Bill Text: NY S04518 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to inmate telephone services at local correctional facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04518 Detail]
Download: New_York-2021-S04518-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4518--A 2021-2022 Regular Sessions IN SENATE February 5, 2021 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to inmate telephone services at local correctional facilities 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 623-a 2 to read as follows: 3 § 623-a. Inmate telephone services at local correctional facilities. 4 1. Telephone services contracts for inmates in local correctional facil- 5 ities shall be subject to the procurement provisions as set forth in 6 article five-A of the general municipal law provided, however, that when 7 determining the best value of such telephone service, the lowest possi- 8 ble cost to the telephone user shall be emphasized. Local correctional 9 facilities, counties and municipalities shall not accept or receive 10 revenue or other benefits from the provider of telephone services to 11 such facilities. 12 2. The sheriff of such local correctional facility shall make avail- 13 able either a prepaid or collect call system, or a combination thereof, 14 for telephone service. Under the prepaid system, funds may be deposited 15 into an account in order to pay for station-to-station calls, provided 16 that nothing in this subdivision shall require the sheriff to provide or 17 administer a prepaid system. Under a collect call system, call recipi- 18 ents shall be billed for the cost of an accepted telephone call initi- 19 ated by an inmate. Under such collect call system, the provider of 20 inmate telephone service, as an additional means of payment, shall 21 permit the recipient of inmate calls to establish an account with such 22 provider in order to deposit funds to pay for such collect calls in 23 advance. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06758-02-1S. 4518--A 2 1 3. The commission, in consultation with local correctional facilities, 2 shall establish rules and regulations or procedures to ensure that any 3 inmate phone call system established by this section provides reasonable 4 security measures to preserve the safety and security of each correc- 5 tional facility, all staff and all persons outside a facility who may 6 receive inmate phone calls. 7 4. Pursuant to rules and regulations established by the department and 8 the commission, a local correctional facility may request to participate 9 in a contract procured by the department pursuant to subdivision one of 10 section six hundred twenty-three of this article. A copy of such request 11 shall be provided to the commission. The cost and administration of 12 telephone services secured pursuant to this subdivision shall be borne 13 by the local correctional facility. 14 § 2. Section 623 of the correction law is amended by adding a new 15 subdivision 5 to read as follows: 16 5. Upon application by a local correctional facility pursuant to 17 subdivision nineteen of section forty-five of this chapter, the depart- 18 ment may include such local correctional facility under a contract it 19 procures to receive inmate telephone services pursuant to subdivision 20 one of this section provided that such inclusion has no fiscal impact 21 on, or requires continuing administration by, the department. 22 § 3. Section 45 of the correction law is amended by adding a new 23 subdivision 19 to read as follows: 24 19. Promulgate rules and regulations, in consultation with the depart- 25 ment, for inmate telephone services provided in local correctional 26 facilities and to assure that such telephone services contracts are 27 subject to the procurement provisions as set forth in article five-A of 28 the general municipal law and that when determining the best value of 29 such telephone service, the lowest possible cost to the telephone user 30 shall be emphasized. Such rules and regulations shall also provide for 31 application by a local correctional facility to participate in the 32 following inmate telephone services contract that shall be secured by 33 the department for state correctional facilities provided that the cost 34 and administration of the services applied for shall be borne by the 35 local correctional facility. 36 § 4. This act shall take effect April 1, 2022 and shall apply to 37 contracts for inmate telephone services issued, renewed, modified, 38 altered or amended on or after such effective date and any new or 39 renewal contract for inmate telephone services entered into prior to 40 April 1, 2021 shall not run past March 31, 2022.