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Assembly Bill A6490

2023-2024 Legislative Session

Relates to allowing telephone calls prior to an incarcerated individual's transfer

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Archive: Last Bill Status - In Assembly Committee

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2023-A6490 (ACTIVE) - Details

See Senate Version of this Bill:
S4071
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10829, S8966
2019-2020: A6867, S3100
2021-2022: A8190, S402
2025-2026: A3780, S1050

2023-A6490 (ACTIVE) - Summary

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

2023-A6490 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6490
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, GIBBS -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to allowing a  telephone
   call prior to an incarcerated individual'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  322  of  the  laws  of 2021, is amended to read as
 follows:
   1. The commissioner shall have  the  power  to  transfer  incarcerated
 individuals  from  one  correctional  facility  to another. Whenever the
 transfer of incarcerated individuals from one correctional  facility  to
 another  shall be ordered by the commissioner, the superintendent of the
 facility from which the incarcerated individuals are  transferred  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 incarcerated individuals to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL ELECTRONICALLY NOTIFY THE INCARCERATED INDIVIDUAL'S NEXT OF KIN OR
 PERSONAL  REPRESENTATIVE OF THE TRANSFER AND THE INCARCERATED INDIVIDUAL
 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  INCARCERATED
 INDIVIDUALS  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 incarcerated individual 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  secu-
 rity  of  incarcerated  individuals  or  staff.  If security precautions
 prevent the incarcerated individual  from  making  such  call,  a  staff
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01118-01-3

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