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
________________________________________________________________________
9226
IN ASSEMBLY
February 9, 2022
___________
Introduced by M. of A. WEPRIN, O'DONNELL, 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, regardless of
4 title, are under a duty to report any sexual conduct between another
5 department employee and an inmate. Such duty to report shall include any
6 knowledge or a reasonable belief that the employee has of any sexual
7 conduct taking place or that has taken place between any department
8 employee and any inmate not married to such employee, in the custody of
9 the department. Any department employee having either knowledge or a
10 reasonable belief of any sexual conduct taking place or having taken
11 place between any department employee and an inmate has a duty to report
12 such information to the superintendent of the correctional facility
13 where such sexual conduct is taking place or has taken place. Any
14 employee who has either knowledge or a reasonable belief to suspect that
15 such sexual conduct is taking place or has taken place between a depart-
16 ment employee and an inmate and who reports such sexual conduct to the
17 superintendent of the correctional facility shall have immunity from any
18 civil liability that otherwise might be incurred or imposed as a result
19 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.
26 As used in this section, the term employee shall include a person who
27 is registered as a volunteer to provide a service to inmates at a
28 correctional facility.
29 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14280-01-2