STATE OF NEW YORK
________________________________________________________________________
8190--A
2021-2022 Regular Sessions
IN ASSEMBLY
August 25, 2021
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Correction -- recommitted to the Committee on Correction in accord-
ance 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 allowing a telephone
call prior to an incarcerated individual's transfer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 23 of the correction law, as
2 amended by chapter 322 of the laws of 2021, is amended to read as
3 follows:
4 1. The commissioner shall have the power to transfer incarcerated
5 individuals from one correctional facility to another. Whenever the
6 transfer of incarcerated individuals from one correctional facility to
7 another shall be ordered by the commissioner, the superintendent of the
8 facility from which the incarcerated individuals are transferred shall
9 take immediate steps to make the transfer. The transfer shall be in
10 accordance with rules and regulations promulgated by the department for
11 the safe delivery of such incarcerated individuals to the designated
12 facility. [Within] Immediately prior to the transfer, the department
13 shall electronically notify the incarcerated individual's next of kin or
14 personal representative of the transfer and the incarcerated individual
15 shall be allowed to make at least one personal phone call, free of
16 charge, except under exceptional circumstances when to do so would
17 create an unacceptable risk to the safety and security of incarcerated
18 individuals or staff. When a call is not permitted due to exceptional
19 circumstances, the department shall so indicate in a contemporaneous
20 written document. Additionally, within twenty-four hours of arriving at
21 the facility to which an incarcerated individual is transferred, he or
22 she shall be allowed to make at least one personal phone call, except
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02850-03-2
A. 8190--A 2
1 when to do so would create an unacceptable risk to the safety and secu-
2 rity of incarcerated individuals or staff. If security precautions
3 prevent the incarcerated individual from making such call, a staff
4 member designated by the superintendent of the facility shall make a
5 call to a person of the incarcerated individual's choice unless the
6 incarcerated individual declines to have such a call made.
7 § 2. This act shall take effect on the thirtieth day after it shall
8 have become a law.
