Bill > A05478

This bill enacts the "Gender Identity Respect, Dignity and Safety Act," which establishes comprehensive protections for incarcerated individuals who are transgender, gender nonconforming, nonbinary, or intersex in New York state correctional facilities. The legislation requires that such individuals be addressed by their preferred name and pronouns, have access to commissary items and clothing that align with their gender identity, and be searched by staff of the gender most closely aligned with their identity. The bill mandates that these individuals have the right to receive appropriate medical and mental health care, including gender-affirming care, and prohibits forced medical interventions. Facilities must presumptively place these individuals in housing units corresponding to their gender identity, with only limited exceptions if there is clear and convincing evidence of a current danger of gender-based violence. The law also ensures that such individuals cannot be placed in involuntary protective custody for more than 14 days if they experience harassment or threats, and requires correctional facilities to provide annual training to staff and notify individuals of their rights upon admission. Additionally, the bill allows individuals to seek legal recourse if their rights are violated, with the potential for injunctive relief and damages.

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https://www.nysenate.gov/legislation/bills/2025/A5478