Provides that all employees of the department of correctional services have a duty to report any sexual conduct between an employee and an inmate; provides that employees that fail to report shall be subject to disciplinary action.
STATE OF NEW YORK
________________________________________________________________________
3878
2009-2010 Regular Sessions
IN ASSEMBLY
January 28, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the duty to report
sexual conduct by an employee with an inmate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 22-b
2 to read as follows:
3 § 22-b. Duty to report. All employees of the department of correction-
4 al services, regardless of title, are under a duty to report any sexual
5 conduct between another department employee and an inmate. Such duty to
6 report shall include any knowledge or a reasonable belief that the
7 employee has of any sexual conduct taking place or that has taken place
8 between any department employee and any inmate not married to such
9 employee, in the custody of the department. Any department employee
10 having either knowledge or a reasonable belief of any sexual conduct
11 taking place or having taken place between any department employee and
12 an inmate has a duty to report such information to the superintendent of
13 the correctional facility where such sexual conduct is taking place or
14 has taken place. Any employee who has either knowledge or a reasonable
15 belief to suspect that such sexual conduct is taking place or has taken
16 place between a department employee and an inmate and who reports such
17 sexual conduct to the superintendent of the correctional facility shall
18 have immunity from any civil liability that otherwise might be incurred
19 or imposed as a result of the making of such report.
20 Any employee who either has either knowledge or a reasonable belief of
21 sexual conduct between a department employee and an inmate and who fails
22 to report such information shall be subject to disciplinary action.
23 For purposes of this section, sexual conduct shall have the same mean-
24 ing as such term is defined in subdivision ten of section 130.00 of the
25 penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04426-01-9
A. 3878 2
1 As used in this section, the term employee shall include a person who
2 is registered as a volunteer to provide a service to inmates at a
3 correctional facility.
4 § 2. This act shall take effect immediately.
