Prohibits male correction officers from pat frisking female inmates unless such officer has probable cause that a pat frisk is necessary to prevent escape or to protect other inmates or prison employees.
STATE OF NEW YORK
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1525
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
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 prohibiting male
correction officers from pat frisking female inmates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 137 of the correction law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. No male officer of the department shall pat frisk a female inmate
4 in the custody of the department unless such officer has probable cause
5 to believe that a pat frisk is necessary to protect the immediate safety
6 of other inmates or prison employees or to prevent escape.
7 § 2. Section 500-k of the correction law, as amended by chapter 2 of
8 the laws of 2008, is amended to read as follows:
9 § 500-k. Treatment of inmates. Subdivisions five [and], six and seven
10 of section one hundred thirty-seven of this chapter, except paragraphs
11 (d) and (e) of subdivision six of such section, relating to the treat-
12 ment of inmates in state correctional facilities are applicable to
13 inmates confined in county jails; except that the report required by
14 paragraph (f) of subdivision six of such section shall be made to a
15 person designated to receive such report in the rules and regulations of
16 the state commission of correction, or in any county or city where there
17 is a department of correction, to the head of such department.
18 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00230-01-1