Bill Text: NY S04071 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 4071

Introduced

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: (Engrossed) 2024-03-27 - referred to correction [S04071 Detail]

Download: New_York-2023-S04071-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          4071

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          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

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

        S. 4071                             2

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