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New York · 2025-2026 General Assembly
S01049Enacts 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.
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, so greater access to gender-affirming care for incarcerated
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 incarcerated individuals be addressed with name and pronouns aligning with their gender identity, have access to programming and educational materials consistent with their gender identity, and receive notice and training on these rights, so greater recognition of gender identity in a
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.
Prohibits requiring documentation to confirm gender identity and requires addressing individuals by requested name even if different from government-issued ID, so greater recognition of self-identified gender without documentation barriers.
The department is prohibited from requiring documentation to confirm a person's gender identity, sex characteristics, or intersex status.
Requires placement of incarcerated individuals in facilities and housing units with persons of the gender aligning with their self-attested gender identity (with narrow exceptions), so greater access to facilities matching gender identity.
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.
Establishes rights to gender-aligned searches, confidentiality of gender-related records, protections against involuntary protective custody beyond 14 days, and private right of action for violations, so greater legal protections and recognition for transgender and nonbinary incarcerated individuals
have the right to be searched by a correctional officer or staff member of the gender most closely aligned with such person's gender identity, unless the incarcerated individual requests otherwise or under exigent circumstances;
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Status: Died (session ended)
Last action
2026-01-07: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Why the model tagged it this way: The bill enacts multiple provisions expanding recognition of and access to services/facilities for transgender, gender nonconforming, nonbinary, and intersex incarcerated people, including healthcare, pronouns/names, housing placement by gender identity, searches, confidentiality, and anti-discrimination remedies. No provisions restrict transgender rights or address firearms, abortion, or immigration enforcement.
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