Bill Text: NY A08190 | 2021-2022 | General Assembly | Amended

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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 2-0)

Status: (Introduced - Dead) 2022-06-01 - substituted by s402b [A08190 Detail]

Download: New_York-2021-A08190-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8190--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Correction -- recommitted to the Committee on Correction in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02850-03-2
        A. 8190--A                          2

     1  when  to do so would create an unacceptable risk to the safety and secu-
     2  rity of incarcerated  individuals  or  staff.  If  security  precautions
     3  prevent  the  incarcerated  individual  from  making  such call, a staff
     4  member  designated  by  the  superintendent of the facility shall make a
     5  call to a person of the  incarcerated  individual's  choice  unless  the
     6  incarcerated individual declines to have such a call made.
     7    §  2.  This  act shall take effect on the thirtieth day after it shall
     8  have become a law.