NY State Senate Bill 2025-S7657

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2025	referred to crime victims, crime and correction

2025-S7657 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L

2025-S7657 (ACTIVE) - Summary

Establishes a bill of rights for family members and visitors of incarcerated individuals including the establishment of an independent office for visitation oversight to monitor implementation, receive complaints, and ensure compliance.

2025-S7657 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7657

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law, in relation to establishing a bill
of rights for family members and visitors of incarcerated individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide a "Bill of Rights" for family
members and visitors of incarcerated individuals within New York State.
This is to ensure that these individuals are treated fairly, respectful-
ly, and not met with discrimination due to their visit.  This bill
protects the rights of family members and visitors, provides clear poli-
cies for both communication and visitation, and ensures that justice is
upheld in the case of mistreatment or unjust denial. By pushing this
legislation forward, we are establishing a new era of transparency and
oversight within the Correctional System.

 
SUMMARY OF PROVISIONS:

The corrections law is amended by adding a new section 138-B to estab-
lish a Bill of Rights for family members & visitors of incarcerated
individuals to ensure fair treatment

 
JUSTIFICATION:

The reason that this legislation is vital stems from the need to protect
the rights and dignity of family members and visitors of incarcerated
individuals, who often face undue discrimination, mistreatment, or arbi-
trary restrictions when interacting with the correctional system. Having
the ability to remain in contact with your loved ones during incarcera-
tion is vital for the rehabilitation of these individuals, and this bill
seeks to ensure that family members and visitors are treated with fair-
ness and respect. By establishing clear and transparent visitation poli-
cies, guaranteeing communication rights, and creating a mechanism for
oversight and accountability, the bill aims to prevent abuse and improve
the overall experience for those involved in the correctional process.
Ultimately, this bill addresses systemic issues in the treatment of
visitors and promotes the rehabilitation of incarcerated individuals
through the preservation of visitation rights.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2025-S7657 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7657
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 establishing a bill
   of rights for family members and visitors 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. BILL OF RIGHTS FOR FAMILY MEMBERS AND VISITORS OF INCARCERAT-
 ED  INDIVIDUALS. 1. FAMILY MEMBERS AND VISITORS OF AN INCARCERATED INDI-
 VIDUAL SHALL BE TREATED WITH FAIRNESS AND RESPECT BY  ALL  STAFF  WITHIN
 THE CORRECTIONAL FACILITY.
   2. FAMILY MEMBERS AND VISITORS OF AN INCARCERATED INDIVIDUAL SHALL NOT
 BE  SUBJECTED TO ANY FORMS OF HARASSMENT OR DISCRIMINATION SOLELY DUE TO
 THEIR RELATION TO, OR VISITATION OF, AN  INCARCERATED  INDIVIDUAL.  THIS
 SHALL BE IN ACCORDANCE WITH STATE AND FEDERAL ANTI-DISCRIMINATION LAWS.
   3.  FAMILY  MEMBERS  AND  VISITORS OF AN INCARCERATED INDIVIDUAL SHALL
 HAVE THE RIGHT TO COMMUNICATE WITH SUCH INCARCERATED INDIVIDUAL  THROUGH
 PHONE  CALLS,  VISITATION  AND  LETTERS  CONSISTENT  WITH EXISTING LAWS,
 RULES, AND REGULATIONS. CORRECTIONAL FACILITIES SHALL NOT IMPOSE  BARRI-
 ERS TO COMMUNICATION BEYOND THOSE NECESSARY FOR SAFETY AND SECURITY.
   4.  CORRECTIONAL  FACILITIES  VISITATION POLICIES SHALL BE CONSISTENT,
 TRANSPARENT, AND ACCESSIBLE TO VISITORS IN WRITING.
   5. ALL REASONABLE, LEGAL REQUESTS BY FAMILY MEMBERS AND VISITORS OF AN
 INCARCERATED INDIVIDUAL SHALL BE GRANTED BY STAFF UNLESS THE REQUEST  IS
 EXPRESSLY PROHIBITED BY LAW, RULE OR REGULATION.
   6.  WHEN  A  REQUEST  OF A FAMILY MEMBER OR VISITOR OF AN INCARCERATED
 INDIVIDUAL IS DENIED BY STAFF, THE EXACT REASON FOR THE DENIAL  MUST  BE
 EXPLAINED  WITH  SPECIFIC  REFERENCE  TO  LAW,  RULE OR REGULATION. SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11808-01-5
 S. 7657                             2

 
 EXPLANATION SHALL BE MADE WITHIN TWENTY-FOUR HOURS FOLLOWING SUCH DENIAL
 EITHER IN WRITING OR ORALLY WITH DOCUMENTATION.
   7.  CARE PACKAGES, INCLUDING FOOD, BROUGHT BY FAMILY MEMBERS AND VISI-
 TORS OF AN INCARCERATED INDIVIDUAL SHALL BE PRESUMED, DE  FACTO,  TO  BE
 PERMISSIBLE AND EVERY EFFORT SHOULD BE MADE TO ENSURE THAT SUCH PACKAGES
 ARE  DELIVERED TO THEIR INTENDED RECIPIENT DURING THE UNDERLYING VISITA-
 TION PERIOD, UNLESS A SPECIFIC SECURITY RISK  IS  IDENTIFIED  AND  DOCU-
 MENTED.
   8.  VISITATION  OPPORTUNITIES  SHALL  NOT  BE  CANCELLED EXCEPT DUE TO
 EXTREME EXIGENT CIRCUMSTANCES. IN THE EVENT THAT A SCHEDULED  VISITATION
 IS  CANCELLED  BY  THE  FACILITY LESS THAN FORTY-EIGHT HOURS IN ADVANCE,
 SUCH FACILITY SHALL REIMBURSE  VISITORS  FOR  NECESSARY  EXPENSES.  SUCH
 EXPENSES  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, TRANSPORTATION COSTS,
 LODGING, AND MEALS. VISITORS  MUST  SUBMIT  REIMBURSEMENT  DETAILS  WITH
 APPROPRIATE DOCUMENTATION.
   9. THE DEPARTMENT SHALL ESTABLISH AN INDEPENDENT OFFICE FOR VISITATION
 OVERSIGHT TO MONITOR IMPLEMENTATION OF THIS SECTION, RECEIVE COMPLAINTS,
 AND ENSURE COMPLIANCE.
   10. ANY VISITOR WHO BELIEVES THEIR RIGHTS UNDER THIS SECTION HAVE BEEN
 VIOLATED  MAY  FILE  A COMPLAINT THROUGH THE VISITATION OVERSIGHT OFFICE
 ESTABLISHED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION,  WHICH  SHALL
 INVESTIGATE AND RESPOND TO SUCH COMPLAINT WITHIN THIRTY DAYS.
   11.  FACILITIES  FOUND  TO  BE  IN  VIOLATION OF THIS SECTION SHALL BE
 REQUIRED TO TAKE CORRECTIVE ACTION, WHICH MAY  INCLUDE  STAFF  TRAINING,
 DISCIPLINARY MEASURES, AND/OR POLICY REVISIONS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7657

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2025-S7657 (ACTIVE) - Details

2025-S7657 (ACTIVE) - Summary

2025-S7657 (ACTIVE) - Sponsor Memo

2025-S7657 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2025-S7657 (ACTIVE) - Details

2025-S7657 (ACTIVE) - Summary

2025-S7657 (ACTIVE) - Sponsor Memo

2025-S7657 (ACTIVE) - Bill Text download pdf

Comments