S T A T E O F N E W Y O R K
________________________________________________________________________
3402
2021-2022 Regular Sessions
I N A S S E M B L Y
January 26, 2021
___________
Introduced by M. of A. EPSTEIN, QUART, SIMON -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to providing voice
communication service to incarcerated people in state correctional
facilities 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 IN THE STATE CORRECTIONAL FACILITIES.
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] AGENCIES CHARGED WITH THE OPERA-
TION AND MANAGEMENT OF STATE CORRECTIONAL FACILITIES AND JUVENILE
DETENTION FACILITIES SHALL PROVIDE PERSONS IN THEIR CUSTODY AND CONFINED
IN A CORRECTIONAL OR DETENTION FACILITY WITH VOICE COMMUNICATION SERVICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02029-02-1
A. 3402 2
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 AGENCY SHALL RECEIVE REVENUE FROM THE PROVISION OF
VOICE COMMUNICATION SERVICES OR ANY OTHER COMMUNICATION SERVICES TO ANY
PERSON CONFINED IN A STATE 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 CORREC-
TIONAL 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, 2022 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, 2022 shall not run past March
31, 2022.