Survivors and Lawmakers Celebrate Passage of Omnibus Prison Reform Bill Including Fair Access to Justice Act

ALBANY, NY (06/13/2025) (readMedia)-- Yesterday, both the New York State Senate and Assembly passed a transformative prison reform omnibus bill (A8871 Dilan/S8415 Salazar), which includes the Fair Access to Justice Act. The Fair Access to Justice Act removes unfair legal hurdles keeping survivors abused in state custody from accessing the justice they deserve. With the passage of this bill, survivors abused in state custody will have the time they need to come forward and access attorneys to support them when they are safe and ready to do so.

Right now, individuals abused in state custody, like prisons or jails, face insurmountable hurdles just to seek justice in the Court of Claims. Individuals abused in state custody have to file a notice of claim within 90 days of their abuse, usually while they are still in custody. This can subject them to further abuse and retaliation. Many are unaware of this timeframe and cannot access civil attorneys to navigate the filing process. Current law also requires these particular survivors to report the time, date, and location of their abuse, a standard that the state Court of Appeals upheld in March. This is a completely unreasonable standard given research on how trauma can impair memory and the challenges of keeping track of time in carceral settings. Although the Adult Survivors Act temporarily eased these requirements, allowing formerly incarcerated survivors to file 1,553 claims under the law, that window is closed, leaving justice-involved individuals without fair access to justice. At the same time, incarcerated individuals continue to face all different types of harm, including physical and sexual violence and death.

The prison reform omnibus bill will fix this double standard by tolling the statute of limitations to three years after a survivor is released from custody, starting on the date of release, and removing the requirement to file a notice of claim altogether. The Fair Access to Justice Act was included as a standalone bill in the Black, Puerto Rican, Hispanic, & Asian Caucus' Robert Brooks Blueprint for Justice & Reform, which the Caucus rallied for last Friday. Fair Access to Justice was also a priority bill in the Survivor Justice Coalition's legislative package - four bills that would put power back into the hands of survivors in New York.

"The State of New York shamefully forces incarcerated and formerly incarcerated New Yorkers who were sexually abused while in custody to jump through an endless number of legal hoops. The current process for these individuals is both unfair and unjust," said Senator Julia Salazar. "I'm beyond thrilled that both the Assembly and Senate passed the prison reform omnibus bill yesterday, eliminating unrealistic filing requirements that put survivors at risk of retaliation and create obstacles that don't exist if that same assault had happened outside of prison. I urge the Governor to sign it into law as soon as possible."

"As Chair of the Assembly Committee on Corrections, I've seen how incarcerated individuals abused in state custody who file lawsuits often become targets for retaliation," said Assemblyman Erik M. Dilan. "This legislation is an important step toward protecting their rights. It provides a tool to help them safeguard themselves while ensuring they do not lose rights they are entitled to both during incarceration and after their release."

"As a legislator, a lawyer, and a survivor, I've seen how our legal system is stacked against those who come forward after experiencing abuse, especially when that abuse happens behind bars," said Assemblymember Catalina Cruz. "Right now, survivors in state custody are given just 90 days to report what happened to them and provide specific details of their abuse or risk losing their right to seek justice. That's not a path to healing; it is a system designed to silence survivors. Removing the notice of claim filing requirements and giving survivors more time to come forward is long overdue. Justice should meet survivors where they are - not push them further into the shadows. I'm so thrilled that the prison reform omnibus bill passed and grateful to all of the advocates who helped get it across the finish line."

"We represent women who have been abused, dismissed, devalued, and denied their basic rights and humanity. For too long, their voices have been silenced. This bill is not just policy - it is a lifeline. It offers a path to justice, recognition, and healing for the countless women who have waited too long to be heard," said Dr. Donna Hylton, Author, CEO; A Little Piece of Light, Activist, Speaker, Survivor.

"I know firsthand how both law and culture functioned as powerful forces that silence women in the system while shielding sexual predators from accountability. As I see in my work, many women can't speak about their experiences for years after, let alone within 90 days of their abuse. They fear violence and retaliation if they were to speak up soon after. This is a human rights issue and reproductive rights issues. These women I support in my work lost their childbearing years to prison, and being sexually abused was another attack on their ability to make their own decisions about their bodies. Right now, our laws protect the perpetrator. The legislature took a huge step forward yesterday in shifting this paradigm. I myself am a survivor who was able to seek justice through the Adult Survivor's Act, and I'm glad that others will have a better path to justice once the bill is signed into law", said Noah Batsheva, Founder; Imani Safehouse, Advocate, and Survivor.