NY State Senate Bill S4071

Current Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2023	reported and committed to finance
Feb 02, 2023	referred to crime victims, crime and correction

Votes

view votes

Mar 8, 2023 - Crime Victims, Crime and Correction committee Vote

S4071

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 8, 2023

aye (5)

aye wr (2)

S4071 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8966
2019-2020: S3100
2021-2022: S402

S4071 (ACTIVE) - Summary

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

S4071 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4071

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to allowing a telephone
call prior to an incarcerated individual's transfer

 
PURPOSE:

To provide that incarcerated individuals in state facilities are able to
call their families free of charge prior to being transferred and the
department will send an electronic notice to the next of kin or personal
representative.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 23 of the correction law,
allowing an incarcerated individual to make at least one personal phone
call, free of charge, immediately prior to a transfer, unless the call
would create an unacceptable risk to the safety and security of incar-
cerated individuals or staff.

Section 2 provides an effective date.

 
JUSTIFICATION:

Incarcerated people are routinely transferred from one facility to
another for a variety of reasons. Immediately before transfer they are
locked down for a few days, then are sent by bus to their new facility.
The bus may take several days to arrive at the new facility, since it
usually makes other stops along the way.

Unfortunately, many family members and loved ones take trips and spend
money in order to visit their loved ones, just to be turned away upon
arrival because the individual has been transferred to a new facility.
DOCCS does not tell family members when a person is being transferred
and since they are locked down, they cannot phone home.  Allowing these
individuals to call home prior to being transferred can help relieve the
stress that they and their families feel around the time of transfer and
can make the transition to a new prison easier. Family members can avoid
the financial burden of visiting the wrong facility and/or sending pack-
ages that may become lost in the mail. Additionally, the information
regarding an individual's transfer does not show up on the DOCCS website
until after the individual has arrived in the new facility, so without
contact from the individual - which cannot happen under the current
system there is no way for a family to know where their loved one is
being transferred.

The electronic notice ensures that the next of kin or personal represen-
tative is notified in case they missed the call.

This bill follows current DOCCS practice of allowing an incarcerated
person to phone home once the transfer is completed but expands that
practice by permitting them to call their loved ones immediately prior
to being transferred too.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2018: S8966A (Hamilton)- Referred to Rules

2019-2020: S3100 (Biaggi)- Referred to Crime Victims, Crime, and
Correction, Advanced to third reading, Committed to Rules

2021-2022: S402B (Biaggi)- Referred to Crime Victims, Crime and
Correction, Advanced to third reading, Committed to Rules, Passed Senate
(Aye 45, Nay 16), Passed Assembly (Yes 104, No 46), Vetoed by Governor,
Veto message 121

ASSEMBLY:

2018: A10829B (Mosely)- Referred to Correction, Reported to Rules,
Amended on third reading

2019-2020: A6867 (Mosely)- Referred to Correction, Reported, Ordered to
third reading

2021-2022: A8190A (Weprin)- Referred to Correction, Reported, Advanced
to third reading, Passed Senate (Aye 45, Nay 16), Passed Assembly (Yes
104, No 46), Vetoed by Governor, veto message 121

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law

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

 S. 4071                             2
 
 prevent  the  incarcerated  individual  from  making  such call, a staff
 member designated by the superintendent of the  facility  shall  make  a
 call  to  a  person  of  the incarcerated individual's choice unless the
 incarcerated individual declines to have such a call made.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S4071

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Mar 8, 2023 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Mar 8, 2023

S4071 (ACTIVE) - Details

S4071 (ACTIVE) - Summary

S4071 (ACTIVE) - Sponsor Memo

S4071 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4071

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Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Mar 8, 2023 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Mar 8, 2023

S4071 (ACTIVE) - Details

S4071 (ACTIVE) - Summary

S4071 (ACTIVE) - Sponsor Memo

S4071 (ACTIVE) - Bill Text download pdf

Comments