Assembly Bill A4531

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4531
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to incarcerated individ-
   ual telephone services at local correctional facilities
 
   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.  INCARCERATED INDIVIDUAL TELEPHONE SERVICES AT LOCAL CORREC-
 TIONAL FACILITIES. 1.  TELEPHONE  SERVICES  CONTRACTS  FOR  INCARCERATED
 INDIVIDUALS  IN  LOCAL  CORRECTIONAL  FACILITIES SHALL BE SUBJECT TO THE
 PROCUREMENT PROVISIONS AS SET FORTH IN ARTICLE  FIVE-A  OF  THE  GENERAL
 MUNICIPAL LAW PROVIDED, HOWEVER, THAT WHEN DETERMINING THE BEST VALUE OF
 SUCH  TELEPHONE  SERVICE, THE LOWEST POSSIBLE COST TO THE TELEPHONE USER
 SHALL BE EMPHASIZED.  LOCAL CORRECTIONAL FACILITIES, COUNTIES AND  MUNI-
 CIPALITIES  SHALL  NOT  ACCEPT OR RECEIVE REVENUE OR OTHER BENEFITS FROM
 THE PROVIDER OF TELEPHONE SERVICES TO SUCH FACILITIES.
   2. THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY SHALL  MAKE  AVAIL-
 ABLE  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 SHERIFF TO PROVIDE OR
 ADMINISTER A PREPAID SYSTEM. UNDER A COLLECT CALL SYSTEM,  CALL  RECIPI-
 ENTS  SHALL  BE BILLED FOR THE COST OF AN ACCEPTED TELEPHONE CALL INITI-
 ATED BY AN INCARCERATED INDIVIDUAL.  UNDER SUCH COLLECT CALL SYSTEM, THE
 PROVIDER OF INCARCERATED INDIVIDUAL TELEPHONE SERVICE, AS AN  ADDITIONAL
 MEANS  OF PAYMENT, SHALL 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.
   3. THE COMMISSION, IN CONSULTATION WITH LOCAL CORRECTIONAL FACILITIES,
 SHALL  ESTABLISH  RULES AND REGULATIONS OR PROCEDURES TO ENSURE THAT ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06420-01-3
              

 A. 4531                             2
 
 INCARCERATED INDIVIDUAL PHONE CALL SYSTEM ESTABLISHED  BY  THIS  SECTION
 PROVIDES REASONABLE SECURITY MEASURES TO PRESERVE THE SAFETY AND SECURI-
 TY  OF  EACH  CORRECTIONAL FACILITY, ALL STAFF AND ALL PERSONS OUTSIDE A
 FACILITY WHO MAY RECEIVE INCARCERATED INDIVIDUAL PHONE CALLS.
   4. PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY THE DEPARTMENT AND
 THE COMMISSION, A LOCAL CORRECTIONAL FACILITY MAY REQUEST TO PARTICIPATE
 IN  A CONTRACT PROCURED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF
 SECTION SIX HUNDRED TWENTY-THREE OF THIS ARTICLE. A COPY OF SUCH REQUEST
 SHALL BE PROVIDED TO THE COMMISSION.   THE COST  AND  ADMINISTRATION  OF
 TELEPHONE  SERVICES  SECURED PURSUANT TO THIS SUBDIVISION SHALL BE BORNE
 BY THE LOCAL CORRECTIONAL FACILITY.
   § 2. Section 623 of the correction law is  amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  UPON  APPLICATION  BY  A  LOCAL  CORRECTIONAL FACILITY PURSUANT TO
 SUBDIVISION TWENTY OF SECTION FORTY-FIVE OF THIS CHAPTER, THE DEPARTMENT
 MAY INCLUDE  SUCH  LOCAL  CORRECTIONAL  FACILITY  UNDER  A  CONTRACT  IT
 PROCURES  TO RECEIVE INCARCERATED INDIVIDUAL TELEPHONE SERVICES PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION PROVIDED THAT SUCH INCLUSION  HAS  NO
 FISCAL  IMPACT ON, OR REQUIRES CONTINUING ADMINISTRATION BY, THE DEPART-
 MENT.
   § 3. Section 45 of the correction law  is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE DEPART-
 MENT,  FOR  INCARCERATED INDIVIDUAL TELEPHONE SERVICES PROVIDED IN LOCAL
 CORRECTIONAL FACILITIES AND  TO  ASSURE  THAT  SUCH  TELEPHONE  SERVICES
 CONTRACTS  ARE  SUBJECT  TO  THE  PROCUREMENT PROVISIONS AS SET FORTH IN
 ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW AND  THAT  WHEN  DETERMINING
 THE  BEST  VALUE  OF SUCH TELEPHONE SERVICE, THE LOWEST POSSIBLE COST TO
 THE TELEPHONE USER SHALL BE EMPHASIZED. SUCH RULES AND REGULATIONS SHALL
 ALSO PROVIDE FOR APPLICATION BY A LOCAL CORRECTIONAL FACILITY TO PARTIC-
 IPATE  IN  THE  FOLLOWING  INCARCERATED  INDIVIDUAL  TELEPHONE  SERVICES
 CONTRACT  THAT SHALL BE SECURED BY THE DEPARTMENT FOR STATE CORRECTIONAL
 FACILITIES PROVIDED THAT THE COST AND  ADMINISTRATION  OF  THE  SERVICES
 APPLIED FOR SHALL BE BORNE BY THE LOCAL CORRECTIONAL FACILITY.
   §  4.  This  act  shall  take  effect April 1, 2024 and shall apply to
 contracts  for  incarcerated  individual  telephone   services   issued,
 renewed,  modified,  altered  or amended on or after such effective date
 and any new or renewal contract for inmate  telephone  services  entered
 into prior to April 1, 2023 shall not run past March 31, 2024.