Bill Text: NY S05456 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-13 - PRINT NUMBER 5456A [S05456 Detail]

Download: New_York-2019-S05456-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5456
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 1, 2019
                                       ___________
        Introduced  by  Sen.  MONTGOMERY  -- 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 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
    24  inmate phone call system established by this section provides reasonable
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07646-01-9
        S. 5456                             2
     1  security measures to preserve the safety and security  of  each  correc-
     2  tional  facility,  all  staff and all persons outside a facility who may
     3  receive inmate phone calls.
     4    4. Pursuant to rules and regulations established by the department and
     5  the commission, a local correctional facility may request to participate
     6  in  a contract procured by the department pursuant to subdivision one of
     7  section six hundred twenty-three of this article. A copy of such request
     8  shall be provided to the commission.   The cost  and  administration  of
     9  telephone  services  secured pursuant to this subdivision shall be borne
    10  by the local correctional facility.
    11    § 2. Section 623 of the correction law is  amended  by  adding  a  new
    12  subdivision 5 to read as follows:
    13    5.  Upon  application  by  a  local  correctional facility pursuant to
    14  subdivision eighteen of section forty-five of this chapter, the  depart-
    15  ment  may  include  such local correctional facility under a contract it
    16  procures to receive inmate telephone services  pursuant  to  subdivision
    17  one  of  this  section provided that such inclusion has no fiscal impact
    18  on, or requires continuing administration by, the department.
    19    § 3. Section 45 of the correction law  is  amended  by  adding  a  new
    20  subdivision 18 to read as follows:
    21    18. Promulgate rules and regulations, in consultation with the depart-
    22  ment,  for  inmate  telephone  services  provided  in local correctional
    23  facilities and to assure that  such  telephone  services  contracts  are
    24  subject  to the procurement provisions as set forth in article five-A of
    25  the general municipal law and that when determining the  best  value  of
    26  such  telephone  service, the lowest possible cost to the telephone user
    27  shall be emphasized. Such rules and regulations shall also  provide  for
    28  application  by  a  local  correctional  facility  to participate in the
    29  following inmate telephone services contract that shall  be  secured  by
    30  the  department for state correctional facilities provided that the cost
    31  and administration of the services applied for shall  be  borne  by  the
    32  local correctional facility.
    33    §  4.  This  act  shall  take  effect April 1, 2020 and shall apply to
    34  contracts for  inmate  telephone  services  issued,  renewed,  modified,
    35  altered  or  amended  on  or  after  such  effective date and any new or
    36  renewal contract for inmate telephone services  entered  into  prior  to
    37  April 1, 2019 shall not run past March 31, 2020.