NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2164A
SPONSOR: Epstein TITLE OF BILL:
An act to amend the correction law, in relation to providing voice
communication services to incarcerated individuals at no cost; and to
repeal section 623 of the correction law related thereto
PURPOSE:
To eliminate the cost of phone calls from people incarcerated state
facilities to family and friends living in the United States.
SUMMARY OF PROVISIONS:
Section 1 amends section 623 of the correction Law to remove sections
law that provided for the existing system of prepaid or collect calls
and clarifies that the department of corrections shall not accept or
receive any revenue for administering telephone services.
Section 2 provides the effective date
EXISTING LAW:
None.
JUSTIFICATION:
Most incarcerated New Yorkers have low low-incomes and are least able to
pay to keep in touch with their families, friends and clergy. The cost
of daily calls can be a strain on a family's finances. Families
shouldn't have to choose between paying their utility or food bill and
speaking to their loved one.
Telephone calls allow parents and guardians to keep in touch with their
children and help keep families intact after the incarcerated individual
is released. It can be a critical lifeline for families and the incar-
cerated person.
In 2019, New York City made phone calls from its jails free. In 2020, in
response to the COVID-19 crisis, DOCCS provided free calls for incarcer-
ated people for a limited amount of time. These advancements demonstrate
the practicality of this proposed legislation. Expanding the basic right
of communication for inmates in the rest of the state will better
prepare them for successful re-entry into their communities.
LEGISLATIVE HISTORY:
2022: A3096B (Epstein) / S 3512-B (Bailey) - Assembly Ways and Means /
Senate Crime Victims, Crime and Correction
2021: A3096-A (Epstein)/S.3512-A (Bailey) - referred to correction
2019-2020: A7658A/No same as - referred to correction
EFFECTIVE DATE::
April 1, 2025
STATE OF NEW YORK
________________________________________________________________________
2164--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. EPSTEIN, SIMON, SEAWRIGHT, KELLES, GONZALEZ-RO-
JAS, FORREST, JACKSON, DAVILA, GIBBS, TAPIA, AUBRY, LEVENBERG,
BURDICK, REYES, SHRESTHA, MAMDANI, CHANDLER-WATERMAN, CUNNINGHAM,
RAGA, WALKER, SEPTIMO, BORES -- read once and referred to the Commit-
tee on Correction -- recommitted to the Committee on Correction in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the correction law, in relation to providing voice
communication services to incarcerated individuals at no cost; and to
repeal section 623 of the correction law related thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 623 of the correction law is REPEALED and a new
2 section 623 is added to read as follows:
3 § 623. Communication with people confined to correctional facilities.
4 1. State agencies charged with the operation and management of state
5 prisons and youth residential placements or detention centers shall
6 provide persons in their custody and confined in a correctional or
7 detention facility with voice communication service. Such state agencies
8 may supplement voice communication service with other communication
9 services, including, but not limited to, video communication and elec-
10 tronic mail or messaging services. To the extent that such voice commu-
11 nication service or any other communication service is provided, which
12 shall not be limited beyond program participation and routine facility
13 procedures, each such service shall be provided free of charge to the
14 person initiating and the person receiving the communication.
15 2. No state agency shall receive revenue from the provision of voice
16 communication services or any other communication services to any person
17 confined in a state correctional facility or youth residential placement
18 or detention center.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05082-05-4
A. 2164--A 2
1 3. State agencies charged with the operation and management of state
2 prisons and youth residential placements or detention centers shall
3 maintain in-person visits for persons in their custody and confined in
4 their facilities. Communications services shall not be used to replace
5 any in-person visit program.
6 § 2. This act shall take effect April 1, 2025 and shall apply to any
7 new or renewal contract for voice communication services for incarcerat-
8 ed individuals or other advanced communication services entered into on
9 or after such date and provided further that any new or renewal contract
10 for voice communication services for incarcerated individuals or other
11 advanced communication services entered into prior to April 1, 2025
12 shall not run past March 31, 2025.
