Senate Bill S5368A

                            
 
                     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.