BILL NUMBER: S1049A
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to enacting the "gender
identity respect, dignity and safety act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow for the appropriate placement and treatment of transgender,
gender nonconforming, nonbinary, and intersex individuals in state and
local correctional facilities in a manner aligned with their gender
identities.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill provides the title.
Section 2 amends section 137 of the correction law by adding a new
subdivision 7 that would require correctional officers and staff in
state prisons to address incarcerated individuals in a manner aligned
with their gender identity; sets standards of treatment for searches,
medical and mental health care, and accessing gender-aligned items and
programming; protects confidentiality of information relating to sex
characteristics and transgender, gender nonconforming, nonbinary, or
intersex status; requires routine training on and notice of the law's
protections; and provides a private right of action.
Section 3 amends correction law by adding a new section 72-d to address
placement of incarcerated individuals based on gender identity in state
prisons, to establish limits on length of time in involuntary protective
custody, to prohibit denying gender-aligned placement or transferring
out of gender-aligned placement as a form of punishment, and to require
the New York State Department of Corrections and Community Supervision
to provide notice of the law to incarcerated People, to provide annual
training to correctional staff, and to annually publicly report on
compliance.
Section 4 amends section 500-b of the correction law by adding a new
subdivision 14 to address placement of incarcerated individuals based on
gender identity in local jails, to establish limits on length of time in
involuntary protective custody, to prohibit denying gender-aligned
placement or transferring out of gender-aligned placement as a form of
punishment, and to require local corrections agencies to provide notice
of the law to incarcerated people, to provide annual training to correc-
tional staff, and to annually publicly report on compliance.
Section 5 amends section 500-b of the correction law by adding a new
subdivision 15 requiring local corrections agencies to follow the same
standards as state prisons set forth in Section 2.
Section 6 amends section 500-k of the correction law relating to the
re 
PRTS REQUIRED REGARDING COMPLIANCE WITH THIS LAW.
SECTION 7 SETS FORTH THE EFFECTIVE DATE.
 
JUSTIFICATION:
CURRENTLY, IN PRISONS AND JAILS ACROSS NEW YORK STATE, TRANSGENDER,
GENDER NONCONFORMING, INTERSEX, AND NONBINARY PEOPLE ARE ROUTINELY
SUBJECTED TO DISCRIMINATORY AND HARMFUL PLACEMENT DECISIONS AND OTHER
TREATMENT. STUDIES CONSISTENTLY FIND, FOR EXAMPLE, THAT TRANSGENDER
WOMEN FACE EXTRAORDINARILY HIGH RATES OF SEXUAL ABUSE AND ASSAULT IN
MALE PRISONS. THIS BILL WOULD REQUIRE THAT TRANSGENDER, GENDER NONCON-
FORMING, INTERSEX, AND NONBINARY PEOPLE ARE HOUSED IN A FACILITY WITH
PEOPLE MOST CLOSELY ALIGNED WITH THEIR GENDER IDENTITY UNLESS THE PERSON
OPTS OUT OF SUCH PLACEMENT OR IF THE RELEVANT CORRECTIONS AGENCY DETER-
MINES, AFTER AN INDIVIDUALIZED ASSESSMENT, THAT THE INDIVIDUAL POSES A
CURRENT DANGER OF COMMITTING GENDER-BASED VIOLENCE AGAINST OTHERS.
IN ADDITION TO HOUSING, THIS BILL WOULD ALSO REQUIRE CORRECTIONAL OFFI-
CERS AND STAFF TO ADDRESS INDIVIDUALS BY THE NAME AND PRONOUNS THE
PERSON USES, ENSURE THEY HAVE THE RIGHT TO BE SEARCHED BY CORRECTIONAL
OFFICERS OR STAFF MEMBERS ALIGNED WITH THEIR GENDER IDENTITY, HAVE
ACCESS TO COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY, AND PROGRAMMING
AND EDUCATIONAL MATERIALS CONSISTENT WITH GENDER IDENTITY, AND RECEIVE
AFFIRMING MEDICAL AND MENTAL HEALTH CARE. IT WILL ALSO LIMIT THE USE OF
INVOLUNTARY PROTECTIVE CUSTODY, A PRACTICE THAT IS HARMFUL TO PEOPLE'S
PHYSICAL AND MENTAL WELL-BEING. THE BILL ALSO REQUIRES THAT CORRECTIONS
AGENCIES PROVIDE ANNUAL TRAINING TO STAFF ON THE PROTECTIONS PROVIDED BY
THE LAW AND GIVE NOTICE TO ALL INCARCERATED PEOPLE ABOUT THEIR RIGHTS.
FINALLY, IT REQUIRES CORRECTION AGENCIES TO ROUTINELY AND PUBLICLY
REPORT ON THEIR COMPLIANCE WITH THE LAW'S PROVISIONS.
SIMILAR MEASURES HAVE PASSED IN CALIFORNIA AND HAVE BEEN IMPLEMENTED AS
A RESULT OF LITIGATION AROUND THE COUNTRY, INCLUDING IN BROOME, JEFFER-
SON, AND STEUBEN COUNTIES IN NEW YORK STATE, AND AT LEAST 16 COUNTIES IN
NEW YORK HAVE ADOPTED SIMILAR POLICIES VOLUNTARILY. WHILE NEW YORK STATE
HAS MADE STRIDES IN PUSHING BACK AGAINST DISCRIMINATION BASED ON GENDER
IDENTITY AND EXPRESSION, IT HAS TURNED ITS BACK ON PROVIDING THOSE SAME
PROTECTIONS TO TRANSGENDER, GENDER NONCONFORMING, INTERSEX, AND NONBINA-
RY NEW YORKERS IN CORRECTIONAL FACILITIES ACROSS THE STATE.
THIS BILL IS AN IMPORTANT STEP TO ENSURE NEW YORK STATE RESPECTS THE
DIGNITY AND SAFETY OF INCARCERATED TRANSGENDER, GENDER NONCONFORMING,
INTERSEX, AND NONBINARY NEW YORKERS. THE POLICIES INCLUDED IN THIS BILL
RESPOND TO NUMEROUS STUDIES OF THE EXPERIENCES'OF INCARCERATED TRANSGEN-
DER OR NONBINARY INDIVIDUALS, INCLUDING, FOR EXAMPLE, VERA INSTITUTE,
"ADVANCING TRANSGENDER JUSTICE, ILLUMINATING TRANS LIVES BEHIND AND
BEYOND BARS", FEBRUARY 20, 2024,
HTTPS://WWW.VERA.ORG/DOWNLOADS/PUBLICATIONS/ADVANCING-TRANSGENDER-
JUSTICE.PDF WHICH FOUND TRANSGENDER INDIVIDUALS FACE A HIGH LEVEL OF
HARASSMENT AND VIOLENCE BEHIND BARS AND A LACK OF INPUT INTO THEIR
APPROPRIATE PLACEMENT, AND "COMING OUT OF CONCRETE CLOSETS: A REPORT ON
BLACK AND PINK'S NATIONAL LGBTQ SURVEY", PUBLISHED IN 2015,
HTTPS://WWW.BLACKANDCINK.ORGIWO-CONTENT/UPLOADS/2020/03/COMING-OUT-OFCON
CRETE-CLOSETS-INCORCPORATED-EXECUTIVE-SUMMARV102115.PDF, WHICH MADE
SIMILAR FINDINGS.
THIS BILL IS SUPPORTED BY NUMEROUS CIVIL RIGHTS AND LGBTQ+ ADVOCACY
ORGANIZATIONS, INCLUDING: NY CIVIL LIBERTIES UNION, NEW PRIDE AGENDA,
LAMBDA LEGAL, EQUALITY NY, LEGAL ACTION CENTER, NEIGHBORHOOD DEFENDER
SERVICES, OSBORNE ASSOCIATION, FORTUNE SOCIETY, SYLVIA RIVERA LAW
PROJECT, LEGAL AID SOCIETY, TRANSGENDER LEGAL DEFENSE & EDUCATION FUND,
BRONX DEFENDERS, THE PRIDE CENTER OF THE CAPITAL REGION, AND THE NYS
NURSES ASSOCIATION.
 
AMENDED BILL:
THE "A" PRINT OF THE BILL MAKES CERTAIN TECHNICAL CHANGES AND CLARIFICA-
TIONS RELATING TO THE PROCEDURES TO BE FOLLOWED.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2023-2024: 52860 (SALAZAR) - REFERRED TO CRIME VICTIMS, CRIME &
CORRECTION
2021-2022: S6677A (SALAZAR) - REFERRED TO CRIME VICTIMS, CRIME &
CORRECTION
2019-2020: S4702A (SEPULVEDA) - REFERRED TO CRIME VICTIMS, CRIME &
CORRECTION COMMITTEE
ASSEMBLY:
2024: A709A (ROZIC) - REFERRED TO CORRECTION
2023: A709A (ROZIC) - REFERRED TO CORRECTION, AMENDED
2021-2022: A7001B (ROZIC) - REPORTED OUT OF CORRECTIONS COMMITTEE,
REFERRED TO CODES
2019-2020: A5257 (ROZIC) - REFERRED TO CORRECTIONS COMMITTEE
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
NONE.
 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY; PROVIDED HOWEVER, THAT THE
AMENDMENTS TO SECTION 500-B OF THE CORRECTION LAW MADE BY SECTION THREE
OF THIS ACT SHALL NOT AFFECT THE REPEAL OF SUCH SECTION AND SHALL BE
DEEMED REPEALED THEREWITH.

Statutes affected:
S1049: 137 correction law, 500-b correction law
S1049A: 137 correction law, 500-b correction law, 500-k correction law, 500-k(1) correction law