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Assembly Bill A6867

2019-2020 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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2019-A6867 (ACTIVE) - Details

See Senate Version of this Bill:
S3100
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10829, S8966
2021-2022: A8190, S402
2023-2024: A6490, S4071
2025-2026: A3780, S1050

2019-A6867 (ACTIVE) - Summary

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

2019-A6867 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6867
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2019
                                ___________
 
 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,  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.

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