Requires incarcerated individual sexual harassment complaints made against department employees to be investigated by the attorney general; makes the findings and recommendations of the attorney general final and binding on the part of the department.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6881
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the correction law, in relation to the investigation of
sexual harassment complaints made by incarcerated individuals
PURPOSE OF BILL:
This bill would allow inmates in the Custody of the Department of
Corrections alleging sexual harassment complaints against an employee of
the department to have their complaints investigated by a neutral, inde-
pendent third party.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend Section 139 of the Correction Law by adding a new
subdivision 7. Subdivision 7 provides that: any grievance made by an
individual in the custody of the department alleging sexual harassment
against an employee of the department shall be investigated by the
Attorney General. The findings of the Attorney General shall be final
and the department shall take the necessary and required reactions to
such findings and recommendations.
JUSTIFICATION:
Currently, most of the complaints that an inmate makes concerning sexual
harassment are investigated by the Department of Corrections Inspector
General's office. The employees of the Inspector General's office are
also employees of the Department of Corrections. It would benefit both
the inmates and the correction officers to have complaints investigated
by the Attorney General's office. This will insure a non-bias investi-
gation by a neutral independent third party.
LEGISLATIVE HISTORY:
2023-2024 A4482 referred to correction
2021-2022 A1421 referred to correction
2019-2020 A3120 referred to correction
01/03/18 referred to correction
01/30/13 referred to correction
01/08/14 referred to correction
01/20/15 A2892 referred to correction
01/06/16 A2892 referred to correction
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
STATE OF NEW YORK
________________________________________________________________________
6881
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to the investigation of
sexual harassment complaints made by incarcerated individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 139 of the correction law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. Notwithstanding any other provision of law or rule to the contrary,
4 any grievance made by an individual in the custody of the department
5 alleging sexual harassment by an employee of the department shall be
6 investigated by the attorney general. The findings and recommendations
7 of the attorney general shall be final and the department shall take the
8 necessary and required actions to implement such findings and recommen-
9 dations.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10538-01-5
