Bill Text: NY S00402 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2022-12-16 - VETOED MEMO.121 [S00402 Detail]
Download: New_York-2021-S00402-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 402--B Cal. No. 84 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee, ordered to first and second report, ordered to a third reading -- committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the correction law, in relation to allowing a telephone call prior to an incarcerated individual'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 322 of the laws of 2021, is amended to read as 3 follows: 4 1. The commissioner shall have the power to transfer incarcerated 5 individuals from one correctional facility to another. Whenever the 6 transfer of incarcerated individuals from one correctional facility to 7 another shall be ordered by the commissioner, the superintendent of the 8 facility from which the incarcerated individuals are transferred shall 9 take immediate steps to make the transfer. The transfer shall be in 10 accordance with rules and regulations promulgated by the department for 11 the safe delivery of such incarcerated individuals to the designated 12 facility. [Within] Immediately prior to the transfer, the department 13 shall electronically notify the incarcerated individual's next of kin or 14 personal representative of the transfer and the incarcerated individual 15 shall be allowed to make at least one personal phone call, free of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02850-04-2S. 402--B 2 1 charge, except under exceptional circumstances when to do so would 2 create an unacceptable risk to the safety and security of incarcerated 3 individuals or staff. When a call is not permitted due to exceptional 4 circumstances, the department shall so indicate in a contemporaneous 5 written document. Additionally, within twenty-four hours of arriving at 6 the facility to which an incarcerated individual is transferred, he or 7 she shall be allowed to make at least one personal phone call, except 8 when to do so would create an unacceptable risk to the safety and secu- 9 rity of incarcerated individuals or staff. If security precautions 10 prevent the incarcerated individual from making such call, a staff 11 member designated by the superintendent of the facility shall make a 12 call to a person of the incarcerated individual's choice unless the 13 incarcerated individual declines to have such a call made. 14 § 2. This act shall take effect on the thirtieth day after it shall 15 have become a law.
