Bill > A05478

This bill, known as the "gender identity respect, dignity and safety act," mandates that incarcerated individuals in state and local correctional facilities who identify as transgender, gender nonconforming, nonbinary, intersex, or have a gender identity different from their sex assigned at birth, or have a diagnosis of gender dysphoria or a variation in sex characteristics, must be addressed with their correct name and pronouns, have access to gender-affirming commissary items, clothing, and materials, and be searched by staff of their affirmed gender unless they request otherwise or in emergencies. It also grants them the right to necessary medical and mental health care related to gender affirmation, including post-surgery items, and prohibits unwanted medical interventions or counseling that pathologizes their identity, while also protecting the confidentiality of their gender-related information. Furthermore, the bill requires that these individuals be placed in facilities with others of their affirmed gender, unless there's clear and convincing evidence they pose a current danger of gender-based violence, and prohibits denial of such placement based on discriminatory reasons like sex characteristics, sexual orientation, or the complaints of other inmates. The bill also establishes a process for determining placement exceptions, requires written notification of denials with supporting evidence, and allows for re-application for gender-aligned housing. It also addresses situations of harassment and violence by ensuring individuals are housed in the least restrictive safe setting and limits involuntary protective custody to fourteen days. Finally, the bill mandates annual training for correctional staff on these provisions and requires reporting on placement denials and protective custody durations.

Justice

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