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New York · 2025-2026 General Assembly
A05478Enacts 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.
Requires prisons to provide affirming medical and mental health care related to gender dysphoria or gender affirmation, including post-surgery items, and prohibits unwanted treatments or counseling that attempts to change gender identity.
have the right to access all necessary and appropriate medical and mental health care, including routine and preventive medical care related to their sex characteristics, and affirming medical and mental health care as related to gender dysphoria or gender affirmation, which includes access to items that are used by individuals to affirm their gender identity, including those items associated with necessary and appropriate care after gender-affirming surgery;
Mandates that prison staff address transgender, nonbinary or intersex incarcerated individuals by their self-identified name and pronouns, provide aligned commissary/clothing/programming materials, and give annual training on these policies.
be addressed by correctional officers and staff in a manner that most closely aligns with such person's gender identity, including the name and pronouns specified by that person.
Requires placement of transgender, nonbinary or intersex incarcerated individuals in facilities, housing units and searches aligned with their self-attested gender identity (with narrow safety exception), and limits protective custody time.
shall be placed in a correctional facility or other institution 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.
Prohibits requiring documentation to confirm gender identity and protects confidentiality of records revealing transgender, nonbinary, intersex or gender-dysphoria status.
The department is prohibited from requiring documentation to confirm a person's gender identity, sex characteristics, or intersex status.
Establishes legal cause of action for violations, requires notice to all incarcerated people, annual training, and annual reporting on placements and protective custody.
A violation of this subdivision is a violation of section forty-c of the civil rights law and section two hundred ninety-six of the executive law.
Why the model tagged it this way: The bill adds multiple new provisions to the correction law that expand recognition of and access to services, facilities, care, and treatment consistent with self-identified gender identity for incarcerated transgender, nonbinary, gender-nonconforming, and intersex individuals. All provisions are specific to gender identity and therefore fall under the transgender topic; no provisions address firearms, abortion, or immigration enforcement.
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