S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5893--A
                                                         Cal. No. 195
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on  Correction  --  ordered  to  a  third reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the correction law, in relation to providing  electronic
   mail services to an incarcerated individual
 
   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 AND ELECTRONIC MAIL services.
 1.  Telephone  AND  ELECTRONIC  MAIL services contracts for incarcerated
 individuals 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 AND ELECTRONIC MAIL service, the lowest possible cost to
 the telephone AND ELECTRONIC MAIL user shall be emphasized.
   2. A. 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 incar-
 cerated  individual.   Under such "collect call" system, the provider of
 incarcerated individual 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 calls in advance.
   B. THE DEPARTMENT SHALL MAKE AVAILABLE A "PREPAID"  SYSTEM  FOR  ELEC-
 TRONIC  MAIL SERVICE. UNDER THE "PREPAID" SYSTEM, FUNDS MAY BE DEPOSITED
 INTO AN ACCOUNT IN ORDER TO PAY FOR ADDITIONAL ELECTRONIC MAIL  PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05951-02-2
 A. 5893--A                          2
 
 TO  SUBDIVISION  THREE  OF  THIS  SECTION, PROVIDED THAT NOTHING IN THIS
 SUBDIVISION SHALL REQUIRE THE DEPARTMENT  TO  PROVIDE  OR  ADMINISTER  A
 PREPAID SYSTEM.
   3.  THE  DEPARTMENT  SHALL  PROVIDE SECURE ELECTRONIC MAIL SERVICES TO
 INDIVIDUALS IN ITS CUSTODY. AN INCARCERATED INDIVIDUAL MAY  SEND  UP  TO
 TEN  ELECTRONIC  MAIL  LETTERS A DAY AT NO CHARGE. ADDITIONAL ELECTRONIC
 MAIL LETTERS SENT BY SUCH INCARCERATED INDIVIDUAL MAY INCUR A CHARGE  OF
 NO  MORE  THAN TWENTY-FIVE CENTS PER ELECTRONIC MAIL LETTER ON A PREPAID
 ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO  OF  THIS
 SECTION. NO PERSON SHALL BE CHARGED FOR SENDING A SECURE ELECTRONIC MAIL
 LETTER TO AN INCARCERATED INDIVIDUAL.
   4. The department shall not accept or receive revenue in excess of its
 reasonable  operating cost for establishing and administering such tele-
 phone AND ELECTRONIC MAIL system services as  provided  in  subdivisions
 one [and], two AND THREE of this section.
   [4.]  5.  The  department  shall  establish  rules  and regulations or
 departmental procedures to ensure that any incarcerated individual phone
 call AND ELECTRONIC MAIL system 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 incarcerated  individual  phone  calls  OR  ELECTRONIC  MAIL
 LETTERS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.