Assembly Bill A9453

2023-2024 Legislative Session

Prohibits certain limitations of visitation of incarcerated individuals

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9453 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §138-b, Cor L

2023-A9453 (ACTIVE) - Summary

Prohibits the unreasonable limitation of in-person visitation of incarcerated individuals.

2023-A9453 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9453
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to prohibiting the limi-
   tation of in-person visitation of incarcerated individuals
 
   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 138-b
 to read as follows:
   § 138-B. PROHIBITED LIMITATION OF IN-PERSON VISITATION OF INCARCERATED
 INDIVIDUALS. 1. A CORRECTIONAL FACILITY SHALL NOT:
   (A) PROHIBIT, ELIMINATE, OR UNREASONABLY LIMIT IN-PERSON VISITATION OF
 INCARCERATED INDIVIDUALS; OR
   (B)  COERCE,  COMPEL, OR OTHERWISE PRESSURE AN INCARCERATED INDIVIDUAL
 TO FOREGO OR LIMIT IN-PERSON VISITATION.
   2. FOR THE PURPOSES OF THIS SECTION, TO UNREASONABLY  LIMIT  IN-PERSON
 VISITATION OF INCARCERATED INDIVIDUALS SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  PROVIDING AN ELIGIBLE INCARCERATED INDIVIDUAL FEWER THAN TWO OPPOR-
 TUNITIES FOR IN-PERSON VISITATION DURING ANY SEVEN-DAY PERIOD.
   3. A CORRECTIONAL INSTITUTION, JAIL OR HOUSE  OF  CORRECTION  MAY  USE
 VIDEO  OR  OTHER TYPES OF ELECTRONIC DEVICES FOR INCARCERATED INDIVIDUAL
 COMMUNICATION WITH VISITORS; PROVIDED,  HOWEVER,  THAT  SUCH  ELECTRONIC
 COMMUNICATIONS  SHALL  BE IN ADDITION TO AND SHALL NOT REPLACE IN-PERSON
 VISITATION.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE TEMPORARY SUSPENSION  OF
 VISITATION  PRIVILEGES  FOR  GOOD  CAUSE, INCLUDING, BUT NOT LIMITED TO,
 MISBEHAVIOR OR DURING CERTAIN EMERGENCIES, AS DETERMINED BY THE  DEPART-
 MENT.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14314-01-4

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