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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00429 Summary: BILL NO S00429 &nbsp SAME AS SAME AS A07081

&nbsp SPONSOR SALAZAR &nbsp COSPNSR BRISPORT, BROUK, CLEARE, FAHY, FERNANDEZ, JACKSON, SEPULVEDA, WEBB &nbsp MLTSPNSR &nbsp Amd §53, add §54-a, Exec L &nbsp Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.

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STATE OF NEW YORK ________________________________________________________________________

429

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sens. SALAZAR, BROUK, FAHY, SEPULVEDA, WEBB -- 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 executive law, in relation to authorizing the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confine- ment of persons

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subdivision 7 of section 53 of the executive law, as added 2 by chapter 766 of the laws of 2005, is amended and a new subdivision 8 3 is added to read as follows: 4 7. establish programs for training state officers and employees 5 regarding the prevention and elimination of corruption, fraud, criminal 6 activity, conflicts of interest or abuse in covered agencies[ . ] ; and 7 8. receive and investigate complaints of sexual assault in correction- 8 al facilities and other places operated by the department of corrections 9 and community supervision for the confinement of persons in accordance 10 with section fifty-four-a of this article. 11 § 2. The executive law is amended by adding a new section 54-a to read 12 as follows: 13 § 54-a. Incidents of sexual assault in institutions in the department 14 of corrections and community supervision. 1. Definitions. For the 15 purposes of this section: 16 a. "Institution" shall have the same meaning as defined in paragraph 17 (c) of subdivision four of section two of the correction law. 18 b. "Sexual assault" or any derivative term thereof means any non-con- 19 sensual sexual contact, including but not limited to the following 20 offenses as defined in article one hundred thirty of the penal law: (i)

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01649-01-5

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1 rape; (ii) criminal sexual act; (iii) sexual misconduct; and (iv) sexual 2 abuse. 3 c. "Non-consensual" or any derivative word or phrase shall have the 4 same meaning as "lack of consent" as defined in section 130.05 of the 5 penal law. 6 2. a. The state inspector general shall receive and investigate 7 complaints from any source concerning allegations of sexual assault of 8 incarcerated individuals in institutions. The state inspector general 9 shall have all powers as set forth in section fifty-four of this article 10 and to take any other actions necessary to conduct a thorough and impar- 11 tial investigation. 12 b. Any individual in the custody of the department of corrections and 13 community supervision who claims to have been sexually assaulted in an 14 institution shall have the right to report the incident directly to the 15 state inspector general. 16 3. a. The state inspector general shall create a confidential and 17 secure reporting system for individuals in the custody of the department 18 of corrections and community supervision to report incidents of sexual 19 assault in such institutions. 20 b. The state inspector general shall develop protocols and procedures 21 for the reporting and investigation of sexual assault allegations in 22 institutions. Protocols shall include, at a minimum: 23 (i) procedures for the immediate and confidential reporting of allega- 24 tions of sexual assault; 25 (ii) procedures for the collection of evidence, including forensic 26 evidence; 27 (iii) procedures for conducting thorough and impartial investigations 28 of sexual assault allegations, including interviews with the alleged 29 victim, witnesses, and the accused; 30 (iv) procedures for notifying victims of the status of their case and 31 the outcome of the investigation; 32 (v) procedures for the referral of cases for criminal prosecution 33 where appropriate; and 34 (vi) procedures for tracking and reporting on sexual assault allega- 35 tions, investigations, and outcomes. 36 4. When the state inspector general commences an investigation of a 37 complaint of sexual assault in an institution, such investigation shall 38 be conducted in accordance with protocols, policies, and procedures 39 established by the state inspector general and shall include the follow- 40 ing: 41 a. interviews with the victim, witnesses, and any alleged perpetra- 42 tors; 43 b. collection and analysis of physical and forensic evidence, if or 44 when applicable; 45 c. review of relevant institutional or departmental records and poli- 46 cies, if relevant to the investigation; 47 d. coordination with law enforcement authorities and other relevant 48 agencies as necessary; and 49 e. any other investigative steps deemed necessary to determine the 50 facts and circumstances of the alleged sexual assault. 51 5. The protocol and procedures established pursuant to this section 52 shall be made available to all incarcerated individuals and and shall be 53 regularly reviewed and updated by the state inspector general, as need- 54 ed. 55 a. The department of corrections and community supervision, in consul- 56 tation with the office of the state inspector general, shall provide

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1 individuals in its custody with information on how to report sexual 2 assault to the state inspector general, including information on how to 3 contact the state inspector general's office, and shall make this infor- 4 mation readily available in a variety of formats. 5 b. The department of corrections and community supervision, in consul- 6 tation with the office of the state inspector general, shall provide 7 individuals in its custody with access to a confidential and secure 8 method for reporting sexual assault to the state inspector general, 9 including the use of a hotline or other similar systems. 10 c. The department of corrections and community supervision shall 11 ensure that any reports of sexual assault made by individuals in its 12 custody when this act takes effect are immediately forwarded to the 13 office of the state inspector general. 14 6. a. Any individual in the custody of the department of corrections 15 and community supervision who reports a sexual assault to the state 16 inspector general shall be protected from retaliation, harassment, or 17 any other form of retribution or adverse treatment as a result of making 18 such report. Any allegations of retaliation, harassment, or any other 19 form of retribution against an individual who reports sexual assault to 20 the state inspector general shall be subject to investigation and poten- 21 tial referral for prosecution pursuant to the provisions of this arti- 22 cle. 23 b. The office of the state inspector general shall protect the confi- 24 dentiality of individuals who file reports of sexual assault in insti- 25 tutions to the fullest extent of the law. 26 7. The state inspector general and the department of corrections and 27 community supervision shall take all necessary measures to implement the 28 provisions of this section, including but not limited to training staff 29 on the reporting process to the state inspector general. 30 § 3. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law.

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