S T A T E O F N E W Y O R K
________________________________________________________________________
6164
2025-2026 Regular Sessions
I N A S S E M B L Y
February 26, 2025
___________
Introduced by M. of A. LEVENBERG, GONZALEZ-ROJAS, SIMON -- read once and
referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting the limi-
tation of in-person visitation of 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-b
to read as follows:
§ 138-B. PROHIBITED LIMITATION OF IN-PERSON VISITATION OF INCARCERATED
INDIVIDUALS. 1. A CORRECTIONAL FACILITY SHALL NOT:
(A) PROHIBIT, ELIMINATE, OR UNREASONABLY LIMIT IN-PERSON VISITATION OF
INCARCERATED INDIVIDUALS; OR
(B) COERCE, COMPEL, OR OTHERWISE PRESSURE AN INCARCERATED INDIVIDUAL
TO FOREGO OR LIMIT IN-PERSON VISITATION.
2. FOR THE PURPOSES OF THIS SECTION, TO UNREASONABLY LIMIT IN-PERSON
VISITATION OF INCARCERATED INDIVIDUALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, PROVIDING AN ELIGIBLE INCARCERATED INDIVIDUAL FEWER THAN TWO OPPOR-
TUNITIES FOR IN-PERSON VISITATION DURING ANY SEVEN-DAY PERIOD.
3. A CORRECTIONAL INSTITUTION, JAIL OR HOUSE OF CORRECTION MAY USE
VIDEO OR OTHER TYPES OF ELECTRONIC DEVICES FOR INCARCERATED INDIVIDUAL
COMMUNICATION WITH VISITORS; PROVIDED, HOWEVER, THAT SUCH ELECTRONIC
COMMUNICATIONS SHALL BE IN ADDITION TO AND SHALL NOT REPLACE IN-PERSON
VISITATION.
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE TEMPORARY SUSPENSION OF
VISITATION PRIVILEGES FOR GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
MISBEHAVIOR OR DURING CERTAIN EMERGENCIES, AS DETERMINED BY THE DEPART-
MENT.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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