STATE OF NEW YORK
________________________________________________________________________
6257--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. HYNDMAN, ARROYO, BLAKE, WEPRIN, WALKER, SAYEGH,
DARLING -- read once and referred to the Committee on Correction --
reported and referred to the Committee on Ways and Means -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07646-03-0
A. 6257--A 2
1 3. The commission, in consultation with local correctional facilities,
2 shall establish rules and regulations or procedures to ensure that any
3 inmate phone call system established by this section provides reasonable
4 security measures to preserve the safety and security of each correc-
5 tional facility, all staff and all persons outside a facility who may
6 receive inmate phone calls.
7 4. Pursuant to rules and regulations established by the department and
8 the commission, a local correctional facility may request to participate
9 in a contract procured by the department pursuant to subdivision one of
10 section six hundred twenty-three of this article. A copy of such request
11 shall be provided to the commission. The cost and administration of
12 telephone services secured pursuant to this subdivision shall be borne
13 by the local correctional facility.
14 § 2. Section 623 of the correction law is amended by adding a new
15 subdivision 5 to read as follows:
16 5. Upon application by a local correctional facility pursuant to
17 subdivision eighteen of section forty-five of this chapter, the depart-
18 ment may include such local correctional facility under a contract it
19 procures to receive inmate telephone services pursuant to subdivision
20 one of this section provided that such inclusion has no fiscal impact
21 on, or requires continuing administration by, the department.
22 § 3. Section 45 of the correction law is amended by adding a new
23 subdivision 18 to read as follows:
24 18. Promulgate rules and regulations, in consultation with the depart-
25 ment, for inmate telephone services provided in local correctional
26 facilities and to assure that such telephone services contracts are
27 subject to the procurement provisions as set forth in article five-A of
28 the general municipal law and that when determining the best value of
29 such telephone service, the lowest possible cost to the telephone user
30 shall be emphasized. Such rules and regulations shall also provide for
31 application by a local correctional facility to participate in the
32 following inmate telephone services contract that shall be secured by
33 the department for state correctional facilities provided that the cost
34 and administration of the services applied for shall be borne by the
35 local correctional facility.
36 § 4. This act shall take effect April 1, 2021 and shall apply to
37 contracts for inmate telephone services issued, renewed, modified,
38 altered or amended on or after such effective date and any new or
39 renewal contract for inmate telephone services entered into prior to
40 April 1, 2020 shall not run past March 31, 2021.
