NY State Senate Bill 2025-S8182

Senate Bill S8182

2025-2026 Legislative Session

Provides for access to legal counsel when a correctional facility has suspended visiting privileges

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2025	referred to crime victims, crime and correction

2025-S8182 (ACTIVE) - Details

See Assembly Version of this Bill:: A8230
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L

2025-S8182 (ACTIVE) - Summary

Directs the commissioner of corrections and community supervision to establish procedures to allow an incarcerated individual in a correctional facility which has suspended visiting privileges to have private meetings with their legal counsel.

2025-S8182 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8182

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to providing for access
to legal counsel when a correctional facility has suspended visiting
privileges

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill would ensure that incarcerated individuals have access to legal
counsel when correctional facility suspend visiting privileges.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 112 of the correction law by adding a new
subdivision which requires the commissioner to allow an incarcerated
individual in a correctional facility to be able to have private meet-
ings with legal counsel during a period where prison suspended visiting
privileges.

 
JUSTIFICATION:

Current state law provides no plan when it comes to allowing incarcerat-
ed people to speak to attorneys in the event a prison facility denies,
limits or suspends visitor's meetings to maintain the "safety, security
and good order of the facility." This legislation requires prison facil-
ities to allow incarcerated people to meet with their attorneys.  On
March 4, 2025, Prisoner Legal Services (PLS) filed a petition suing New
York State's Department of Correction and Community Supervision (DOCCS)
in response to being unable to speak to their clients in prisons during
an ongoing labor dispute in DOCCS prisons.  PLS attorneys have attempted
to have a legal call with a client incarcerated at Mid-State Correction-
al Facility who they were unable to contact. The client had a March 20,
2025, deadline for a notice of appeal in state court. On March 3 the
client's attorney received a report that they were assaulted by members
of the prison's correctional staff on February 28 or March 1. This
legislation would allow attorneys and their clients the ability to meet
in private for as long as they would need during a suspension.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

2025-S8182 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8182
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 providing for  access
   to  legal  counsel when a correctional facility has suspended visiting
   privileges

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  112 of the correction law is amended by adding a
 new subdivision 7 to read as follows:
   7. THE COMMISSIONER SHALL ESTABLISH PROCEDURES TO ALLOW AN INCARCERAT-
 ED INDIVIDUAL IN A CORRECTIONAL FACILITY WHICH  HAS  SUSPENDED  VISITING
 PRIVILEGES  TO  HAVE  PRIVATE  MEETINGS WITH THEIR LEGAL COUNSEL.   SUCH
 PRIVATE MEETINGS MAY BE HELD  IN-PERSON,  VIA  TELEPHONE,  OR  ELECTRON-
 ICALLY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11113-02-5

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