The New York State Senate

 
                     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.