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Assembly Bill A10829B

2017-2018 Legislative Session

Relates to allowing telephone calls prior to an inmate's transfer

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2017-A10829 - Details

See Senate Version of this Bill:
S8966
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6867, S3100
2021-2022: A8190, S402
2023-2024: A6490, S4071
2025-2026: A3780, S1050

2017-A10829 - Summary

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

2017-A10829 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10829
 
                           I N  A S S E M B L Y
 
                               May 22, 2018
                                ___________
 
 Introduced by M. of A. MOSLEY -- 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, AN INMATE SHALL BE
 ALLOWED TO MAKE AT LEAST ONE PERSONAL PHONE CALL,  EXCEPT  UNDER  EXCEP-
 TIONAL  CIRCUMSTANCES WHEN TO DO SO WOULD CREATE AN UNACCEPTABLE RISK TO
 THE SAFETY AND SECURITY OF INMATES OR STAFF.  ADDITIONALLY, WITHIN twen-
 ty-four hours of arriving at the facility to which an inmate  is  trans-
 ferred,  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 facility 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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16015-01-8

2017-A10829A - Details

See Senate Version of this Bill:
S8966
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6867, S3100
2021-2022: A8190, S402
2023-2024: A6490, S4071
2025-2026: A3780, S1050

2017-A10829A - Summary

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

2017-A10829A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10829--A
 
                           I N  A S S E M B L Y
 
                               May 22, 2018
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Correction -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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.   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16015-02-8

2017-A10829B (ACTIVE) - Details

See Senate Version of this Bill:
S8966
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6867, S3100
2021-2022: A8190, S402
2023-2024: A6490, S4071
2025-2026: A3780, S1050

2017-A10829B (ACTIVE) - Summary

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

2017-A10829B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10829--B
                                                             R. R. 71
 
                           I N  A S S E M B L Y
 
                               May 22, 2018
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Correction -- committee discharged, bill amended, ordered reprinted
   as  amended and recommitted to said committee -- reported and referred
   to the Committee on Rules -- ordered to a third reading -- amended  on
   the  special  order  of  third  reading, ordered reprinted as amended,
   retaining its place on the special order of third reading
 
 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.

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