New York 2025-2026 Regular Session

New York Senate Bill S01049

Introduced
1/8/25  
Refer
1/8/25  

Caption

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

Impact

This legislation represents a significant shift in the treatment of transgender, gender nonconforming, nonbinary, or intersex individuals within the correctional system of New York. By mandating that such individuals be placed in facilities with those whose gender aligns with their self-identified gender, it recognizes and affirms their identities. The bill also includes provisions for medical and mental health care that address gender dysphoria and other health needs related to their gender identity. Opponents of the bill might express concerns regarding safety and the complexities of housing individuals with differing gender identities in close quarters.

Summary

Bill S01049, known as the 'Gender Identity Respect, Dignity and Safety Act,' aims to amend the correction law to enhance the treatment and placement of incarcerated individuals based on their gender identity. The bill mandates that incarcerated individuals whose gender identity differs from their assigned sex at birth be addressed in accordance with their gender identity, which includes the use of preferred names and pronouns. Furthermore, it stipulates that these individuals will have access to commissary items, clothing, and other materials that align with their gender identity, allowing for a more respectful and dignified experience within correctional facilities.

Contention

The bill has faced opposition from various factions who argue that it could lead to safety issues within correctional institutions. Critics may raise concerns about potential abuses or misinterpretations of the bill that could impact the safety of all incarcerated individuals. Additionally, there are apprehensions regarding the practical implementation of these measures and how correctional staff will be trained to handle situations involving gender identity appropriately. Advocates, however, argue that the bill is a necessary step toward ensuring the rights and dignity of all individuals, particularly those from marginalized communities.

Companion Bills

NY A05478

Same As Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

Previously Filed As

NY A05478

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

NY S04958

Creates an identification card program for incarcerated individuals in local correctional facilities; requires such identification cards to be identical to non-driver identification cards issued to the general public; waives fees for such identification cards.

NY A06732

Creates an identification card program for incarcerated individuals in local correctional facilities; requires such identification cards to be identical to non-driver identification cards issued to the general public; waives fees for such identification cards.

NY HB317

Preventing a supervisor of the checklist from verifying a person's identity without identification, even if they personally know that person.

NY HB317

Allowing a supervisor of the checklist to verify a person's identity, with identification, if they personally know that person.

NY H5842

Categorizes women by their biological identity at birth rather than their gender identity for purpose of organized sports.

NY S2293

Categorizes women by their biological identity at birth rather than their gender identity for purpose of organized sports.

NY H7732

Categorizes women by their biological identity at birth rather than their gender identity for purpose of organized sports.

NY S0304

Categorizes women by their biological identity at birth rather than their gender identity for purpose of organized sports.

NY HB22

Correctional Services - Incarcerated Individuals - Identification Cards, Driver's Licenses, and Birth Certificates

Similar Bills

No similar bills found.