S T A T E O F N E W Y O R K
________________________________________________________________________
3096--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. EPSTEIN, QUART, SIMON, SEAWRIGHT, KELLES, GONZA-
LEZ-ROJAS, GOTTFRIED, FORREST, JACKSON, DAVILA, GIBBS -- read once and
referred to the Committee on Correction -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee 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 services to incarcerated individuals 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 amended by chapter
322 of the laws of 2021, is amended to read as follows:
§ 623. [Incarcerated individual telephone] VOICE COMMUNICATION
services FOR INCARCERATED INDIVIDUALS. 1. [Telephone] VOICE COMMUNI-
CATION services contracts for incarcerated individuals in state correc-
tional 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 incarcerated individual.
Under such "collect call" system, the provider of incarcerated individ-
ual telephone service, as an additional means of payment, must permit
the recipient of incarcerated individual calls to establish an account
with such provider in order to deposit funds to pay for such collect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02029-08-2
A. 3096--B 2
calls in advance] STATE AND LOCAL AGENCIES CHARGED WITH THE OPERATION
AND MANAGEMENT OF STATE AND LOCAL CORRECTIONAL FACILITIES 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 INFRASTRUC-
TURE TO MEET THIS BASELINE. THE COMMISSIONER MAY SUPPLEMENT VOICE COMMU-
NICATION SERVICE WITH OTHER ADVANCED COMMUNICATION SERVICES, INCLUDING,
BUT NOT LIMITED TO, VIDEO COMMUNICATION AND ELECTRONIC 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 INITIATING 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 [incarcerated individual phone call
system] VOICE COMMUNICATION SERVICES FOR INCARCERATED INDIVIDUALS estab-
lished 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 incarcerated individual
[phone calls] VOICE COMMUNICATION SERVICES FOR INCARCERATED INDIVIDUALS.
§ 2. This act shall take effect April 1, 2023 and shall apply to any
new or renewal contract for voice communication services for incarcerat-
ed individuals or other advanced communication services entered into on
or after such date and provided further that any new or renewal contract
for voice communication services for incarcerated individuals or other
advanced communication services entered into prior to April 1, 2023
shall not run past March 31, 2023.