Assembly Bill A3402

                            
 
                     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.