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S6975

An act to amend the Executive Law — 2024-02-14 · Calendar #209

The New York State Senate passed legislation creating an anonymous reporting mechanism for sexual violence in correctional facilities, with a 52-2 vote on Calendar 209, Senate Print 6975. The bill, sponsored by Sen. Salazar, aims to provide incarcerated individuals with safe channels to report sexual assault, addressing a gap where such claims are currently investigated by alleged assailants' colleagues or friends within the Office of Special Investigations. An amendment proposed by Sen. Rolison to extend identical protections to corrections officers and civilian staff was ruled nongermane by Acting President Bailey and defeated when the ruling was appealed. Rolison argued that staff members, particularly female corrections officers, face violence and harassment in facilities and deserve equal protections. Salazar countered that the amendment was unnecessary because DOCCS employees already have access to report to the inspector general, while incarcerated individuals lack such options. The bill will take effect 180 days after becoming law. Sens. Oberacker and Weik voted against passage.
PASSED Ayes: 52 · Nays: 2

Debate Summary

The bill creates an anonymous reporting mechanism for sexual violence in correctional facilities, focusing on incarcerated individuals. Sen. Rolison proposed an amendment to extend protections to corrections officers and civilian staff, arguing they face violence and deserve equal protections. Sen. Salazar opposed the amendment as redundant, noting that DOCCS employees already have access to report to the inspector general, while incarcerated individuals currently lack adequate reporting mechanisms and face investigations by alleged assailants' colleagues.

Recorded Votes

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

Senator Vote Party
Oberacker nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Rolison Amendment to include corrections officers and civilian staff in the bill's anonymous reporting mechanism for sexual violence defeated

An act to amend the Executive Law — 2023-06-05 · Calendar #1226

Senate Print 6975, an act to amend the Executive Law, was laid aside during floor consideration on motion of Sen. Lanza. No debate or vote occurred.

Debate Summary

No debate occurred on this bill. Sen. Lanza moved to lay the bill aside, and the Acting President granted the motion.


An act to amend the Executive Law regarding sexual assault investigations in correctional facilities — 2023-06-05 · Calendar #1226

The New York State Senate passed legislation Tuesday authorizing the Office of the Inspector General to investigate sexual assault complaints in state correctional facilities, a power currently held exclusively by the Department of Corrections and Community Supervision's internal Office of Special Investigations. Senate Print 6975, sponsored by Sen. Salazar, passed 59-2, with only Sens. Oberacker and Walczyk voting in opposition. The bill would also establish an anonymous reporting system for incarcerated individuals to report sexual misconduct without fear of retaliation. Salazar cited a legislative hearing on sexual violence in prisons that revealed systemic failures, noting that in 2019, OSI substantiated only 11 of 481 complaints of sexual abuse by staff—less than 2.5 percent. She argued survivors are reluctant to report assaults to OSI because it is staffed by former correction officers. The bill was supported by Sen. Palumbo, though he expressed concern that it does not address what he called record levels of violence against corrections officers and staff, urging the chamber to focus on protections for those employees as well. Sen. Canzoneri-Fitzpatrick also voted affirmatively but emphasized the need for additional measures to protect corrections staff.
PASSED Ayes: 59 · Nays: 2

Debate Summary

The bill would authorize the Office of the Inspector General to investigate complaints of sexual assault in DOCCS facilities, currently handled only by the internal Office of Special Investigations (OSI). Sponsor Sen. Salazar argued the current system is failing survivors because OSI is comprised of former correction officers, leading to low substantiation rates (2.5% in 2019). The bill would also create an anonymous reporting mechanism for incarcerated individuals. Sen. Palumbo supported the bill but noted it does not address violence against corrections officers and staff, which he characterized as a more pressing issue.

Recorded Votes

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

Senator Vote Party
Oberacker nay Republican
Walczyk nay Republican