BILL NUMBER: S6442
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act directing the commissioner of the division of criminal justice
services to study gender disparity in sentencing outcomes
 
PURPOSE:
Directs the commissioner of the division of criminal justice services to
study gender disparity in sentencing outcomes.
 
SUMMARY OF PROVISIONS:
Section 1 directs the commissioner of the Department of Corrections and
Community Supervision to study gender disparity in sentencing.
Section 2 states that the commissioner must report their findings to the
Governor and the Legislature no later than one year after the effective
date of this act.
Section 3 states the effective date.
 
JUSTIFICATION:
Although on average, women tend to receive shorter sentences than men,1
this issue is more complex than it seems.2 With the number of women
receiving extreme sentences in the United States going up,3 it is imper-
ative to identify and solve issues within the sentencing process to
ensure women are not being unfairly penalized.
Requiring this study to be performed will better allow lawmakers to
correct gender disparities in New York State sentencing procedures, in
turn ensuring both male and female defendants receive a sentence that is
fair and proportional to the crime they committed.
 
LEGISLATIVE HISTORY:
2023-2024: S7938 - Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.ussc.govisites/defaultifiles/pdfiresearch-and-
publicationstr esearch-publications/2017/201711_14_Demograohics.pdf
2 https://www.aclu.org/documentstwords-prison-did-you-
know?redirect=words- prison-did-you-know#_edn
4 https://www.sentencingprojectordiapp
/uploads/2022/08/1n-the-Extreme-Women-Serving-Life-without-Par ole-and-
Death-Sentences- in-the-United-States.pdf