What's happening
This bill requires all Department of Corrections employees and volunteers to report suspected or known sexual conduct between staff and inmates, with immunity for those who report and disciplinary action for those who do not.
Why it matters
Strengthens accountability within correctional facilities. by making it a legal duty for all staff and volunteers to report any known or suspected sexual conduct between staff and inmates, not just direct participants or witnesses.
Expands protection for whistleblowers. , granting immunity from civil lawsuits to those who report suspected sexual conduct in good faith, which may encourage more employees to come forward without fear of personal legal repercussions.
Mandates disciplinary consequences for non-reporting. , making failure to report suspected staff-inmate sexual conduct a disciplinary offense, which could deter cover-ups or willful ignorance and promote a safer, more transparent environment.
Applies to both employees and volunteers. , broadening the scope of responsibility and oversight to anyone working with inmates, thus closing loopholes and strengthening institutional safeguards against abuse.
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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
4213
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
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.
LBD07209-01-9
A. 4213 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.