S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4682
 
                        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  a  certain
   ratio  of telephones to incarcerated people in state and local correc-
   tional facilities
 
   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] TELEPHONE services FOR INCARCERATED  PEOPLE.
 1.  Telephone  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  tele-
 phone  service,  the lowest possible cost to the telephone 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
 [inmate] INCARCERATED PERSON. Under  such  "collect  call"  system,  the
 provider  of  [inmate]  telephone service FOR INCARCERATED PEOPLE, as an
 additional means of payment, must permit the recipient of [inmate] calls
 FROM AN INCARCERATED PERSON to establish an account with  such  provider
 in order to deposit funds to pay for such collect calls in advance.
   (B) STATE AND LOCAL AGENCIES CHARGED WITH THE OPERATION AND MANAGEMENT
 OF  STATE  AND  LOCAL CORRECTIONAL FACILITIES SHALL PROVIDE AT LEAST ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07511-01-1
              

 A. 4682                             2
 
 TELEPHONE PER EVERY TEN INCARCERATED PEOPLE IN EACH HOUSING UNIT IN SUCH
 STATE AND LOCAL CORRECTIONAL FACILITIES.
   3. The department shall not accept or receive revenue in excess of its
 reasonable  operating cost for establishing and administering such tele-
 phone system services as provided in subdivisions one and  two  of  this
 section.
   4.  The  department  shall  establish rules and regulations or depart-
 mental procedures to ensure that any  [inmate]  phone  call  system  FOR
 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 [inmate] phone calls FROM INCARCERATED PEOPLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.