senate Bill S402

2021-2022 Legislative Session

Relates to allowing telephone calls prior to an inmate's transfer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2021 print number 402a
Jul 23, 2021 amend and recommit to rules
Jun 10, 2021 committed to rules
Feb 10, 2021 advanced to third reading
Feb 09, 2021 2nd report cal.
Feb 08, 2021 1st report cal.294
Jan 06, 2021 referred to crime victims, crime and correction

Votes

view votes

Feb 8, 2021 - Crime Victims, Crime and Correction committee Vote

S402
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 8, 2021

aye wr (2)

S402 - Details

Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8966
2019-2020: S3100

S402 - Summary

Relates to allowing telephone calls prior to an inmate's transfer except under exceptional circumstances.

S402 - Sponsor Memo

S402 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    402
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT to amend the correction law, in relation to allowing a telephone
   call prior to an inmate's transfer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  23 of the correction law, as
 amended by chapter 254 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The commissioner shall have the power to transfer inmates from one
 correctional facility to another. Whenever the transfer of inmates  from
 one correctional facility to another shall be ordered by the commission-
 er, the superintendent of the facility from which the inmates are trans-
 ferred  shall  take  immediate  steps to make the transfer. The transfer
 shall be in accordance with rules and  regulations  promulgated  by  the
 department  for  the  safe  delivery  of  such inmates to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL  ELECTRONICALLY NOTIFY THE INMATE'S NEXT OF KIN OR PERSONAL REPRE-
 SENTATIVE OF THE TRANSFER AND THE INMATE SHALL BE  ALLOWED  TO  MAKE  AT
 LEAST  ONE  PERSONAL  PHONE CALL, EXCEPT UNDER EXCEPTIONAL CIRCUMSTANCES
 WHEN TO DO SO WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECU-
 RITY  OF  INMATES OR STAFF.   WHEN A CALL IS NOT PERMITTED DUE TO EXCEP-
 TIONAL CIRCUMSTANCES, THE DEPARTMENT SHALL SO INDICATE IN A  CONTEMPORA-
 NEOUS  WRITTEN  DOCUMENT.    ADDITIONALLY,  WITHIN  twenty-four hours of
 arriving at the facility to which an inmate is transferred,  he  or  she
 shall  be  allowed to make at least one personal phone call, except when
 to do so would create an unacceptable risk to the safety and security of
 inmates or staff. If security precautions prevent the inmate from making
 such call, a staff member designated by the superintendent of the facil-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S402A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8966
2019-2020: S3100

S402A (ACTIVE) - Summary

Relates to allowing telephone calls prior to an inmate's transfer except under exceptional circumstances.

S402A (ACTIVE) - Sponsor Memo

S402A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  402--A
     Cal. No. 294
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to  a third reading -- committed to the
   Committee on Rules --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the correction law, in relation to allowing a telephone
   call prior to an inmate's transfer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  23 of the correction law, as
 amended by chapter 254 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The commissioner shall have the power to transfer inmates from one
 correctional facility to another. Whenever the transfer of inmates  from
 one correctional facility to another shall be ordered by the commission-
 er, the superintendent of the facility from which the inmates are trans-
 ferred  shall  take  immediate  steps to make the transfer. The transfer
 shall be in accordance with rules and  regulations  promulgated  by  the
 department  for  the  safe  delivery  of  such inmates to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL  ELECTRONICALLY NOTIFY THE INMATE'S NEXT OF KIN OR PERSONAL REPRE-
 SENTATIVE OF THE TRANSFER AND THE INMATE SHALL BE  ALLOWED  TO  MAKE  AT
 LEAST  ONE PERSONAL PHONE CALL, FREE OF CHARGE, EXCEPT UNDER EXCEPTIONAL
 CIRCUMSTANCES WHEN TO DO SO WOULD CREATE AN  UNACCEPTABLE  RISK  TO  THE
 SAFETY  AND  SECURITY OF INMATES OR STAFF.  WHEN A CALL IS NOT PERMITTED
 DUE TO EXCEPTIONAL CIRCUMSTANCES, THE DEPARTMENT SHALL SO INDICATE IN  A
 CONTEMPORANEOUS  WRITTEN  DOCUMENT.    ADDITIONALLY,  WITHIN twenty-four
 hours of arriving at the facility to which an inmate is transferred,  he
 or she shall be allowed to make at least one personal phone call, except
 

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