What's happening
This bill allows transgender or intersex inmates in New York to be housed in facilities that ensure their health and safety.
Why it matters
Addresses the specific needs of transgender and intersex inmates. by allowing facility assignments based on individual health and safety, rather than requiring placement strictly by legal or birth sex—potentially reducing risks of violence, harassment, or medical neglect.
Shifts responsibility and discretion to sheriffs. for determining appropriate housing, which means local leadership will play a key role in the day-to-day safety and security of these inmates—potentially leading to differences in implementation across counties.
Highlights a broader move toward individualized corrections policy. and recognition of gender diversity within the justice system, signaling an official acknowledgment that one-size-fits-all approaches can be harmful for vulnerable populations.
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Who cares
Headline styles
Protect Transgender Inmates’ Housing Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Transgender Inmate Housing
Assembly Floor Calendar · Sponsor Maritza Davila
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3261
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to the housing of transgender or intersex inmates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 500-b of the correction law is amended by adding a new subdivision 14 to read as follows:
14. Notwithstanding the provisions of this section, a transgender or intersex inmate may be assigned to any facility housing unit which, upon the determination of the sheriff, ensures the inmate's health and safety and is consistent with facility management and security.
§ 2. This act shall take effect sixty days after it shall have become a law; provided, however, that the amendments to section 500-b of the correction law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06365-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to the housing of trans- gender or intersex inmates
Purpose or general idea of bill
To allow county jails to comply with the classification requirements of the Prison Rape Elimination Act (PREA).
Summary of provisions
Section 1 of the proposal adds a new subdivision (14) of section 500-b of the Correction Law that allows a local correctional facility to assign a transgender or intersex inmate to any facility housing unit which ensures the inmate's health and safety and is consistent with facility management and security.
Section 2 makes the proposal effective immediately.
Existing law
Correction Law § 500-b requires the separate housing of male and female inmates.
Justification
New York State Correction Law § 500-b prohibits county jails from assigning male and female inmates to the same housing unit. The U.S. Department of Justice's Prison Rape Elimination Act (PREA) National Standards (Part 115 of Title 28 of the Code of Federal Regulations) require a county jail, in deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, to consider on a case-by-case basis whether a placement would ensure the inmate's health and safety, and whether the placement would present management or security prob- lems." 28 C.F.R. § 115.42(c). The current inmate classification require- ments of Correction Law 5 500-b often prove problematic when local correctional facilities attempt to determine suitable housing for a transgender or intersex inmate. Where an inmate's gender or sex is ques- tioned, a local correctional facility often requires an immediate medical examination to render a determination.
Following such a determination, the rigid male/female classification categories of Correction Law g 500-b may prevent a facility administra- tor from placing a transgender or intersex inmate in the housing unit that would otherwise prove the most safe and secure for both the inmate and the facility. By aligning New York State Correction Law 5 500-b with the transgender and intersex inmate classification provisions of PREA, county jails would be capable of complying with both state and federal requirements.
Prior legislative history
S.8709 of 2018: Referred to Crime Victims, Crime and Correction
Fiscal implications for state and local governments
As proposed, the bill will allow local correctional facilities to comply with the transgender and intersex inmate classification requirements of the Prison Rape Elimination Act (PREA) and therefore receive full feder- al funding.
Effective date
Sixty days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.