NY State Senate Bill 2019-S5456A

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2020	print number 5456a
Jan 13, 2020	amend and recommit to crime victims, crime and correction
Jan 08, 2020	referred to crime victims, crime and correction
May 07, 2019	referred to finance
May 01, 2019	referred to crime victims, crime and correction

Votes

- May 7, 2019 - Crime Victims, Crime And Correction Committee Vote
  S5456A
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 7, 2019
      
      aye (5)
      
      Bailey
      
      Montgomery
      
      Myrie
      
      Rivera
      
      Sepúlveda
      
      nay (2)
      
      Akshar
      
      Gallivan

Bill Amendments

Original

A (Active)

2019-S5456 - Details

See Assembly Version of this Bill:: A6257
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:: 2017-2018: S5368, A6666
2021-2022: S4518, A2446
2023-2024: A4531

2019-S5456 - Summary

Relates to inmate telephone services at local correctional facilities.

2019-S5456 - Sponsor Memo

                                
 
BILL NUMBER: S5456

SPONSOR: MONTGOMERY
 
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 combina-
tion 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 correc-
tional 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 tele-
phone 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:
Immediately.

2019-S5456 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5456
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 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
 INMATE PHONE CALL SYSTEM ESTABLISHED BY THIS SECTION PROVIDES REASONABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07646-01-9

 S. 5456                             2
 
 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, 2020 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, 2019 shall not run past March 31, 2020.

2019-S5456A (ACTIVE) - Details

See Assembly Version of this Bill:: A6257
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:: 2017-2018: S5368, A6666
2021-2022: S4518, A2446
2023-2024: A4531

2019-S5456A (ACTIVE) - Summary

Relates to inmate telephone services at local correctional facilities.

2019-S5456A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5456A

SPONSOR: MONTGOMERY
 
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 combina-
tion 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 correc-
tional 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 tele-
phone 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:
April 1, 2021

2019-S5456A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5456--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Crime Victims,  Crime
   and Correction -- recommitted to the Committee on Crime Victims, Crime
   and  Correction  in accordance with Senate Rule 6, sec. 8 -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07646-02-0

 S. 5456--A                          2
 
   3. THE COMMISSION, IN CONSULTATION WITH LOCAL CORRECTIONAL FACILITIES,
 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 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,  2021  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, 2020 shall not run past March 31, 2021.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5456A

Sponsored By

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

May 7, 2019 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 7, 2019

Bill Amendments

2019-S5456 - Details

2019-S5456 - Summary

2019-S5456 - Sponsor Memo

2019-S5456 - Bill Text download pdf

2019-S5456A (ACTIVE) - Details

2019-S5456A (ACTIVE) - Summary

2019-S5456A (ACTIVE) - Sponsor Memo

2019-S5456A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5456A

Share this bill

Sponsored By

Velmanette Montgomery

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

Bill Amendments

2019-S5456 - Details

2019-S5456 - Summary

2019-S5456 - Sponsor Memo

2019-S5456 - Bill Text download pdf

2019-S5456A (ACTIVE) - Details

2019-S5456A (ACTIVE) - Summary

2019-S5456A (ACTIVE) - Sponsor Memo

2019-S5456A (ACTIVE) - Bill Text download pdf

Comments