NY State Senate Bill 2017-S5368A

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to crime victims, crime and correction
May 17, 2017	print number 5368a
May 17, 2017	amend and recommit to crime victims, crime and correction
Mar 23, 2017	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

2017-S5368 - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §623-a, amd §§623 & 45, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5456
2021-2022: S4518

2017-S5368 - Summary

Relates to inmate telephone services at local correctional facilities.

2017-S5368 - Sponsor Memo

                                 BILL NUMBER:  S5368

 TITLE OF BILL :

An act to amend the correction law, in relation to inmate telephone
services at local correctional facilities

 PURPOSE :

Enactment of this bill would provide local correctional facility
inmates and their families and other contacts with the best value on
telephone rates.

 SUMMARY OF PROVISIONS :

Section 1 adds a new section 623 (a) to the correction law.

Section 2 adds a new subdivision 5 to section 623 of the correction
law.

Section 3 adds a new subdivision 18 to section 45 of the correction
law.

Section 4 is the effective date.

 JUSTIFICATION :

This bill amends correction law to provide the lowest cost of local
jail telephone service to those people using such service. When
determining "best value" as stated in state procurement requirements,
the cost to the user shall be emphasized. A local correctional
facility shall provide for either a "prepaid" or "collect call"
system, or a combination of the two, for telephone service. The
facility shall not receive revenue in excess of what it reasonably
costs to provide such telephone services. The state commission of
correction shall establish rules and regulations to ensure an inmate
phone call system protects the security and privacy of correctional
facility staff and receivers of inmate phone calls. A local
correctional facility will still choose its own vendor for inmate
telephone program services.

As an additional option, this bill provides a mechanism by which a
local jail may request to participate in the telephone services
contract procured by the state department of corrections in order to
receive the same rate as the state prison system, currently $0.048 per
minute with no additional first minute rate or other connection fees.
Local correctional facility rates now range from a low of $1.76 for
the first minute to $4.35 for the first minute per call.  Additional
minutes cost from $0.15 per minute to $0.40 per minute.  This bill
will help ensure that local correctional facilities secure and provide
the lowest cost telephone service to those people using such service.

 FISCAL IMPLICATIONS :

This bill has no state fiscal implications.

 LOCAL FISCAL IMPLICATIONS :

This bill may have a fiscal implication on some local correctional
facilities.

 EFFECTIVE DATE :
This bill shall take effect April 1, 2018.

2017-S5368 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5368
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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  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:
 
   Section 1. The correction law is amended by adding a new section 623-a
 to read as follows:
   § 623-A. INMATE TELEPHONE SERVICES AT LOCAL  CORRECTIONAL  FACILITIES.
 1. TELEPHONE SERVICES CONTRACTS FOR INMATES IN LOCAL CORRECTIONAL FACIL-
 ITIES  SHALL  BE  SUBJECT  TO THE PROCUREMENT PROVISIONS AS SET FORTH IN
 ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW PROVIDED, HOWEVER, THAT WHEN
 DETERMINING THE BEST VALUE OF SUCH TELEPHONE SERVICE, THE LOWEST  POSSI-
 BLE COST TO THE TELEPHONE USER SHALL BE EMPHASIZED.
   2.  THE  SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY SHALL MAKE AVAIL-
 ABLE EITHER A PREPAID OR COLLECT CALL SYSTEM, OR A COMBINATION  THEREOF,
 FOR  TELEPHONE SERVICE. UNDER THE PREPAID SYSTEM, FUNDS MAY BE DEPOSITED
 INTO AN ACCOUNT IN ORDER TO PAY FOR STATION-TO-STATION  CALLS,  PROVIDED
 THAT NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE SHERIFF TO PROVIDE OR
 ADMINISTER  A  PREPAID SYSTEM. UNDER A COLLECT CALL SYSTEM, CALL RECIPI-
 ENTS SHALL BE BILLED FOR THE COST OF AN ACCEPTED TELEPHONE  CALL  INITI-
 ATED  BY  AN  INMATE.  UNDER  SUCH  COLLECT CALL SYSTEM, THE PROVIDER OF
 INMATE TELEPHONE SERVICE, AS  AN  ADDITIONAL  MEANS  OF  PAYMENT,  SHALL
 PERMIT  THE  RECIPIENT OF INMATE CALLS TO ESTABLISH AN ACCOUNT WITH SUCH
 PROVIDER IN ORDER TO DEPOSIT FUNDS TO PAY  FOR  SUCH  COLLECT  CALLS  IN
 ADVANCE.
   3.  A  LOCAL CORRECTIONAL FACILITY SHALL NOT ACCEPT OR RECEIVE REVENUE
 IN EXCESS OF ITS REASONABLE OPERATING COST FOR ESTABLISHING AND ADMINIS-
 TERING SUCH TELEPHONE SYSTEM SERVICES AS PROVIDED  IN  SUBDIVISIONS  ONE
 AND TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10500-01-7

 S. 5368                             2
 
   4.  THE COMMISSION SHALL ESTABLISH RULES AND REGULATIONS OR PROCEDURES
 TO ENSURE THAT ANY INMATE PHONE CALL SYSTEM ESTABLISHED BY THIS  SECTION
 PROVIDES REASONABLE SECURITY MEASURES TO PRESERVE THE SAFETY AND SECURI-
 TY  OF  EACH  CORRECTIONAL FACILITY, ALL STAFF AND ALL PERSONS OUTSIDE A
 FACILITY WHO MAY RECEIVE INMATE PHONE CALLS.
   5. PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY THE DEPARTMENT AND
 THE COMMISSION, A LOCAL CORRECTIONAL FACILITY MAY REQUEST TO PARTICIPATE
 IN  A CONTRACT PROCURED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF
 SECTION SIX HUNDRED TWENTY-THREE OF THIS ARTICLE. A COPY OF SUCH REQUEST
 SHALL BE PROVIDED TO THE COMMISSION.   THE COST  AND  ADMINISTRATION  OF
 TELEPHONE  SERVICES  SECURED PURSUANT TO THIS SUBDIVISION SHALL BE BORNE
 BY THE LOCAL CORRECTIONAL FACILITY.
   § 2. Section 623 of the correction law is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  UPON  APPLICATION  BY  A  LOCAL  CORRECTIONAL FACILITY PURSUANT TO
 SUBDIVISION EIGHTEEN OF SECTION FORTY-FIVE OF THIS CHAPTER, THE  DEPART-
 MENT  MAY  INCLUDE  SUCH LOCAL CORRECTIONAL FACILITY UNDER A CONTRACT IT
 PROCURES TO RECEIVE INMATE TELEPHONE SERVICES  PURSUANT  TO  SUBDIVISION
 ONE  OF  THIS  SECTION PROVIDED THAT SUCH INCLUSION HAS NO FISCAL IMPACT
 ON, OR REQUIRES CONTINUING ADMINISTRATION BY, THE DEPARTMENT.
   § 3. Section 45 of the correction law  is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE DEPART-
 MENT,  FOR  INMATE  TELEPHONE  SERVICES  PROVIDED  IN LOCAL CORRECTIONAL
 FACILITIES AND TO ASSURE THAT  SUCH  TELEPHONE  SERVICES  CONTRACTS  ARE
 SUBJECT  TO THE PROCUREMENT PROVISIONS AS SET FORTH IN ARTICLE FIVE-A OF
 THE GENERAL MUNICIPAL LAW AND THAT WHEN DETERMINING THE  BEST  VALUE  OF
 SUCH  TELEPHONE  SERVICE, THE LOWEST POSSIBLE COST TO THE TELEPHONE USER
 SHALL BE EMPHASIZED. SUCH RULES AND REGULATIONS SHALL ALSO  PROVIDE  FOR
 APPLICATION  BY  A  LOCAL  CORRECTIONAL  FACILITY  TO PARTICIPATE IN THE
 FOLLOWING INMATE TELEPHONE SERVICES CONTRACT THAT SHALL  BE  SECURED  BY
 THE  DEPARTMENT FOR STATE CORRECTIONAL FACILITIES PROVIDED THAT THE COST
 AND ADMINISTRATION OF THE SERVICES APPLIED FOR SHALL  BE  BORNE  BY  THE
 LOCAL CORRECTIONAL FACILITY.
   §  4.  This  act  shall  take  effect April 1, 2018 and shall apply to
 contracts for  inmate  telephone  services  issued,  renewed,  modified,
 altered  or  amended  on  or  after  such  effective date and any new or
 renewal contract for inmate telephone services  entered  into  prior  to
 April 1, 2017 shall not run past March 31, 2018.

2017-S5368A (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §623-a, amd §§623 & 45, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5456
2021-2022: S4518

2017-S5368A (ACTIVE) - Summary

Relates to inmate telephone services at local correctional facilities.

2017-S5368A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5368A

 TITLE OF BILL :

An act to amend the correction law, in relation to inmate telephone
services at local correctional facilities

 PURPOSE :

Enactment of this bill would provide local correctional facility
inmates and their families and other contacts with the best value on
telephone rates.

 SUMMARY OF PROVISIONS :

Section 1 adds a new section 623 (a) to the correction law.

Section 2 adds a new subdivision 5 to section 623 of the correction
law.

Section 3 adds a new subdivision 18 to section 45 of the correction
law.

Section 4 is the effective date.

 JUSTIFICATION :

This bill amends correction law to provide the lowest cost of local
jail telephone service to those people using such service. When
determining "best value" as stated in state procurement requirements,
the cost to the user shall be emphasized. A local correctional
facility shall provide for either a "prepaid" or "collect call"
system, or a combination of the two, for telephone service. The
facility shall not receive revenue in excess of what it reasonably
costs to provide such telephone services. The state commission of
correction shall establish rules and regulations to ensure an inmate
phone call system protects the security and privacy of correctional
facility staff and receivers of inmate phone calls. A local
correctional facility will still choose its own vendor for inmate
telephone program services.

As an additional option, this bill provides a mechanism by which a
local jail may request to participate in the telephone services
contract procured by the state department of corrections in order to
receive the same rate as the state prison system, currently $0.048 per
minute with no additional first minute rate or other connection fees.
Local correctional facility rates now range from a low of $1.76 for
the first minute to $4.35 for the first minute per call.  Additional
minutes cost from $0.15 per minute to $0.40 per minute.  This bill
will help ensure that local correctional facilities secure and provide
the lowest cost telephone service to those people using such service.

 FISCAL IMPLICATIONS :

This bill has no state fiscal implications.

 LOCAL FISCAL IMPLICATIONS :

This bill may have a fiscal implication on some local correctional
facilities.

 EFFECTIVE DATE :
This bill shall take effect April 1, 2018.

2017-S5368A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5368--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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:
 
   Section 1. The correction law is amended by adding a new section 623-a
 to read as follows:
   § 623-A. INMATE TELEPHONE SERVICES AT LOCAL  CORRECTIONAL  FACILITIES.
 1. TELEPHONE SERVICES CONTRACTS FOR INMATES IN LOCAL CORRECTIONAL FACIL-
 ITIES  SHALL  BE  SUBJECT  TO THE PROCUREMENT PROVISIONS AS SET FORTH IN
 ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW PROVIDED, HOWEVER, THAT WHEN
 DETERMINING THE BEST VALUE OF SUCH TELEPHONE SERVICE, THE LOWEST  QUALI-
 FIED  BIDDER  IN  ACCORDANCE  WITH  THE SAFETY REQUIREMENTS OF THE LOCAL
 CORRECTIONAL FACILITY SHALL BE EMPHASIZED.
   2. THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY SHALL  MAKE  AVAIL-
 ABLE  EITHER A PREPAID OR COLLECT CALL SYSTEM, OR A COMBINATION THEREOF,
 FOR TELEPHONE SERVICE. UNDER THE PREPAID SYSTEM, FUNDS MAY BE  DEPOSITED
 INTO  AN  ACCOUNT IN ORDER TO PAY FOR STATION-TO-STATION CALLS, PROVIDED
 THAT NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE SHERIFF TO PROVIDE OR
 ADMINISTER A PREPAID SYSTEM. UNDER A COLLECT CALL SYSTEM,  CALL  RECIPI-
 ENTS  SHALL  BE BILLED FOR THE COST OF AN ACCEPTED TELEPHONE CALL INITI-
 ATED BY AN INMATE. UNDER SUCH  COLLECT  CALL  SYSTEM,  THE  PROVIDER  OF
 INMATE  TELEPHONE  SERVICE,  AS  AN  ADDITIONAL  MEANS OF PAYMENT, SHALL
 PERMIT THE RECIPIENT OF INMATE CALLS TO ESTABLISH AN ACCOUNT  WITH  SUCH
 PROVIDER  IN  ORDER  TO  DEPOSIT  FUNDS TO PAY FOR SUCH COLLECT CALLS IN
 ADVANCE.
   3. THE COMMISSION, IN CONSULTATION WITH LOCAL CORRECTIONAL FACILITIES,
 SHALL ESTABLISH RULES AND REGULATIONS OR PROCEDURES TO ENSURE  THAT  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10500-03-7

 S. 5368--A                          2
 
 INMATE PHONE CALL SYSTEM ESTABLISHED BY THIS SECTION PROVIDES REASONABLE
 SECURITY  MEASURES  TO  PRESERVE THE SAFETY AND SECURITY OF EACH CORREC-
 TIONAL FACILITY, ALL STAFF AND ALL PERSONS OUTSIDE A  FACILITY  WHO  MAY
 RECEIVE INMATE PHONE CALLS.
   4. PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY THE DEPARTMENT AND
 THE COMMISSION, A LOCAL CORRECTIONAL FACILITY MAY REQUEST TO PARTICIPATE
 IN  A CONTRACT PROCURED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF
 SECTION SIX HUNDRED TWENTY-THREE OF THIS ARTICLE. A COPY OF SUCH REQUEST
 SHALL BE PROVIDED TO THE COMMISSION.   THE COST  AND  ADMINISTRATION  OF
 TELEPHONE  SERVICES  SECURED PURSUANT TO THIS SUBDIVISION SHALL BE BORNE
 BY THE LOCAL CORRECTIONAL FACILITY.
   § 2. Section 623 of the correction law is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  UPON  APPLICATION  BY  A  LOCAL  CORRECTIONAL FACILITY PURSUANT TO
 SUBDIVISION EIGHTEEN OF SECTION FORTY-FIVE OF THIS CHAPTER, THE  DEPART-
 MENT  MAY  INCLUDE  SUCH LOCAL CORRECTIONAL FACILITY UNDER A CONTRACT IT
 PROCURES TO RECEIVE INMATE TELEPHONE SERVICES  PURSUANT  TO  SUBDIVISION
 ONE  OF  THIS  SECTION PROVIDED THAT SUCH INCLUSION HAS NO FISCAL IMPACT
 ON, OR REQUIRES CONTINUING ADMINISTRATION BY, THE DEPARTMENT.
   § 3. Section 45 of the correction law  is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE DEPART-
 MENT,  FOR  INMATE  TELEPHONE  SERVICES  PROVIDED  IN LOCAL CORRECTIONAL
 FACILITIES AND TO ASSURE THAT  SUCH  TELEPHONE  SERVICES  CONTRACTS  ARE
 SUBJECT  TO THE PROCUREMENT PROVISIONS AS SET FORTH IN ARTICLE FIVE-A OF
 THE GENERAL MUNICIPAL LAW AND THAT WHEN DETERMINING THE  BEST  VALUE  OF
 SUCH  TELEPHONE  SERVICE, THE LOWEST POSSIBLE COST TO THE TELEPHONE USER
 SHALL BE EMPHASIZED. SUCH RULES AND REGULATIONS SHALL ALSO  PROVIDE  FOR
 APPLICATION  BY  A  LOCAL  CORRECTIONAL  FACILITY  TO PARTICIPATE IN THE
 FOLLOWING INMATE TELEPHONE SERVICES CONTRACT THAT SHALL  BE  SECURED  BY
 THE  DEPARTMENT FOR STATE CORRECTIONAL FACILITIES PROVIDED THAT THE COST
 AND ADMINISTRATION OF THE SERVICES APPLIED FOR SHALL  BE  BORNE  BY  THE
 LOCAL CORRECTIONAL FACILITY.
   §  4.  This  act  shall  take  effect April 1, 2018 and shall apply to
 contracts for  inmate  telephone  services  issued,  renewed,  modified,
 altered  or  amended  on  or  after  such  effective date and any new or
 renewal contract for inmate telephone services  entered  into  prior  to
 April 1, 2017 shall not run past March 31, 2018.

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Senate Bill S5368A

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

2017-S5368 - Details

2017-S5368 - Summary

2017-S5368 - Sponsor Memo

2017-S5368 - Bill Text download pdf

2017-S5368A (ACTIVE) - Details

2017-S5368A (ACTIVE) - Summary

2017-S5368A (ACTIVE) - Sponsor Memo

2017-S5368A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5368A

Share this bill

Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

2017-S5368 - Details

2017-S5368 - Summary

2017-S5368 - Sponsor Memo

2017-S5368 - Bill Text download pdf

2017-S5368A (ACTIVE) - Details

2017-S5368A (ACTIVE) - Summary

2017-S5368A (ACTIVE) - Sponsor Memo

2017-S5368A (ACTIVE) - Bill Text download pdf

Comments