What's happening
This bill requires all correctional department employees and volunteers to report any knowledge or suspicion of sexual conduct between staff and inmates, with penalties for non-reporting and immunity for those who report.
Why it matters
Expands Reporting Duty. The bill makes it mandatory for *all* correctional department employees and registered volunteers—not just certain staff—to report any actual or suspected sexual conduct between any employee (except married spouses) and inmates, closing potential loopholes where misconduct might go unreported due to unclear obligations.
Protects Whistleblowers. Employees and volunteers who report in good faith are granted civil immunity, encouraging them to come forward without fear of lawsuits or retaliation, which could help uncover and prevent abuse.
Creates Accountability for Non-Reporting. Failure to report knowledge or suspicion of sexual conduct will result in disciplinary action, establishing clear consequences that aim to deter cover-ups or willful ignorance within correctional facilities.
Clarifies Definitions. By referencing the penal law’s definition of “sexual conduct,” the bill ensures there is a clear and legally consistent standard for what must be reported, reducing ambiguity and potential disputes over what constitutes reportable behavior.
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Who cares
Headline styles
Report Prison Staff-Inmate Sex
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4030
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the duty to report sexual conduct by an employee with an inmate
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 22-b to read as follows:
§ 22-b. Duty to report. All employees of the department, regardless of title, are under a duty to report any sexual conduct between another department employee and an inmate. Such duty to report shall include any knowledge or a reasonable belief that the employee has of any sexual conduct taking place or that has taken place between any department employee and any inmate not married to such employee, in the custody of the department. Any department employee having either knowledge or a reasonable belief of any sexual conduct taking place or having taken place between any department employee and an inmate has a duty to report such information to the superintendent of the correctional facility where such sexual conduct is taking place or has taken place. Any employee who has either knowledge or a reasonable belief to suspect that such sexual conduct is taking place or has taken place between a department employee and an inmate and who reports such sexual conduct to the superintendent of the correctional facility shall have immunity from any civil liability that otherwise might be incurred or imposed as a result of the making of such report.
Any employee who either has either knowledge or a reasonable belief of sexual conduct between a department employee and an inmate and who fails to report such information shall be subject to disciplinary action.
For purposes of this section, sexual conduct shall have the same meaning as such term is defined in subdivision ten of section 130.00 of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04928-01-7
A. 4030 2
As used in this section, the term employee shall include a person who is registered as a volunteer to provide a service to inmates at a correctional facility.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.