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 Section 623 of the correction law is REPEALED and a new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.
