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.