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S429

An act to amend the Executive Law to authorize the State Inspector General to receive and investigate complaints of sexual assault in DOCCS facilities — 2025-05-13 · Calendar #256

The New York State Senate passed legislation Tuesday authorizing the State Inspector General to receive and investigate confidential complaints of sexual assault in Department of Corrections facilities, bringing the state into compliance with federal Prison Rape Elimination Act requirements. The bill (S429) passed 53-4, with four Republicans voting against it. Sponsor Sen. Salazar argued the measure addresses a critical gap in protections for incarcerated individuals who lack the liberty to report crimes to outside authorities like corrections officers can. She cited data showing over 1,550 cases were filed under the Adult Survivors Act by formerly incarcerated individuals alleging sexual abuse in state prisons, with 75 percent reporting sexual violence by correction officers and two-thirds facing retaliation when reporting. However, the bill drew criticism from Sen. Stec and Sen. Helming, who argued it should also protect corrections officers and civilian staff experiencing sexual assaults. Sen. Stec noted that since implementation of the HALT Act, inmate-on-staff assaults have doubled and the state is spending $100 million monthly on National Guard personnel instead of rehiring corrections officers. An amendment to increase penalties for sexual assaults against corrections officers was ruled nongermane and defeated on appeal. Sen. Helming voted against the bill, citing testimony from female corrections officers at a May 2023 bipartisan press conference about trauma they and their families experienced.
PASSED Ayes: 53 · Nays: 4

Debate Summary

The bill would create a mechanism for incarcerated individuals to confidentially report sexual misconduct to the Inspector General's office, bringing New York into compliance with the Prison Rape Elimination Act (PREA). Sen. Salazar argued the bill addresses a critical gap in protections for incarcerated people who lack liberty to report crimes to outside authorities. Sen. Stec and Sen. Helming opposed the bill as written, arguing it should also include protections for corrections officers and civilian staff who experience sexual assaults, citing a May 2023 bipartisan press conference where female corrections officers shared their experiences and the broader crisis in prison safety following the HALT Act implementation.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Borrello nay Republican
Helming nay Republican
Walczyk nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Stec Amendment to increase penalties for sexual assaults committed against corrections officers, referenced as Senate Bill 3517 by Sen. Scarcella-Spanton defeated