The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7658
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to  providing  telephone
   service to inmates at no cost
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2 and 3 of section 623  of  the  correction
 law, as added by chapter 240 of the laws of 2007, are amended to read as
 follows:
   1.  Telephone  services  contracts  for  inmates 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 service, the lowest possi-
 ble cost to the telephone user shall be emphasized].
   2. 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. Under such
 "collect call" system, the provider of inmate telephone service,  as  an
 additional  means  of payment, must 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] PROVIDE TELEPHONE SERVICES TO
 INDIVIDUALS WITHIN THE CUSTODY OF THE DEPARTMENT IN CORRECTIONAL FACILI-
 TIES AT NO COST TO THE INDIVIDUALS OR THE RECEIVING PARTIES FOR DOMESTIC
 TELEPHONE CALLS.
   3. The department shall not accept or receive revenue  [in  excess  of
 its  reasonable  operating cost] for establishing and administering such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11453-01-9

 A. 7658                             2
 
 telephone system services as provided in subdivisions  one  and  two  of
 this section.
   §  2.  This act shall take effect April 1, 2020 and shall apply to any
 new or renewal contract for inmate telephone services entered into on or
 after such date and provided further that any new  or  renewal  contract
 for  inmate telephone services entered into prior to April 1, 2020 shall
 not run past March 31, 2020.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, MOSLEY, QUART, SIMON -- read once and
   referred to the Committee on Correction -- recommitted to the  Commit-
   tee  on  Correction  in  accordance  with  Assembly  Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  correction  law, in relation to providing voice
   communication service to incarcerated people at no cost
 
   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 telephone] VOICE COMMUNICATION services FOR INCARCERAT-
 ED PEOPLE.
   1. [Telephone] VOICE COMMUNICATION services  contracts  for  [inmates]
 INCARCERATED PEOPLE 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  service, the lowest possible cost to the telephone user
 shall be emphasized].
   2. [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. Under such
 "collect call" system, the provider of inmate telephone service,  as  an
 additional  means  of payment, must 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] STATE AND LOCAL AGENCIES CHARGED
 WITH THE OPERATION AND MANAGEMENT OF STATE AND LOCAL CORRECTIONAL FACIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11453-06-0

 A. 7658--A                          2
 
 ITIES AND JUVENILE DETENTION FACILITIES SHALL PROVIDE PERSONS  IN  THEIR
 CUSTODY  AND CONFINED IN A CORRECTIONAL OR DETENTION FACILITY WITH VOICE
 COMMUNICATION SERVICE AT A MINIMUM OF NINETY MINUTES PER DAY AND  ENSURE
 SUFFICIENT  INFRASTRUCTURE  TO  MEET THIS BASELINE. THE COMMISSIONER MAY
 SUPPLEMENT VOICE COMMUNICATION SERVICE WITH OTHER ADVANCED COMMUNICATION
 SERVICES, INCLUDING, BUT NOT LIMITED TO, VIDEO COMMUNICATION  AND  ELEC-
 TRONIC MAIL SERVICES.  TO THE EXTENT THAT THE COMMISSIONER PROVIDES SUCH
 VOICE COMMUNICATION SERVICE OR ANY OTHER ADVANCED COMMUNICATION SERVICE,
 EACH  SUCH SERVICE SHALL BE PROVIDED FREE OF CHARGE TO THE PERSON INITI-
 ATING AND THE PERSON RECEIVING THE COMMUNICATION.
   3. [The department shall not accept or receive revenue  in  excess  of
 its  reasonable  operating  cost for establishing and administering such
 telephone system services as provided in subdivisions  one  and  two  of
 this  section]  NO  STATE OR LOCAL AGENCY SHALL RECEIVE REVENUE FROM THE
 PROVISION OF VOICE COMMUNICATION SERVICES  OR  ANY  OTHER  COMMUNICATION
 SERVICES  TO  ANY  PERSON  CONFINED  IN A STATE OR LOCAL CORRECTIONAL OR
 DETENTION FACILITY.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT,  REPLACE  OR
 PREVENT  IN-PERSON  VISITATION  BETWEEN  PERSONS  CONFINED IN A STATE OR
 LOCAL CORRECTIONAL OR DETENTION FACILITY AND RELATIVES, FRIENDS  OR  ANY
 OTHER PERSONS APPROVED TO VISIT SUCH PERSON.
   5.  The  department  shall  establish rules and regulations or depart-
 mental procedures to ensure that any [inmate phone  call  system]  VOICE
 COMMUNICATION  SERVICES  FOR  INCARCERATED  PEOPLE  established  by this
 section provides reasonable security measures to preserve the safety and
 security of each  correctional  facility,  all  staff  and  all  persons
 outside  a  facility who may receive [inmate phone calls] COMMUNICATIONS
 FOR INCARCERATED PEOPLE.
   § 2. This act shall take effect April 1, 2020 and shall apply  to  any
 new or renewal contract for voice communications for incarcerated people
 or  other  advanced communication services entered into on or after such
 date and provided further that any new or  renewal  contract  for  voice
 communications  for  incarcerated people or other advanced communication
 services entered into prior to April 1, 2020 shall not  run  past  March
 31, 2020.