Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic10

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Julia Salazar says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.