Assembly Bill A8190A

2021-2022 Legislative Session

Relates to allowing telephone calls prior to an incarcerated individual's transfer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S402 - Passed Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A8190 - Details

See Senate Version of this Bill:
S402
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10829, S8966
2019-2020: A6867, S3100
2023-2024: A6490, S4071

2021-A8190 - Summary

Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.

2021-A8190 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8190
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT to amend the correction law, in relation to allowing a telephone
   call prior to an inmate's transfer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  23 of the correction law, as
 amended by chapter 254 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The commissioner shall have the power to transfer inmates from one
 correctional facility to another. Whenever the transfer of inmates  from
 one correctional facility to another shall be ordered by the commission-
 er, the superintendent of the facility from which the inmates are trans-
 ferred  shall  take  immediate  steps to make the transfer. The transfer
 shall be in accordance with rules and  regulations  promulgated  by  the
 department  for  the  safe  delivery  of  such inmates to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL  ELECTRONICALLY NOTIFY THE INMATE'S NEXT OF KIN OR PERSONAL REPRE-
 SENTATIVE OF THE TRANSFER AND THE INMATE SHALL BE  ALLOWED  TO  MAKE  AT
 LEAST  ONE  PERSONAL  PHONE CALL, EXCEPT UNDER EXCEPTIONAL CIRCUMSTANCES
 WHEN TO DO SO WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECU-
 RITY  OF  INMATES OR STAFF.   WHEN A CALL IS NOT PERMITTED DUE TO EXCEP-
 TIONAL CIRCUMSTANCES, THE DEPARTMENT SHALL SO INDICATE IN A  CONTEMPORA-
 NEOUS  WRITTEN  DOCUMENT.    ADDITIONALLY,  WITHIN  twenty-four hours of
 arriving at the facility to which an inmate is transferred,  he  or  she
 shall  be  allowed to make at least one personal phone call, except when
 to do so would create an unacceptable risk to the safety and security of
 inmates or staff. If security precautions prevent the inmate from making
 such call, a staff member designated by the superintendent of the facil-
 ity shall make a call to a person of  the  inmate's  choice  unless  the
 inmate declines to have such a call made.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

2021-A8190A (ACTIVE) - Details

See Senate Version of this Bill:
S402
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10829, S8966
2019-2020: A6867, S3100
2023-2024: A6490, S4071

2021-A8190A (ACTIVE) - Summary

Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.

2021-A8190A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8190--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  Subdivision  1  of  section  23 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   1.  The  commissioner  shall  have  the power to transfer incarcerated
 individuals from one correctional  facility  to  another.  Whenever  the
 transfer  of  incarcerated individuals from one correctional facility to
 another shall be ordered by the commissioner, the superintendent of  the
 facility  from  which the incarcerated individuals are transferred shall
 take immediate steps to make the transfer.  The  transfer  shall  be  in
 accordance  with rules and regulations promulgated by the department for
 the safe delivery of such incarcerated  individuals  to  the  designated
 facility.  [Within]  IMMEDIATELY  PRIOR  TO THE TRANSFER, THE DEPARTMENT
 SHALL ELECTRONICALLY NOTIFY THE INCARCERATED INDIVIDUAL'S NEXT OF KIN OR
 PERSONAL REPRESENTATIVE OF THE TRANSFER AND THE INCARCERATED  INDIVIDUAL
 SHALL  BE  ALLOWED  TO  MAKE  AT  LEAST ONE PERSONAL PHONE CALL, FREE OF
 CHARGE, EXCEPT UNDER EXCEPTIONAL  CIRCUMSTANCES  WHEN  TO  DO  SO  WOULD
 CREATE  AN  UNACCEPTABLE RISK TO THE SAFETY AND SECURITY OF INCARCERATED
 INDIVIDUALS OR STAFF. WHEN A CALL IS NOT PERMITTED  DUE  TO  EXCEPTIONAL
 CIRCUMSTANCES,  THE  DEPARTMENT  SHALL  SO INDICATE IN A CONTEMPORANEOUS
 WRITTEN DOCUMENT. ADDITIONALLY, WITHIN twenty-four hours of arriving  at
 the  facility  to which an incarcerated individual is transferred, he or
 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

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