Bill Text: NY A06490 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-01-03 - referred to correction [A06490 Detail]

Download: New_York-2023-A06490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6490

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced  by  M.  of A. WEPRIN, GIBBS -- read once and referred to the
          Committee on Correction

        AN ACT to amend the correction law, in relation to allowing a  telephone
          call prior to an incarcerated individual's transfer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section  23  of  the  correction  law,  as
     2  amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
     3  follows:
     4    1. The commissioner shall have  the  power  to  transfer  incarcerated
     5  individuals  from  one  correctional  facility  to another. Whenever the
     6  transfer of incarcerated individuals from one correctional  facility  to
     7  another  shall be ordered by the commissioner, the superintendent of the
     8  facility from which the incarcerated individuals are  transferred  shall
     9  take  immediate  steps  to  make  the transfer. The transfer shall be in
    10  accordance with rules and regulations promulgated by the department  for
    11  the  safe  delivery  of  such incarcerated individuals to the designated
    12  facility. [Within] Immediately prior to  the  transfer,  the  department
    13  shall electronically notify the incarcerated individual's next of kin or
    14  personal  representative of the transfer and the incarcerated individual
    15  shall be allowed to make at least  one  personal  phone  call,  free  of
    16  charge,  except  under  exceptional  circumstances  when  to do so would
    17  create an unacceptable risk to the safety and security  of  incarcerated
    18  individuals  or  staff.  When a call is not permitted due to exceptional
    19  circumstances, the department shall so  indicate  in  a  contemporaneous
    20  written  document. Additionally, within twenty-four hours of arriving at
    21  the facility to which an incarcerated individual is transferred,  he  or
    22  she  shall  be  allowed to make at least one personal phone call, except
    23  when to do so would create an unacceptable risk to the safety and  secu-
    24  rity  of  incarcerated  individuals  or  staff.  If security precautions
    25  prevent the incarcerated individual  from  making  such  call,  a  staff

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01118-01-3
        A. 6490                             2

     1  member  designated  by  the  superintendent of the facility shall make a
     2  call to a person of the  incarcerated  individual's  choice  unless  the
     3  incarcerated individual declines to have such a call made.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.