Bill Text: NY A09453 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the unreasonable limitation of in-person visitation of incarcerated individuals.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-03-14 - referred to correction [A09453 Detail]

Download: New_York-2023-A09453-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9453

                   IN ASSEMBLY

                                     March 14, 2024
                                       ___________

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

        AN ACT to amend the correction law, in relation to prohibiting the limi-
          tation of in-person visitation of incarcerated individuals

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

     1    Section 1. The correction law is amended by adding a new section 138-b
     2  to read as follows:
     3    § 138-b. Prohibited limitation of in-person visitation of incarcerated
     4  individuals. 1. A correctional facility shall not:
     5    (a) prohibit, eliminate, or unreasonably limit in-person visitation of
     6  incarcerated individuals; or
     7    (b)  coerce,  compel, or otherwise pressure an incarcerated individual
     8  to forego or limit in-person visitation.
     9    2. For the purposes of this section, to unreasonably  limit  in-person
    10  visitation of incarcerated individuals shall include, but not be limited
    11  to,  providing an eligible incarcerated individual fewer than two oppor-
    12  tunities for in-person visitation during any seven-day period.
    13    3. A correctional institution, jail or house  of  correction  may  use
    14  video  or  other types of electronic devices for incarcerated individual
    15  communication with visitors; provided,  however,  that  such  electronic
    16  communications  shall  be in addition to and shall not replace in-person
    17  visitation.
    18    4. Nothing in this section shall prohibit the temporary suspension  of
    19  visitation  privileges  for  good  cause, including, but not limited to,
    20  misbehavior or during certain emergencies, as determined by the  depart-
    21  ment.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal of any rule or regulation necessary  for  the  implementation  of
    25  this  act  on its effective date are authorized to be made and completed
    26  on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14314-01-4