Senate Bill S3318

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3318--A
     Cal. No. 368
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, BAILEY, BRISPORT, BROUK, CLEARE, GIANAR-
   IS, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, MYRIE, RAMOS, RIVERA,
   SALAZAR, SANDERS -- read twice and ordered printed, and  when  printed
   to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
   ably from said committee, ordered to first and second report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 AN  ACT to amend the correction law, in relation to the establishment of
   visiting policies for incarcerated people
 
   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.  VISITING POLICIES FOR THE INCARCERATED. 1.  STATE AND LOCAL
 CORRECTIONAL FACILITIES SHALL ESTABLISH  VISITING  POLICIES  WHICH  GIVE
 INCARCERATED PEOPLE OPPORTUNITIES FOR IN-PERSON CONTACT WITH THEIR RELA-
 TIVES,  CHILDREN,  FRIENDS,  CLERGY,  VOLUNTEERS  AND  OTHER  PERSONS TO
 PROMOTE INDIVIDUAL TRANSFORMATION, BETTER INSTITUTIONAL  ADJUSTMENT  AND
 BETTER  COMMUNITY  ADJUSTMENT  UPON RELEASE. SUCH PROGRAM SHALL INCLUDE,
 BUT NOT BE LIMITED TO, (A) VISITING HOURS THAT ARE REASONABLY LIKELY  TO
 ACCOMMODATE  PERSONS  TRAVELING FROM WITHIN THE STATE, INCLUDING EVENING
 HOURS STARTING AT SIX O'CLOCK P.M.  AND/OR WEEKEND HOURS, (B) VISITS  OF
 SUFFICIENT  DURATION,  INCLUDING  A MINIMUM OF ONE HOUR AT LOCAL CORREC-
 TIONAL FACILITIES SO THAT VISITORS AND INCARCERATED PEOPLE WILL BE  ABLE
 TO  MAINTAIN RELATIONSHIP BONDS, AND (C) A PUBLISHED OVERCROWDING POLICY
 THAT IS EQUITABLE WITH DUE CONSIDERATION TO THE DISTANCE TRAVELED BY THE
 VISITOR, THE FREQUENCY OF THE VISITOR'S VISITS, THE MOST RECENT OCCASION
 THAT THE INCARCERATED PERSON'S VISIT WAS TERMINATED DUE TO OVERCROWDING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00238-03-4
              

 S. 3318--A                          2
 
 AND ANY OTHER  INDIVIDUAL  CIRCUMSTANCES  THAT  LIMIT  IN-PERSON  VISITS
 BETWEEN THE INCARCERATED PERSON AND THE VISITOR.
   2. VIDEO CONFERENCING MAY SUPPLEMENT, BUT SHALL NOT TAKE THE PLACE OF,
 IN-PERSON  VISITS.  FOR THE PURPOSES OF THIS SECTION, VIDEO CONFERENCING
 OR OTHER TECHNOLOGIES THAT ENABLE  REMOTE  VISITATION  SHALL  NOT  COUNT
 TOWARD  THE REQUIRED NUMBER OF VISITS OR DURATION OF VISITATION THAT ANY
 FACILITY MUST OFFER TO INCARCERATED INDIVIDUALS BY LAW OR REGULATION.
   3. NO INCARCERATED PERSON IS TO BE VISITED AGAINST HIS OR HER WILL  BY
 ANY PERSON.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.