NY State Senate Bill 2017-S8966A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2018	print number 8966a
Jun 13, 2018	amend and recommit to rules
Jun 08, 2018	referred to rules

Bill Amendments

Original

A (Active)

2017-S8966 - Details

See Assembly Version of this Bill:: A10829
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3100, A6867
2021-2022: S402, A8190
2023-2024: S4071, A6490

2017-S8966 - Summary

Relates to allowing telephone calls prior to an inmate's transfer except under exceptional circumstances.

2017-S8966 - Sponsor Memo

                                
 
BILL NUMBER: S8966

SPONSOR: HAMILTON
 
TITLE OF BILL:

An act to amend the correction law, in relation to allowing a telephone
call prior to an inmate's transfer

 
PURPOSE:

To provide that state inmates transferred to a new correctional facility
are able to call their families prior to being transferred and the
department will send an electronic notice to the next of kin or personal
representative.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 23 of the correction law.

Section 2 provides an effective date.

 
JUSTIFICATION:

Inmates are routinely transferred from one facility to another for a
variety of reasons. Immediately before transfer they are locked down for
a few days, then are sent by bus to their new facility. The bus may take
several days to arrive at the new facility, since it usually makes other
stops along the way. Once an inmate reaches the new facility he or she
is not placed in general population right away but spends some time in a
special housing area.

Unfortunately, many family members and loved ones take trips and spend
money in order visit the inmate, just to be turned away upon arrival
because their loved one has been transferred to a new facility. DOCCS
does not tell family members when an inmate is being transferred and
since the inmates are locked down, they cannot phone home. Allowing an
inmate to call home prior to being transferred can help relieve the
stress that inmates and their families feel around the time of transfer
and can make the transition to a new prison easier. Family members can
avoid the financial burden of visiting the wrong facility and/or sending
packages that may become lost in the mail. The electronic notice ensures
that the next of kin or personal representative is notified in case they
missed the call.  This bill follows current DOCCS practice of allowing
an inmate to phone home once the transfer is completed but expands that
practice by permitting inmates to call their loved ones immediately
prior to being transferred too.

 
FISCAL IMPLICATIONS:

None. Inmates call their families collect.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth after it shall have become a
law.

2017-S8966 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8966
 
                             I N  S E N A T E
 
                               June 8, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to allowing a  telephone
   call prior to an inmate's transfer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section  23  of  the  correction  law,  as
 amended  by  chapter  254  of  the  laws  of 2017, is amended to read as
 follows:
   1. The commissioner shall have the power to transfer inmates from  one
 correctional  facility to another. Whenever the transfer of inmates from
 one correctional facility to another shall be ordered by the commission-
 er, the superintendent of the facility from which the inmates are trans-
 ferred shall take immediate steps to make  the  transfer.  The  transfer
 shall  be  in  accordance  with rules and regulations promulgated by the
 department for the safe delivery  of  such  inmates  to  the  designated
 facility.  [Within]  IMMEDIATELY  PRIOR  TO THE TRANSFER, THE DEPARTMENT
 SHALL ELECTRONICALLY NOTIFY THE INMATE'S NEXT OF KIN OR PERSONAL  REPRE-
 SENTATIVE  OF  THE  TRANSFER  AND THE INMATE SHALL BE ALLOWED TO MAKE AT
 LEAST ONE PERSONAL PHONE CALL, EXCEPT  UNDER  EXCEPTIONAL  CIRCUMSTANCES
 WHEN  TO DO SO WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND SECU-
 RITY OF INMATES OR STAFF.   ADDITIONALLY, WITHIN  twenty-four  hours  of
 arriving  at  the  facility to which an inmate is transferred, he or she
 shall be allowed to make at least one personal phone call,  except  when
 to do so would create an unacceptable risk to the safety and security of
 inmates or staff. If security precautions prevent the inmate from making
 such call, a staff member designated by the superintendent of the facil-
 ity  shall  make  a  call  to a person of the inmate's choice unless the
 inmate declines to have such a call made.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16015-03-8

2017-S8966A (ACTIVE) - Details

See Assembly Version of this Bill:: A10829
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3100, A6867
2021-2022: S402, A8190
2023-2024: S4071, A6490

2017-S8966A (ACTIVE) - Summary

Relates to allowing telephone calls prior to an inmate's transfer except under exceptional circumstances.

2017-S8966A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8966A

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the correction law, in relation to
allowing a telephone call prior to an inmate's transfer

 
PURPOSE:

To provide that state inmates transferred to a new correctional facility
are able to call their families prior to being transferred and the
department will send an electronic notice to the next of kin or personal
representative.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 23 of the correction law.

Section 2 provides an effective date.

 
JUSTIFICATION:

Inmates are routinely transferred from one facility to another for a
variety of reasons. Immediately before transfer they are locked down for
a few days, then are sent by bus to their new facility. The bus may take
several days to arrive at the new facility, since it usually makes other
stops along the way. Once an inmate reaches the new facility he or she
is not placed in general population right away but spends some time in a
special housing area.

Unfortunately, many family members and loved ones take trips and spend
money in order visit the inmate, just to be turned away upon arrival
because their loved one has been transferred to a new facility. DOCCS
does not tell family members when an inmate is being transferred and
since the inmates are locked down, they cannot phone home. Allowing an
inmate to call home prior to being transferred can help relieve the
stress that inmates and their families feel around the time of transfer
and can make the transition to a new prison easier. Family members can
avoid the financial burden of visiting the wrong facility and/or sending
packages that may become lost in the mail. The electronic notice ensures
that the next of kin or personal representative is notified in case they
missed the call.

This bill follows current DOCCS practice of allowing an inmate to phone
home once the transfer is completed but expands that practice by permit-
ting inmates to call their loved ones immediately prior to being trans-
ferred too.

 
FISCAL IMPLICATIONS:

None. Inmates call their families collect.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth after it shall have become a

2017-S8966A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8966--A
 
                             I N  S E N A T E
 
                               June 8, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the correction law, in relation to allowing a telephone
   call prior to an inmate's transfer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  23 of the correction law, as
 amended by chapter 254 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The commissioner shall have the power to transfer inmates from one
 correctional facility to another. Whenever the transfer of inmates  from
 one correctional facility to another shall be ordered by the commission-
 er, the superintendent of the facility from which the inmates are trans-
 ferred  shall  take  immediate  steps to make the transfer. The transfer
 shall be in accordance with rules and  regulations  promulgated  by  the
 department  for  the  safe  delivery  of  such inmates to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL  ELECTRONICALLY NOTIFY THE INMATE'S NEXT OF KIN OR PERSONAL REPRE-
 SENTATIVE OF THE TRANSFER AND THE INMATE SHALL BE  ALLOWED  TO  MAKE  AT
 LEAST  ONE  PERSONAL  PHONE CALL, EXCEPT UNDER EXCEPTIONAL CIRCUMSTANCES
 WHEN TO DO SO WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND  SECU-
 RITY  OF  INMATES OR STAFF.   WHEN A CALL IS NOT PERMITTED DUE TO EXCEP-
 TIONAL CIRCUMSTANCES, THE DEPARTMENT SHALL SO INDICATE IN A  CONTEMPORA-
 NEOUS  WRITTEN  DOCUMENT.    ADDITIONALLY,  WITHIN  twenty-four hours of
 arriving at the facility to which an inmate is transferred,  he  or  she
 shall  be  allowed to make at least one personal phone call, except when
 to do so would create an unacceptable risk to the safety and security of
 inmates or staff. If security precautions prevent the inmate from making
 such call, a staff member designated by the superintendent of the facil-
 ity shall make a call to a person of  the  inmate's  choice  unless  the
 inmate declines to have such a call made.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16015-05-8

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Senate Bill S8966A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S8966 - Details

2017-S8966 - Summary

2017-S8966 - Sponsor Memo

2017-S8966 - Bill Text download pdf

2017-S8966A (ACTIVE) - Details

2017-S8966A (ACTIVE) - Summary

2017-S8966A (ACTIVE) - Sponsor Memo

2017-S8966A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8966A

Share this bill

Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S8966 - Details

2017-S8966 - Summary

2017-S8966 - Sponsor Memo

2017-S8966 - Bill Text download pdf

2017-S8966A (ACTIVE) - Details

2017-S8966A (ACTIVE) - Summary

2017-S8966A (ACTIVE) - Sponsor Memo

2017-S8966A (ACTIVE) - Bill Text download pdf

Comments