NY State Senate Bill 2023-S1942A

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2024	print number 1942a
Mar 19, 2024	amend (t) and recommit to crime victims, crime and correction
Jan 03, 2024	referred to crime victims, crime and correction
Jan 17, 2023	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S1942 - Details

See Assembly Version of this Bill:: A2164
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rpld & add §623, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6276, A7658
2021-2022: S3512, A3096, A3402

2023-S1942 - Summary

Relates to providing voice communication services to incarcerated individuals in state correctional facilities at no cost.

2023-S1942 - Sponsor Memo

                                 
BILL NUMBER: S1942

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to providing voice
communication services to incarcerated individuals  at no cost

 
PURPOSE OR GENERAL IDEA OF BILL:

To eliminate the cost of phone calls from people incarcerated state
facilities to family and friends living in the United States.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 623 of the correction Law to remove sections
law that provided for the existing system of prepaid or collect calls
and clarifies that the department of corrections shall not accept or
receive any revenue for administering telephone services.

Section 2 provides the effective date

 
JUSTIFICATION:

Most incarcerated New Yorkers have low low-incomes and are least able to
pay to keep in touch with their families, friends and clergy. The cost
of daily calls can be a strain on a family's finances. Families
shouldn't have to choose between paying their utility or food bill and
speaking to their loved one.

Telephone calls allow parents and guardians to keep in touch with their
children and help keep families intact after the incarcerated individual
is released. It can be a critical lifeline for families and the incar-
cerated person.

In 2019, New York City made phone calls from its jails free. In 2020, in
response to the COVID-19 crisis, DOCCS provided free calls for incarcer-
ated people for a limited amount of time. These advancements demonstrate
the practicality of this proposed legislation. Expanding the basic right
of communication for inmates in the rest of the state will better
prepare them for successful re-entry into their communities.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S3512 - Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
April 1St, 2024

2023-S1942 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1942
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY, CLEARE, COONEY, GOUNARDES, HOYLMAN-SIGAL,
   JACKSON, KRUEGER, RIVERA, STAVISKY -- 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  providing  voice
   communication services to incarcerated individuals  at no cost
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 623 of the correction law, as  amended  by  chapter
 322 of the laws of 2021, is amended to read as follows:
   §   623.   [Incarcerated  individual  telephone]  VOICE  COMMUNICATION
 services FOR INCARCERATED INDIVIDUALS.  1.  [Telephone]  VOICE  COMMUNI-
 CATION  services contracts for incarcerated individuals in state correc-
 tional facilities shall be subject to the procurement provisions as  set
 forth  in  article  eleven  of the state finance law [provided, however,
 that when determining the best value  of  such  telephone  service,  the
 lowest possible cost to the telephone user shall be emphasized].
   2. [The department shall make available 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 department to provide or administer a prepaid  system.
 Under  a  "collect call" system, call recipients are billed for the cost
 of an accepted telephone call initiated by an  incarcerated  individual.
 Under  such "collect call" system, the provider of incarcerated individ-
 ual telephone service, as an additional means of  payment,  must  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]  STATE AND LOCAL AGENCIES CHARGED WITH THE OPERATION
 AND MANAGEMENT OF STATE AND LOCAL CORRECTIONAL FACILITIES  AND  JUVENILE
 DETENTION FACILITIES SHALL PROVIDE PERSONS IN THEIR CUSTODY AND CONFINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05082-01-3

 S. 1942                             2
 
 IN A CORRECTIONAL OR DETENTION FACILITY WITH VOICE COMMUNICATION SERVICE
 AT A MINIMUM OF NINETY MINUTES PER DAY AND ENSURE SUFFICIENT INFRASTRUC-
 TURE TO MEET THIS BASELINE. THE COMMISSIONER MAY SUPPLEMENT VOICE COMMU-
 NICATION  SERVICE WITH OTHER ADVANCED COMMUNICATION SERVICES, INCLUDING,
 BUT NOT LIMITED TO, VIDEO COMMUNICATION AND ELECTRONIC MAIL SERVICES. TO
 THE EXTENT THAT  THE  COMMISSIONER  PROVIDES  SUCH  VOICE  COMMUNICATION
 SERVICE  OR  ANY OTHER ADVANCED COMMUNICATION SERVICE, EACH SUCH SERVICE
 SHALL BE PROVIDED FREE OF CHARGE TO THE PERSON INITIATING AND THE PERSON
 RECEIVING THE COMMUNICATION.
   3. [The department shall not accept or receive revenue  in  excess  of
 its  reasonable  operating  cost for establishing and administering such
 telephone system services as provided in subdivisions  one  and  two  of
 this  section]  NO  STATE OR LOCAL AGENCY SHALL RECEIVE REVENUE FROM THE
 PROVISION OF VOICE COMMUNICATION SERVICES  OR  ANY  OTHER  COMMUNICATION
 SERVICES  TO  ANY  PERSON  CONFINED  IN A STATE OR LOCAL CORRECTIONAL OR
 DETENTION FACILITY.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT,  REPLACE  OR
 PREVENT  IN-PERSON  VISITATION  BETWEEN  PERSONS  CONFINED IN A STATE OR
 LOCAL CORRECTIONAL OR DETENTION FACILITY AND RELATIVES, FRIENDS  OR  ANY
 OTHER PERSONS APPROVED TO VISIT SUCH PERSON.
   5.  The  department  shall  establish rules and regulations or depart-
 mental procedures to ensure that any [incarcerated individual phone call
 system] VOICE COMMUNICATION SERVICES FOR INCARCERATED INDIVIDUALS estab-
 lished by this section provides reasonable security measures to preserve
 the safety and security of each correctional facility, all staff and all
 persons outside a  facility  who  may  receive  incarcerated  individual
 [phone calls] VOICE COMMUNICATION SERVICES FOR INCARCERATED INDIVIDUALS.
   §  2.  This act shall take effect April 1, 2024 and shall apply to any
 new or renewal contract for voice communication services for incarcerat-
 ed individuals or other advanced communication services entered into  on
 or after such date and provided further that any new or renewal contract
 for  voice  communication services for incarcerated individuals or other
 advanced communication services entered into  prior  to  April  1,  2024
 shall not run past March 31, 2024.

co-Sponsors

View additional co-sponsors

2023-S1942A (ACTIVE) - Details

See Assembly Version of this Bill:: A2164
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rpld & add §623, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6276, A7658
2021-2022: S3512, A3096, A3402

2023-S1942A (ACTIVE) - Summary

Relates to providing voice communication services to incarcerated individuals in state correctional facilities at no cost.

2023-S1942A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1942A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to providing voice
communication services to incarcerated individuals  at no cost; and to
repeal section 623 of the correction law related thereto

 
PURPOSE::

To eliminate the cost of phone calls from people incarcerated state
facilities to family and friends living in the United States.

 
SUMMARY OF PROVISIONS::

Section 1 amends section 623 of the correction Law to remove sections
law that provided for the existing system of prepaid or collect calls
and clarifies that the department of corrections shall not accept or
receive any revenue for administering telephone services.

Section 2 provides the effective date

 
EXISTING LAW::

None.

 
JUSTIFICATION::

Most incarcerated New Yorkers have low low-incomes and are least able to
pay to keep in touch with their families, friends and clergy. The cost
of daily calls can be a strain on a family's finances. Families
shouldn't have to choose between paying their utility or food bill and
speaking to their loved one.

Telephone calls allow parents and guardians to keep in touch with their
children and help keep families intact after the incarcerated individual
is released. It can be a critical lifeline for families and the incar-
cerated person.

In 2019, New York City made phone calls from its jails free. In 2020, in
response to the COVID-19 crisis, DOCCS provided free calls for incarcer-
ated people for a limited amount of time. These advancements demonstrate
the practicality of this proposed legislation. Expanding the basic right
of communication for inmates in the rest of the state will better
prepare them for successful re-entry into their communities.

 
LEGISLATIVE HISTORY::

2021-22: S3512 - Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS::

To be determined

 
LOCAL FISCAL IMPLICATIONS::

Click here

 
EFFECTIVE DATE::

Click here

2023-S1942A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1942--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, KRUEGER, RIVERA, SALAZAR,  STAVISKY
   -- 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  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  correction  law, in relation to providing voice
   communication services to incarcerated individuals  at no cost; and to
   repeal section 623 of the correction law related thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  623  of the correction law is REPEALED and a new
 section 623 is added to read as follows:
   § 623. COMMUNICATION WITH PEOPLE CONFINED TO CORRECTIONAL  FACILITIES.
 1.    STATE  AGENCIES CHARGED WITH THE OPERATION AND MANAGEMENT OF STATE
 PRISONS AND YOUTH RESIDENTIAL  PLACEMENTS  OR  DETENTION  CENTERS  SHALL
 PROVIDE  PERSONS  IN  THEIR  CUSTODY  AND  CONFINED IN A CORRECTIONAL OR
 DETENTION FACILITY WITH VOICE COMMUNICATION SERVICE. SUCH STATE AGENCIES
 MAY SUPPLEMENT VOICE  COMMUNICATION  SERVICE  WITH  OTHER  COMMUNICATION
 SERVICES,  INCLUDING,  BUT NOT LIMITED TO, VIDEO COMMUNICATION AND ELEC-
 TRONIC MAIL OR MESSAGING SERVICES. TO THE EXTENT THAT SUCH VOICE  COMMU-
 NICATION  SERVICE  OR ANY OTHER COMMUNICATION SERVICE IS PROVIDED, WHICH
 SHALL NOT BE LIMITED BEYOND PROGRAM PARTICIPATION AND  ROUTINE  FACILITY
 PROCEDURES,  EACH  SUCH  SERVICE SHALL BE PROVIDED FREE OF CHARGE TO THE
 PERSON INITIATING AND THE PERSON RECEIVING THE COMMUNICATION.
   2. NO STATE AGENCY SHALL RECEIVE REVENUE FROM THE PROVISION  OF  VOICE
 COMMUNICATION SERVICES OR ANY OTHER COMMUNICATION SERVICES TO ANY PERSON
 CONFINED IN A STATE CORRECTIONAL FACILITY OR YOUTH RESIDENTIAL PLACEMENT
 OR DETENTION CENTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05082-04-4
 S. 1942--A                          2

 
   3.  STATE  AGENCIES CHARGED WITH THE OPERATION AND MANAGEMENT OF STATE
 PRISONS AND YOUTH RESIDENTIAL  PLACEMENTS  OR  DETENTION  CENTERS  SHALL
 MAINTAIN  IN-PERSON  VISITS FOR PERSONS IN THEIR CUSTODY AND CONFINED IN
 THEIR FACILITIES. COMMUNICATIONS SERVICES SHALL NOT BE USED  TO  REPLACE
 ANY IN-PERSON VISIT PROGRAM.
   §  2.  This act shall take effect April 1, 2025 and shall apply to any
 new or renewal contract for voice communication services for incarcerat-
 ed individuals or other advanced communication services entered into  on
 or after such date and provided further that any new or renewal contract
 for  voice  communication services for incarcerated individuals or other
 advanced communication services entered into  prior  to  April  1,  2025
 shall not run past March 31, 2025.

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Senate Bill S1942A

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2023-S1942 - Details

2023-S1942 - Summary

2023-S1942 - Sponsor Memo

2023-S1942 - Bill Text download pdf

co-Sponsors

2023-S1942A (ACTIVE) - Details

2023-S1942A (ACTIVE) - Summary

2023-S1942A (ACTIVE) - Sponsor Memo

2023-S1942A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1942A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2023-S1942 - Details

2023-S1942 - Summary

2023-S1942 - Sponsor Memo

2023-S1942 - Bill Text download pdf

co-Sponsors

2023-S1942A (ACTIVE) - Details

2023-S1942A (ACTIVE) - Summary

2023-S1942A (ACTIVE) - Sponsor Memo

2023-S1942A (ACTIVE) - Bill Text download pdf

Comments