Bill Text: NY S03318 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes visiting policies for incarcerated people, to provide incarcerated people opportunities for personal contact with relatives, friends, clergy, volunteers and other persons to promote better institutional adjustment and better community adjustment upon release.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed) 2024-02-26 - AMENDED ON THIRD READING (T) 3318A [S03318 Detail]
Download: New_York-2023-S03318-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3318--A Cal. No. 368 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. SEPULVEDA, BAILEY, BRISPORT, BROUK, CLEARE, GIANAR- IS, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, MYRIE, RAMOS, RIVERA, SALAZAR, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the correction law, in relation to the establishment of visiting policies for incarcerated people 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. Visiting policies for the incarcerated. 1. State and local 4 correctional facilities shall establish visiting policies which give 5 incarcerated people opportunities for in-person contact with their rela- 6 tives, children, friends, clergy, volunteers and other persons to 7 promote individual transformation, better institutional adjustment and 8 better community adjustment upon release. Such program shall include, 9 but not be limited to, (a) visiting hours that are reasonably likely to 10 accommodate persons traveling from within the state, including evening 11 hours starting at six o'clock p.m. and/or weekend hours, (b) visits of 12 sufficient duration, including a minimum of one hour at local correc- 13 tional facilities so that visitors and incarcerated people will be able 14 to maintain relationship bonds, and (c) a published overcrowding policy 15 that is equitable with due consideration to the distance traveled by the 16 visitor, the frequency of the visitor's visits, the most recent occasion 17 that the incarcerated person's visit was terminated due to overcrowding, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00238-03-4S. 3318--A 2 1 and any other individual circumstances that limit in-person visits 2 between the incarcerated person and the visitor. 3 2. Video conferencing may supplement, but shall not take the place of, 4 in-person visits. For the purposes of this section, video conferencing 5 or other technologies that enable remote visitation shall not count 6 toward the required number of visits or duration of visitation that any 7 facility must offer to incarcerated individuals by law or regulation. 8 3. No incarcerated person is to be visited against his or her will by 9 any person. 10 § 2. This act shall take effect on the one hundred twentieth day after 11 it shall have become a law.
