Assembly Bill A10179

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10179
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 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 providing electronic
   mail services to an incarcerated individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 623 of the correction law, as added by chapter 240
 of the laws of 2007, is amended to read as follows:
   § 623. [Inmate] INCARCERATED INDIVIDUAL telephone AND ELECTRONIC  MAIL
 services.  1.  Telephone  AND  ELECTRONIC  MAIL  services  contracts for
 [inmates] INCARCERATED  INDIVIDUALS  in  state  correctional  facilities
 shall  be  subject to the procurement provisions as set forth in article
 eleven of the state finance law provided, however, that when determining
 the best value of such telephone AND ELECTRONIC MAIL service, the lowest
 possible cost to the telephone AND ELECTRONIC MAIL user shall be  empha-
 sized.
   2.  A.  The  department  shall  make  available  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 department  to  provide  or  administer  a
 prepaid  system.    Under  a  "collect call" system, call recipients are
 billed for the cost of  an  accepted  telephone  call  initiated  by  an
 [inmate]  INCARCERATED INDIVIDUAL. Under such "collect call" system, the
 provider of [inmate] INCARCERATED INDIVIDUAL telephone  service,  as  an
 additional  means  of  payment,  must  permit  the recipient of [inmate]
 INCARCERATED INDIVIDUAL calls to establish an account with such provider
 in order to deposit funds to pay for such collect calls in advance.
   B. THE DEPARTMENT SHALL MAKE AVAILABLE A "PREPAID"  SYSTEM  FOR  ELEC-
 TRONIC  MAIL SERVICE. UNDER THE "PREPAID" SYSTEM, FUNDS MAY BE DEPOSITED
 INTO AN ACCOUNT IN ORDER TO PAY FOR ADDITIONAL ELECTRONIC MAIL  PURSUANT
 TO  SUBDIVISION  THREE  OF  THIS  SECTION, PROVIDED THAT NOTHING IN THIS
 SUBDIVISION SHALL REQUIRE THE DEPARTMENT  TO  PROVIDE  OR  ADMINISTER  A
 PREPAID SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15153-02-0

 A. 10179                            2
 
   3.  THE  DEPARTMENT  SHALL  PROVIDE SECURE ELECTRONIC MAIL SERVICES TO
 INDIVIDUALS IN ITS CUSTODY. AN INCARCERATED INDIVIDUAL MAY  SEND  UP  TO
 TEN  ELECTRONIC  MAIL  LETTERS A DAY AT NO CHARGE. ADDITIONAL ELECTRONIC
 MAIL LETTERS SENT BY SUCH INCARCERATED INDIVIDUAL MAY INCUR A CHARGE  OF
 NO  MORE  THAN TWENTY-FIVE CENTS PER ELECTRONIC MAIL LETTER ON A PREPAID
 ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO  OF  THIS
 SECTION.    NO  PERSON  SHALL BE CHARGED FOR SENDING A SECURE ELECTRONIC
 MAIL LETTER TO AN INCARCERATED INDIVIDUAL.
   4. The department shall not accept or receive revenue in excess of its
 reasonable operating cost for establishing and administering such  tele-
 phone  AND  ELECTRONIC  MAIL system services as provided in subdivisions
 one, TWO and [two] THREE of this section.
   [4.] 5. The  department  shall  establish  rules  and  regulations  or
 departmental  procedures  to ensure that any [inmate] INCARCERATED INDI-
 VIDUAL phone call AND ELECTRONIC MAIL 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] INCARCERATED INDIVIDUAL phone calls OR
 ELECTRONIC MAIL LETTERS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.