Bill Text: NY S05368 | 2017-2018 | General Assembly | Amended

---

Bill Title: Relates to inmate telephone services at local correctional facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05368 Detail]

Download: New_York-2017-S05368-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5368--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 23, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Crime Victims, Crime and
          Correction -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the correction law,  in  relation  to  inmate  telephone
          services at local correctional facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The correction law is amended by adding a new section 623-a
     2  to read as follows:
     3    § 623-a. Inmate telephone services at local  correctional  facilities.
     4  1. Telephone services contracts for inmates in local correctional facil-
     5  ities  shall  be  subject  to the procurement provisions as set forth in
     6  article five-A of the general municipal law provided, however, that when
     7  determining the best value of such telephone service, the lowest  quali-
     8  fied  bidder  in  accordance  with  the safety requirements of the local
     9  correctional facility shall be emphasized.
    10    2. The sheriff of such local correctional facility shall  make  avail-
    11  able  either a prepaid or collect call system, or a combination thereof,
    12  for telephone service. Under the prepaid system, funds may be  deposited
    13  into  an  account in order to pay for station-to-station calls, provided
    14  that nothing in this subdivision shall require the sheriff to provide or
    15  administer a prepaid system. Under a collect call system,  call  recipi-
    16  ents  shall  be billed for the cost of an accepted telephone call initi-
    17  ated by an inmate. Under such  collect  call  system,  the  provider  of
    18  inmate  telephone  service,  as  an  additional  means of payment, shall
    19  permit the recipient of inmate calls to establish an account  with  such
    20  provider  in  order  to  deposit  funds to pay for such collect calls in
    21  advance.
    22    3. The commission, in consultation with local correctional facilities,
    23  shall establish rules and regulations or procedures to ensure  that  any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10500-03-7
        S. 5368--A                          2
     1  inmate phone call system established by this section provides reasonable
     2  security  measures  to  preserve the safety and security of each correc-
     3  tional facility, all staff and all persons outside a  facility  who  may
     4  receive inmate phone calls.
     5    4. Pursuant to rules and regulations established by the department and
     6  the commission, a local correctional facility may request to participate
     7  in  a contract procured by the department pursuant to subdivision one of
     8  section six hundred twenty-three of this article. A copy of such request
     9  shall be provided to the commission.   The cost  and  administration  of
    10  telephone  services  secured pursuant to this subdivision shall be borne
    11  by the local correctional facility.
    12    § 2. Section 623 of the correction law is  amended  by  adding  a  new
    13  subdivision 5 to read as follows:
    14    5.  Upon  application  by  a  local  correctional facility pursuant to
    15  subdivision eighteen of section forty-five of this chapter, the  depart-
    16  ment  may  include  such local correctional facility under a contract it
    17  procures to receive inmate telephone services  pursuant  to  subdivision
    18  one  of  this  section provided that such inclusion has no fiscal impact
    19  on, or requires continuing administration by, the department.
    20    § 3. Section 45 of the correction law  is  amended  by  adding  a  new
    21  subdivision 18 to read as follows:
    22    18. Promulgate rules and regulations, in consultation with the depart-
    23  ment,  for  inmate  telephone  services  provided  in local correctional
    24  facilities and to assure that  such  telephone  services  contracts  are
    25  subject  to the procurement provisions as set forth in article five-A of
    26  the general municipal law and that when determining the  best  value  of
    27  such  telephone  service, the lowest possible cost to the telephone user
    28  shall be emphasized. Such rules and regulations shall also  provide  for
    29  application  by  a  local  correctional  facility  to participate in the
    30  following inmate telephone services contract that shall  be  secured  by
    31  the  department for state correctional facilities provided that the cost
    32  and administration of the services applied for shall  be  borne  by  the
    33  local correctional facility.
    34    §  4.  This  act  shall  take  effect April 1, 2018 and shall apply to
    35  contracts for  inmate  telephone  services  issued,  renewed,  modified,
    36  altered  or  amended  on  or  after  such  effective date and any new or
    37  renewal contract for inmate telephone services  entered  into  prior  to
    38  April 1, 2017 shall not run past March 31, 2018.