S T A T E O F N E W Y O R K
________________________________________________________________________
4695
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
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 voice
communication services to incarcerated people in local 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. The correction law is amended by adding a new section 623-a
to read as follows:
§ 623-A. VOICE COMMUNICATION SERVICES FOR INCARCERATED PEOPLE IN LOCAL
CORRECTIONAL FACILITIES. 1. AGENCIES CHARGED WITH THE OPERATION AND
MANAGEMENT OF 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 INFRASTRUCTURE
TO MEET THIS BASELINE. THE COMMISSIONER MAY SUPPLEMENT VOICE COMMUNI-
CATION 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.
2. NO AGENCY SHALL RECEIVE REVENUE FROM THE PROVISION OF VOICE COMMU-
NICATION SERVICES OR ANY OTHER COMMUNICATION SERVICES TO ANY PERSON
CONFINED IN A LOCAL CORRECTIONAL OR DETENTION FACILITY.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, REPLACE OR
PREVENT IN-PERSON VISITATION BETWEEN PERSONS CONFINED IN A LOCAL CORREC-
TIONAL OR DETENTION FACILITY AND RELATIVES, FRIENDS OR ANY OTHER PERSONS
APPROVED TO VISIT SUCH PERSON.
4. THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS OR DEPART-
MENTAL PROCEDURES TO ENSURE THAT ANY VOICE COMMUNICATION SERVICES FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07467-01-1
A. 4695 2
INCARCERATED PEOPLE 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 COMMUNICATIONS FROM 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.