Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.
This bill (S 329) changes criminal procedure rules to allow defendants to appeal a judge's decision denying a motion to suppress evidence - even if they later enter a guilty plea. It directly affects criminal defendants who want to challenge evidence rulings that may involve issues of public concern. The key provision amends the law to make such denial orders "reviewable upon appeal" from the final conviction, removing a previous barrier that prevented appeals after a guilty plea. This provides a clearer path for defendants to seek appellate review of critical evidence rulings without being barred by their own plea. The change applies to all criminal cases where evidence suppression is contested.
Directs the commissioner of corrections and community supervision to study gender disparity in resources provided to incarcerated individuals and make a report to the governor and the legislature of the findings, conclusions and recommendations.
Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.
Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.
Prohibits discrimination against any individual with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking; requires training on discrimination against individuals with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking.
Prohibits automatic license plate reader users from selling, sharing, allowing access to, or transferring automatic license plate reader information to any state or local jurisdiction for the purpose of investigating or enforcing a law that denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services.
Relates to the release of student education records to juvenile detention facilities; provides that where a student has been directed to be held in a juvenile detention facility pursuant to a court order, the educational agency where such student attends school at the time of such direction shall, upon request of the juvenile detention facility where such student is held, disclose such educational records to educational program personnel at such facility without consent of the parent or eligible student under certain circumstances.
Requires the New York city department of corrections and the New York city health and hospitals corporation to adopt safety policies to protect health care workers who treat incarcerated individuals.
Establishes an employee mental health services program for all employees who work for the department of corrections and community supervision and all employees of the office of mental health who deliver services to incarcerated individuals overseen by the department of corrections and community supervision.
