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NY A05478
Bill
Status
2/14/2025
Primary Sponsor
Emily Gallagher
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AI Summary
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Requires incarcerated individuals who are transgender, gender nonconforming, nonbinary, or intersex to be addressed by their specified name and pronouns, and grants access to commissary items, clothing, and materials aligned with their gender identity
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Establishes presumptive placement in correctional facilities matching the individual's self-attested gender identity, unless the person opts out or the commissioner finds clear and convincing evidence the person presents a current danger of committing gender-based violence
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Prohibits denying gender-aligned placement based on sex characteristics, sexual orientation, complaints from other incarcerated individuals, or medical treatment history
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Requires placement decisions within two days of request, with written explanations for any denials, and limits involuntary protective custody to 14 days maximum for those experiencing harassment or violence
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Mandates annual training for correctional personnel, written notice to incarcerated individuals about their rights, and annual public reporting on placement denials and protective custody durations
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
print number 5478a
1/8/2026