STATE OF NEW YORK
________________________________________________________________________
4337
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to prohibiting
corrections employees from participating in degrading behavior towards
incarcerated persons or fellow employees
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 5 of section 137 of the correction law, as
2 amended by chapter 322 of the laws of 2021, is amended to read as
3 follows:
4 5. No incarcerated individual in the care or custody of the department
5 shall be subjected to degrading, racist or discriminatory treatment, and
6 no officer or other employee of the department shall inflict any blows
7 whatever upon any incarcerated individual, unless in self defense, or to
8 suppress a revolt or insurrection. When any incarcerated individual, or
9 group of incarcerated individuals, shall offer violence to any person,
10 or do or attempt to do any injury to property, or attempt to escape, or
11 resist or disobey any lawful direction, the officers and employees shall
12 use all suitable means to defend themselves, to maintain order, to
13 enforce observation of discipline, to secure the persons of the offen-
14 ders and to prevent any such attempt or escape. No employee of the
15 department shall insult an incarcerated individual or department employ-
16 ee by calling such individual a degrading name or otherwise engaging in
17 treatment intended to humiliate, offend, provoke or denigrate such indi-
18 vidual based on his or her age, race, creed, color, national origin,
19 sexual orientation, gender identity or expression, military status,
20 sex, disability, predisposing genetic characteristics, or the nature of
21 the individual's crime of conviction. Any employee who engages in such
22 degrading treatment of an incarcerated individual or another employee
23 shall be disciplined by the department and may have their employment
24 terminated for cause.
25 § 2. This act shall take effect on the ninetieth day after it shall
26 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07130-01-3