Bill Text: NY S05368 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5368 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 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 possi- 8 ble cost to the telephone user shall be emphasized. 9 2. The sheriff of such local correctional facility shall make avail- 10 able either a prepaid or collect call system, or a combination thereof, 11 for telephone service. Under the prepaid system, funds may be deposited 12 into an account in order to pay for station-to-station calls, provided 13 that nothing in this subdivision shall require the sheriff to provide or 14 administer a prepaid system. Under a collect call system, call recipi- 15 ents shall be billed for the cost of an accepted telephone call initi- 16 ated by an inmate. Under such collect call system, the provider of 17 inmate telephone service, as an additional means of payment, shall 18 permit the recipient of inmate calls to establish an account with such 19 provider in order to deposit funds to pay for such collect calls in 20 advance. 21 3. A local correctional facility shall not accept or receive revenue 22 in excess of its reasonable operating cost for establishing and adminis- 23 tering such telephone system services as provided in subdivisions one 24 and two of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10500-01-7S. 5368 2 1 4. The commission shall establish rules and regulations or procedures 2 to ensure that any inmate phone call system established by this section 3 provides reasonable security measures to preserve the safety and securi- 4 ty of each correctional facility, all staff and all persons outside a 5 facility who may receive inmate phone calls. 6 5. Pursuant to rules and regulations established by the department and 7 the commission, a local correctional facility may request to participate 8 in a contract procured by the department pursuant to subdivision one of 9 section six hundred twenty-three of this article. A copy of such request 10 shall be provided to the commission. The cost and administration of 11 telephone services secured pursuant to this subdivision shall be borne 12 by the local correctional facility. 13 § 2. Section 623 of the correction law is amended by adding a new 14 subdivision 5 to read as follows: 15 5. Upon application by a local correctional facility pursuant to 16 subdivision eighteen of section forty-five of this chapter, the depart- 17 ment may include such local correctional facility under a contract it 18 procures to receive inmate telephone services pursuant to subdivision 19 one of this section provided that such inclusion has no fiscal impact 20 on, or requires continuing administration by, the department. 21 § 3. Section 45 of the correction law is amended by adding a new 22 subdivision 18 to read as follows: 23 18. Promulgate rules and regulations, in consultation with the depart- 24 ment, for inmate telephone services provided in local correctional 25 facilities and to assure that such telephone services contracts are 26 subject to the procurement provisions as set forth in article five-A of 27 the general municipal law and that when determining the best value of 28 such telephone service, the lowest possible cost to the telephone user 29 shall be emphasized. Such rules and regulations shall also provide for 30 application by a local correctional facility to participate in the 31 following inmate telephone services contract that shall be secured by 32 the department for state correctional facilities provided that the cost 33 and administration of the services applied for shall be borne by the 34 local correctional facility. 35 § 4. This act shall take effect April 1, 2018 and shall apply to 36 contracts for inmate telephone services issued, renewed, modified, 37 altered or amended on or after such effective date and any new or 38 renewal contract for inmate telephone services entered into prior to 39 April 1, 2017 shall not run past March 31, 2018.
