Senate Bill S4071

2023-2024 Legislative Session

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

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-S4071 (ACTIVE) - Details

See Assembly Version of this Bill:
A6490
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8966, A10829
2019-2020: S3100, A6867
2021-2022: S402, A8190

2023-S4071 (ACTIVE) - Summary

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

2023-S4071 (ACTIVE) - Sponsor Memo

2023-S4071 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4071
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01118-01-3

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