Assembly Bill A3780

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3780
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, GIBBS, ANDERSON, COOK, SIMONE, SAYEGH,
   ALVAREZ,  ZACCARO,  GONZALEZ-ROJAS,  RAGA,  SIMON  --  read  once  and
   referred to the Committee on 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] SUCH INDIVIDUAL 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 security of incarcerated individuals or staff. If securi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03032-01-5
              

 A. 3780                             2
 
 ty precautions 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.