Bill > S3530

Introduced Session

This bill establishes the "Female Incarcerated Person's Rights Protection Act." Under the bill, the Commissioner of Corrections is required to establish a gender responsive risk and needs assessment as part of the institutional classification process based upon certain principles. In addition, the commissioner is required to establish a system of community supervision and reentry with comprehensive, collaborative services and prioritize increased direct supervision and oversight by correctional staff in order to identify potential issues and respond proactively before the issues escalate. The bill also provides that the commissioner is required to institute a mandatory in-service training for every correctional police officer that supervises female incarcerated persons regarding gender responsive policies and ensure that every correctional police officer that supervises female incarcerated persons completes this training annually. Further, the bill establishes in the Department of Corrections the Division of Women's Services. The division is to develop policies, programs, and services to address: 1) the specific needs of female incarcerated persons including treatment for physical or sexual abuse or other trauma; parenting issues; and child reunification; 2) the establishment of a system of structured incentives for female incarcerated persons; 3) the implementation of procedures which encourage female incarcerated persons to congregate in common areas rather than isolated cells, and 4) any other areas deemed appropriate by the commissioner. There is also established a Prison Rape Elimination Act (PREA) Compliance Unit within the division that is responsible for ensuring the department is in compliance with the federal PREA. Under the bill, the commissioner is required to provide doula services to incarcerated females who are pregnant and provide support services to incarcerated mothers, including but not limited to parenting classes. In addition, the commissioner is required to make parenting classes and family reunification programs available to any incarcerated person in the State who is scheduled to be released from incarceration within six months. The bill also provides that the commissioner is required, upon request of an incarcerated person, to provide any incarcerated person in this State who is scheduled to be released from incarceration within six months the opportunity to participate in counseling sessions and provide resources from approved nonprofit incarcerated person reentry services. The bill also establishes within the Department of Corrections a special victim's unit which is to be under the Special Investigations Division. The unit is to have the powers necessary or proper to investigate allegations of sexual assault or other sexual misconduct at State correctional facilities. The unit is required to investigate every allegation of sexual assault or other sexual misconduct in a State correctional facility made by a victim or third party through a verbal, written, telephonic, electronic, or anonymous report in accordance with State and federal law. In addition, every investigator is required to receive ongoing specialized training regarding investigating sexual assault or sexual misconduct allegations, including best practices for conducting gender informed and victim centered investigations. The bill also provides that as part of the mandatory in-service training for correctional police officers, the officers are to receive training regarding relevant terminology set forth in PREA; the methods available to report incidents of sexual abuse or sexual harassment of an incarcerated person; confidentiality requirements related to reports of sexual abuse or sexual harassment of an incarcerated person; and how to access emotional support services for incarcerated persons who are victims of sexual abuse or sexual harassment. Finally, the bill requires certain information as set forth in the bill regarding sexual abuse and sexual harassment of incarcerated persons to be provided to every incarcerated person at orientation upon in-take and periodically thereafter.

Committee Categories

Nilsa Cruz-Perez (D)*,  Linda Greenstein (D)*,  Teresa Ruiz (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 06/28/2024)

Official Document