|SAME AS||SAME AS S00402-B|
|Amd §23, Cor L|
|Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.|
Go to top
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. LBD02850-03-2A. 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.