BILL NUMBER: S429
SPONSOR: SALAZAR
 
TITLE OF BILL:
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 confinement
of persons
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize and require the NYS Office of
the Inspector General to receive and investigate complaints of sexual
assault of incarcerated individuals in DOCCS facilities, and specifies
the protocol and procedures for access to reporting. Additionally, this
bill requires that all complaints remain anonymous, and protects indi-
viduals that are reporting sexual assault from retaliation.
 
SUMMARY OF PROVISIONS:
Section 1 - Section 53 of Article 4-A of the Executive Law is amended by
adding new a new paragraph 8 authorizing the Office of the Inspector
General to receive and investigate complaints of sexual assault in DOCCS
facilities.
Section 2 - The executive law is amended by adding a new section 54-a
relating to incidents of sexual assault in DOCCS facilities with the
following provisions:
Subd. 1 contains definitions of the terms "Institution," "Sexual
Assault," and "Non-consensual."
Subd. 2 establishes the right of individuals in custody of DOCCS to
report claims of sexual assault to the state inspector general.
Subd. 3 creates a confidential and secure reporting system.
Subd. 4 contains further specification of the procedures.
Subd. 5 requires the inspector general to develop protocols and proce-
dures for the reporting and investigation of sexual assault allegations.
Subd. 6 prohibits retaliation, harassment, or any other type of retrib-
ution against an individual who has made a report of sexual assault and
provides that such actions shall also be subject to investigation and
referral for prosecution.
Subd. 7 provides that the state inspector general and DOCCS shall take
all necessary measures to implement the provisions of this act.
Section 3 - Establishes the effective date.
 
JUSTIFICATION:
Sexual violence, harassment, and assault is a consistent and deeply
problematic issue impacting incarcerated individuals in Department of
Corrections and Community Supervision (DOCCS)facilities across New York
State. In 2022, The New York State Senate held a Joint Public Hearing to
address this topic.(1) Multiple organizations and formerly incarcerated
impacted individuals testified at this hearing, detailing specific inci-
dents of sexual assault while incarcerated, most of which never received
timely, appropriate, or adequate care or responses to grievances or
reports filed against the individuals who assaulted them.
In 2022, after the passage of the Adult Survivors Act, over 750 women
came forward to take legal action regarding the sexual abuse and assault
they experienced while incarcerated in DOCCS facilities.(2) This horrif-
ic abuse not only includes violent rape and sexual abuse by correctional
staff, but also severe retaliation and threats if the survivor of the
rape or abuse were to tell anyone about it. Unfortunately, these 750
women are not the only ones. Women and LGBTQIA+ incarcerated individuals
are disproportionately sexually assaulted in DOCCS Facilities. The New
York Civil Liberties Union (NYCLU) reports statistics from a recent
survey by the Sylvia Rivera Law Project and Take Root Justice, in which
75% of respondents, the majority of whom are transgender women of color,
"reported at least one instance of sexual violence by corrections offi-
cers," and 81% of those respondents reported the incident which resulted
in inaction, retaliation, or solitary confinement.(3)
Current reporting methods, such as the Prison Rape Elimination Act
(PREA), are ineffective and often inaccessible for survivors of sexual
assault in prison. The New York State Coalition Against Sexual Assault
(NYSCASA), which is tasked with statewide implementation of PREA, shared
in their hearing testimony in 2022 that survivors do not have adequate
or anonymous access to reporting mechanisms, which is required by PREA,
and reports that are made often lead to retaliation or further victimi-
zation. Additionally, PREA complaints can take weeks to be processed,
which does not address the need for immediate assistance.(4) This inef-
fective reporting method makes it particularly challenging to collect
and analyze data surrounding this topic. This is why this bill is so
critical, not only to ensure accountability for correctional staff that
sexually assault or harass incarcerated individuals, but also to collect
and analyze data more efficiently to better understand the scope of this
issue.
The Office of the Inspector General already "conducts in-depth investi-
gations and analyses of alleged criminal wrongdoing, corruption,
conflicts of interest, fraud and abuse in New York State
agencies/entities which fall under its jurisdiction," in which DOCCS is
included. This also includes "...improper relationships between incar-
cerated persons and DOCCS staff."(5) Assigning this responsibility to
The Office of the Inspector General allows for unbiased investigation
into allegations against DOCCS staff and will create a safer option for
incarcerated survivors of sexual assault and abuse to report.
 
FISCAL IMPLICATIONS:
The Offices of the Inspector General will need to hire additional staff.
The exact fiscal impact is to be determined.
 
LEGISLATIVE HISTORY:
SENATE:
2024: S6975 (Salazar) - Referred to Crime Victims, Crime and Correction.
Passed Senate.
2023: S6975 (Salazar) - Referred to Crime Victims, Crime and Correction.
Passed Senate.
ASSEMBLY:
2024: A8820 (Fahy) - Referred to Governmental Operations.
 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become law.
1 https://www.nysenate.gov/calendar/public-hearings/
march-03-2022/joint-public-hearing-impact-sexual-assault-prison-system
2 https://nypost.com/2022/11/17/hundreds-to-sue-over-sexual- abusein-
new-york-prisons/
3 https://www.nysenate_gov_/sites/default/files/nyclu_testimony- impact
of sexual assault in the prison system - 3-3-22 1.pdf
4 https://www.nysenate.gov/sites/default/files/2022-02-22_nyscasa_
testimony_senate_ committee_ hearing_ on_ sexual assault_ in_prisons.pdf
5 https://ig.ny.gov/doccs-and-special-investigations

Statutes affected:
S429: 53 executive law, 53(7) executive law