STATE OF NEW YORK ________________________________________________________________________ 5478 2025-2026 Regular Sessions IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. GALLAGHER, ROZIC, GONZALEZ-ROJAS, SIMON, EPSTEIN, BRONSON, WEPRIN, KELLES, SEAWRIGHT, JACKSON, BURDICK, GLICK, FORREST, LUPARDO, CRUZ, GIBBS, BORES, ROSENTHAL, SIMONE, RAGA, DAVILA, REYES, SHIMSKY, DE LOS SANTOS, SHRESTHA, BICHOTTE HERMELYN, TAYLOR, LEVEN- BERG, LEE, HEVESI, DINOWITZ, TAPIA -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to enacting the "gender identity respect, dignity and safety act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "gender identity respect, dignity and safety act". 3 § 2. Section 137 of the correction law is amended by adding a new 4 subdivision 7 to read as follows: 5 7. (a) Any incarcerated individual in a correctional facility or other 6 institution who has a gender identity that differs from their assigned 7 sex at birth, who has a diagnosis of gender dysphoria, who has a vari- 8 ation in their sex characteristics, or who self-identifies as transgen- 9 der, gender nonconforming, nonbinary, or intersex shall: 10 (i) be addressed by correctional officers and staff in a manner that 11 most closely aligns with such person's gender identity, including the 12 name and pronouns specified by that person. If a person states that, in 13 order to most closely align with their gender identity, they use a name 14 that is different from the name listed on their government-issued iden- 15 tification, they shall be addressed and referred to by their requested 16 name; 17 (ii) have access to commissary items, clothing, personal property, 18 programming and educational materials that most closely align with such 19 person's gender identity; 20 (iii) have the right to be searched by a correctional officer or staff 21 member of the gender most closely aligned with such person's gender EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03026-01-5
A. 5478 2 1 identity, unless the incarcerated individual requests otherwise or under 2 exigent circumstances; 3 (iv) have the right to access all necessary and appropriate medical 4 and mental health care, including routine and preventive medical care 5 related to their sex characteristics, and affirming medical and mental 6 health care as related to gender dysphoria or gender affirmation, which 7 includes access to items that are used by individuals to affirm their 8 gender identity, including those items associated with necessary and 9 appropriate care after gender-affirming surgery; 10 (v) have the right not to be subjected to medical or mental health 11 treatments or interventions which they do not want or to which they do 12 not provide informed consent, including but not limited to surgical 13 interventions to change their sex characteristics such as genital 14 surgeries and sterilizations, and counseling that pathologizes or 15 attempts to change their sexual orientation or gender identity; and 16 (vi) have the right to maintain the confidentiality of records or 17 portions of records related to their incarceration that would reveal 18 their sex characteristics or their transgender, gender nonconforming, 19 nonbinary, or intersex status, or that would otherwise reveal that their 20 gender identity differs from their assigned sex at birth, that they have 21 a diagnosis of gender dysphoria, or that they have an intersex trait or 22 variation in their sex characteristics. This provision does not prevent 23 an incarcerated individual from consenting to the release of such mate- 24 rial nor does it prevent the release of aggregate data, reports created 25 pursuant to subdivision seven of section seventy-two-d and paragraph (g) 26 of subdivision fourteen of section five hundred-b of this chapter, or 27 records that have otherwise been de-identified and would not reveal the 28 identity of a transgender, gender nonconforming, nonbinary, or intersex 29 person without their consent. 30 (b) The department is prohibited from requiring documentation to 31 confirm a person's gender identity, sex characteristics, or intersex 32 status. 33 (c) All people shall receive notice in writing in a language and 34 manner understandable to them about the requirements of this subdivision 35 upon their admission to a correctional facility or other institution. 36 (d) The department shall provide annual training on provisions of this 37 subdivision to all personnel. 38 (e) A violation of this subdivision is a violation of section forty-c 39 of the civil rights law and section two hundred ninety-six of the execu- 40 tive law. Any individual aggrieved under this subdivision may initiate 41 proceedings in a court of competent jurisdiction or in the New York 42 state division of human rights seeking injunctive relief and damages, 43 including reasonable attorney's fees. 44 § 3. The correction law is amended by adding a new section 72-d to 45 read as follows: 46 § 72-d. Placement of incarcerated individuals based on gender identi- 47 ty. 1. An incarcerated individual who has a gender identity that differs 48 from their assigned sex at birth, who has a diagnosis of gender dyspho- 49 ria, who has a variation in their sex characteristics, or who self-iden- 50 tifies as transgender, gender nonconforming, nonbinary, or intersex 51 pursuant to subdivision seven of section one hundred thirty-seven of 52 this chapter shall be presumptively placed in a correctional facility or 53 other institution with persons of the gender that most closely aligns 54 with such person's self-attested gender identity unless the person opts 55 out of such placement. Placement shall not be conditioned upon the 56 incarcerated individual's history of, consent to, intention to seek, or
A. 5478 3 1 refusal to undergo any treatment or intervention regarding their sex 2 characteristics or gender identity, including those interventions 3 described in subparagraph (v) of paragraph (a) of subdivision seven of 4 section one hundred thirty-seven of this chapter. 5 2. The incarcerated individual shall be permitted to leave such 6 presumptive placement and transfer to a facility housing individuals of 7 their assigned sex at birth at any time. Any such person who has opted 8 out of such presumptive placement or who leaves such placement may again 9 request placement in a correctional facility with persons of the gender 10 that most closely aligns with their self-attested gender identity at any 11 time. 12 3. Such presumptive placement may be overcome by a determination in 13 writing by the commissioner or the commissioner's designee that there is 14 clear and convincing evidence that such person presents a current danger 15 of committing gender-based violence against others. A denial of presump- 16 tive placement shall not be based on any discriminatory reasons, includ- 17 ing but not limited to (a) the past or current sex characteristics, 18 including chromosomes, genitals, gonads, other internal or external 19 reproductive anatomy, secondary sex characteristics, or hormone function 20 of the person whose housing placement is at issue, (b) the sexual orien- 21 tation of the person whose housing placement is at issue, (c) the 22 complaints of other incarcerated individuals who do not wish to be 23 housed with a non-cisgender or intersex person due to that person's 24 gender identity or sex characteristics, or (d) a factor present among 25 other people in the presumptive housing unit or facility. After being 26 notified that a transgender, gender nonconforming, nonbinary, or inter- 27 sex person is seeking presumptive placement, the department shall have 28 two days to make a determination pursuant to this subdivision. A denial 29 of presumptive placement shall be provided in writing to the affected 30 person within two days of the department's decision. The department 31 shall include in its written decision a description of all evidence 32 supporting the department's decision and an explanation of why the 33 evidence supports a determination that the person presents a current 34 danger of committing gender-based violence against others. The depart- 35 ment shall attach all supporting documentation to the written decision. 36 The supporting documentation may be redacted as necessary to protect any 37 person's privacy or safety. Unsubstantiated allegations are not clear 38 and convincing evidence justifying a denial of presumptive placement or 39 transfer out of presumptive placement. 40 4. The department's decision pursuant to subdivision three of this 41 section is final and shall not be grievable. 42 5. An incarcerated individual denied presumptive placement pursuant to 43 subdivision three of this section may re-apply for presumptive housing 44 at any time when there is information that was not previously submitted 45 to the commissioner or the commissioner's designee or when previous 46 information was improperly weighed by the commissioner or the commis- 47 sioner's designee. Such application shall be subject to subdivision 48 three of this section. 49 6. The department is prohibited from denying a presumptive placement 50 or transferring a person out of a presumptive placement as a form of 51 discipline. 52 7. A transgender, gender nonconforming, nonbinary, or intersex incar- 53 cerated individual experiencing harassment, violence or threats of 54 violence due to their gender identity or sex characteristics shall not 55 be placed in involuntary protective custody for more than fourteen days 56 as a result of such harassment, violence or threats of violence, and
A. 5478 4 1 shall be housed in a least-restrictive setting where they will be safe 2 from such behavior. 3 8. All people shall receive notice in writing in a language and manner 4 understandable to them about the requirements of this section upon their 5 admission to a correctional facility or other institution. The depart- 6 ment shall provide annual training on provisions of this section to all 7 correctional personnel who are involved in the supervision or placement 8 of incarcerated individuals. 9 9. The department shall report annually to the governor, the temporary 10 president of the senate, the minority leader of the senate, the speaker 11 of the assembly, the minority leader of the assembly, the chairperson of 12 the senate crime victims, crime and correction committee and the chair- 13 person of the assembly correction committee on the number of transgen- 14 der, gender nonconforming, nonbinary, or intersex incarcerated individ- 15 uals who (a) were denied presumptive placement in accordance with 16 subdivision three of this section; (b) voluntarily opted out of presump- 17 tive placement in accordance with subdivision one of this section; and 18 (c) were kept in involuntary protective custody for longer than fourteen 19 days. Reports required by this section shall be posted on the website 20 maintained by the department. Reports may include de-identified individ- 21 ual information in the aggregate, but shall not include personally iden- 22 tifiable information. 23 10. A violation of this section is a violation of section forty-c of 24 the civil rights law and section two hundred ninety-six of the executive 25 law. Any individual aggrieved under this section may initiate 26 proceedings in a court of competent jurisdiction or in the New York 27 state division of human rights seeking injunctive relief and damages, 28 including reasonable attorney's fees. 29 § 4. Section 500-b of the correction law is amended by adding a new 30 subdivision 14 to read as follows: 31 14. (a) Notwithstanding the provisions of this section, any incarcer- 32 ated individual determined to have a gender identity different from 33 their assigned sex at birth, who has a diagnosis of gender dysphoria, 34 who has a variation in their sex characteristics, or who self-identifies 35 as transgender, gender nonconforming, nonbinary, or intersex pursuant to 36 subdivision seven of section one hundred thirty-seven of this chapter 37 shall be presumptively placed in a facility housing unit with incarcer- 38 ated individuals of the gender most closely aligned with such person's 39 self-attested gender identity unless the person opts out of such place- 40 ment. Placement shall not be conditioned upon the incarcerated individ- 41 ual's history of, consent to, intention to seek, or refusal to undergo 42 any treatment or intervention regarding their sex characteristics or 43 gender identity, including those interventions described in subparagraph 44 (v) of paragraph (a) of subdivision seven of section one hundred thir- 45 ty-seven of this chapter. The incarcerated individual shall be permit- 46 ted to leave such placement and transfer to a unit housing individuals 47 of their assigned sex at birth at any time. Any such person who has 48 opted out of such presumptive placement or who leaves such placement may 49 again request placement in a housing unit with persons of the gender 50 that most closely aligns with their self-attested gender identity at any 51 time. Such presumptive placement may be overcome by a determination in 52 writing by the chief administrative officer or their designee that there 53 is clear and convincing evidence that such person presents a current 54 danger of committing gender-based violence against others. A denial of 55 presumptive placement shall not be based on any discriminatory reasons, 56 including but not limited to (1) the past or current sex character-
A. 5478 5 1 istics, including chromosomes, genitals, gonads, other internal or 2 external reproductive anatomy, secondary sex characteristics, or hormone 3 function of the person whose housing placement is at issue, (2) the 4 sexual orientation of the person whose housing placement is at issue, 5 (3) the complaints of other incarcerated individuals who do not wish to 6 be housed with a non-cisgender or intersex person due to that person's 7 gender identity, or sex characteristics, or (4) a factor present among 8 other people in the presumptive housing unit or facility. After being 9 notified that a transgender, gender nonconforming, nonbinary, or inter- 10 sex person is seeking presumptive placement, the chief administrative 11 officer or their designee shall have two days to make a determination 12 pursuant to this subdivision. A denial of presumptive placement shall 13 be provided in writing to the affected person within two days of the 14 decision by the chief administrative officer or their designee. The 15 chief administrative officer or their designee shall include in their 16 written decision a description of all evidence supporting the decision 17 and an explanation of why the evidence supports a determination that the 18 person presents a current danger of committing gender-based violence 19 against others. The chief administrative officer or their designee shall 20 attach all supporting documentation to the written decision. The 21 supporting documentation may be redacted as necessary to protect any 22 person's privacy or safety. Unsubstantiated allegations are not clear 23 and convincing evidence justifying a denial of presumptive placement or 24 a transfer out of presumptive placement. 25 (b) The chief administrative officer's or their designee's decision 26 pursuant to paragraph (a) of this subdivision is final and not grieva- 27 ble. 28 (c) An incarcerated individual denied presumptive placement pursuant 29 to paragraph (a) of this subdivision may re-apply for presumptive hous- 30 ing at any time when there is information that was not previously 31 submitted to the chief administrative officer or their designee or when 32 previous information was improperly weighed by the chief administrative 33 officer or their designee. Such application is subject to paragraph (a) 34 of this subdivision. 35 (d) The chief administrative officer or their designee is prohibited 36 from denying a presumptive placement or transferring a person out of a 37 presumptive placement as a form of discipline. 38 (e) A transgender, gender nonconforming, or nonbinary incarcerated 39 individual experiencing harassment, violence or threats of violence due 40 to their gender identity or sex characteristics shall not be placed in 41 involuntary protective custody for more than fourteen days as a result 42 of such harassment, violence or threats of violence, and shall be housed 43 in a least-restrictive setting where they will be safe from such behav- 44 ior. 45 (f) All people shall receive notice in writing in a language and 46 manner understandable to them about the requirements of this subdivision 47 upon their admission to a local correctional facility. The sheriff shall 48 provide annual training on provisions of this subdivision to all correc- 49 tional personnel who are involved in the supervision or placement of 50 incarcerated individuals. 51 (g) The sheriff of each county shall report, in a form and manner 52 prescribed by the commission, the number of transgender, gender noncon- 53 forming, nonbinary, or intersex incarcerated individuals who (1) were 54 denied presumptive placement in accordance with paragraph (a) of this 55 subdivision; (2) voluntarily opted out of presumptive placement in 56 accordance with paragraph (a) of this subdivision; and (3) were kept in
A. 5478 6 1 involuntary protective custody for longer than fourteen days. The 2 commission shall include such information in its annual report pursuant 3 to section forty-five of this chapter, but shall exclude identifying 4 information from such report. Reports required by this provision shall 5 be posted on the website maintained by the commission. 6 (h) A violation of this subdivision is a violation of section forty-c 7 of the civil rights law and section two hundred ninety-six of the execu- 8 tive law. Any individual aggrieved under this subdivision may initiate 9 proceedings in a court of competent jurisdiction or in the New York 10 state division of human rights seeking injunctive relief and damages, 11 including reasonable attorney's fees. 12 § 5. Section 500-b of the correction law is amended by adding a new 13 subdivision 15 to read as follows: 14 15. Pursuant to its authority under section forty-five of this chap- 15 ter, the commission in collaboration with the department shall promul- 16 gate rules and regulations to ensure that local correctional authorities 17 timely notify the department when a transgender, gender nonconforming, 18 nonbinary, or intersex person is being transferred into the custody of 19 the department. The rules and regulations shall ensure the department 20 makes necessary arrangements to ensure gender-aligned housing, unless 21 the impacted individual opts out of such housing, immediately upon 22 transfer to department custody. 23 § 6. Subdivision 1 of 500-k of the correction law, as separately 24 amended by chapters 93 and 322 of the laws of 2021, is amended to read 25 as follows: 26 1. Subdivisions five [and], six and seven of section one hundred thir- 27 ty-seven of this chapter, except paragraphs (d) and (e) of subdivision 28 six of such section, relating to the treatment of incarcerated individ- 29 uals in state correctional facilities are applicable to incarcerated 30 individuals confined in county jails; except that the report required by 31 paragraph (f) of subdivision six of such section shall be made to a 32 person designated to receive such report in the rules and regulations of 33 the state commission of correction, or in any county or city where there 34 is a department of correction, to the head of such department. 35 § 7. This act shall take effect immediately; provided, however, that 36 the amendments to section 500-b of the correction law made by sections 37 four and five of this act shall not affect the repeal of such section 38 and shall be deemed repealed therewith.