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NY A00709
Bill
Status
1/11/2023
Primary Sponsor
Nily Rozic
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AI Summary
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Requires state and local correctional facilities to address incarcerated individuals by their self-identified name and pronouns that align with their gender identity, regardless of government-issued identification.
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Mandates presumptive placement of transgender, gender nonconforming, nonbinary, and intersex individuals in facilities housing the gender that most closely aligns with their self-attested gender identity, with the ability to opt out or transfer at any time.
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Provides access to commissary items, clothing, programming, and gender-affirming medical and mental health care, including items related to post-surgical care, while prohibiting non-consensual medical interventions.
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Limits involuntary protective custody to 14 days maximum for individuals experiencing harassment or violence due to their gender identity, requiring placement in least-restrictive safe settings instead.
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Establishes placement denials only upon clear and convincing evidence of current danger of gender-based violence, prohibits discriminatory factors like sex characteristics or other inmates' complaints, and allows violations to be pursued under civil rights law with damages and attorney's fees.
Legislative Description
Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their 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 individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.
Last Action
enacting clause stricken
12/16/2024