Assembly Bill A4603A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4603--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN, WALKER, REYES, CRUZ, HUNTER, TAYLOR,
   BURDICK, GONZALEZ-ROJAS,  JACKSON,  BARRETT,  GIBBS,  DAVILA,  KELLES,
   SIMONE,  SEPTIMO,  TAPIA,  BURKE,  CUNNINGHAM,  CLARK, MEEKS, SHIMSKY,
   HEVESI, DINOWITZ, SIMON, ZACCARO, ANDERSON, BICHOTTE HERMELYN,  LEVEN-
   BERG,   BORES,   ROSENTHAL,   GALLAGHER,  CHANDLER-WATERMAN,  HYNDMAN,
   SEAWRIGHT, SHRESTHA, FORREST, MITAYNES, ZINERMAN, RAGA, PAULIN, DILAN,
   BURROUGHS, WRIGHT, VALDEZ, WIEDER, SOLAGES, ALVAREZ, BENEDETTO,  LASH-
   ER,  LAVINE,  BRONSON,  VANEL,  ROMERO,  STECK, DAIS, LUCAS, LUNSFORD,
   RAMOS, COOK, R. CARROLL, WOERNER,  HOOKS,  MORENO  --  read  once  and
   referred  to  the  Committee on Correction -- reported and referred to
   the Committee on Ways and Means -- recommitted  to  the  Committee  on
   Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the correction law, in relation to the establishment of
   visiting policies for incarcerated individuals
 
   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-c
 to read as follows:
   §  138-C.  VISITING POLICIES FOR THE INCARCERATED. 1.  STATE AND LOCAL
 CORRECTIONAL FACILITIES SHALL ESTABLISH  VISITING  POLICIES  WHICH  GIVE
 INCARCERATED  INDIVIDUALS OPPORTUNITIES FOR IN-PERSON CONTACT WITH THEIR
 RELATIVES, 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 INDIVIDUALS WILL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07456-02-6
              

 A. 4603--A                          2
 
 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 INDIVIDUAL'S VISIT WAS TERMINATED DUE TO
 OVERCROWDING, AND ANY OTHER INDIVIDUAL CIRCUMSTANCES THAT LIMIT  IN-PER-
 SON VISITS BETWEEN THE INCARCERATED INDIVIDUALS 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 INDIVIDUAL IS TO BE VISITED AGAINST SUCH  INCARCER-
 ATED INDIVIDUAL'S WILL BY ANY PERSON.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.