Bill Text: NY A06867 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to allowing telephone calls prior to an inmate's transfer except under exceptional circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-22 - referred to correction [A06867 Detail]

Download: New_York-2019-A06867-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 22, 2019
        Introduced by M. of A. MOSLEY -- 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 inmate's transfer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section  23 of the correction law, as
     2  amended by chapter 254 of the laws  of  2017,  is  amended  to  read  as
     3  follows:
     4    1.  The commissioner shall have the power to transfer inmates from one
     5  correctional facility to another. Whenever the transfer of inmates  from
     6  one correctional facility to another shall be ordered by the commission-
     7  er, the superintendent of the facility from which the inmates are trans-
     8  ferred  shall  take  immediate  steps to make the transfer. The transfer
     9  shall be in accordance with rules and  regulations  promulgated  by  the
    10  department  for  the  safe  delivery  of  such inmates to the designated
    11  facility. [Within] Immediately prior to  the  transfer,  the  department
    12  shall  electronically notify the inmate's next of kin or personal repre-
    13  sentative of the transfer and the inmate shall be  allowed  to  make  at
    14  least  one  personal  phone call, except under exceptional circumstances
    15  when to do so would create an unacceptable risk to the safety and  secu-
    16  rity  of  inmates or staff.   When a call is not permitted due to excep-
    17  tional circumstances, the department shall so indicate in a  contempora-
    18  neous  written  document.    Additionally,  within  twenty-four hours of
    19  arriving at the facility to which an inmate is transferred,  he  or  she
    20  shall  be  allowed to make at least one personal phone call, except when
    21  to do so would create an unacceptable risk to the safety and security of
    22  inmates or staff. If security precautions prevent the inmate from making
    23  such call, a staff member designated by the superintendent of the facil-
    24  ity shall make a call to a person of  the  inmate's  choice  unless  the
    25  inmate declines to have such a call made.
    26    §  2.  This  act shall take effect on the thirtieth day after it shall
    27  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.