth or gender dysphoria diagnosis must be addressed by staff and provided commissary items, clothing, and programming aligned with their gender identity.
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Transgender and gender nonconforming incarcerated people have the right to be searched by officers of their identified gender and to receive appropriate medical and mental health care for their gender identity.
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Incarcerated people shall be presumptively placed in facilities housing individuals of their identified gender, unless they opt out or the commissioner determines clear and convincing evidence exists that they present a current danger of gender-based violence.
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Transgender incarcerated people experiencing harassment or violence due to gender identity cannot be held in protective custody for more than 30 days and must be housed in the least-restrictive safe setting available.
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These provisions apply to both state correctional facilities and county jails, with the law taking effect immediately.
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; 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
referred to correction
1/5/2022