BILL NUMBER: S5563

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the correction law, in relation to
inmate access to confidential phone calls

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for confidential telephone calls between incarcerated people
and their attorneys.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Correction Law Section 623 by adding a new subdivision
5 providing for telephone calls free of charge between incarcerated
people and their attorneys.

Section 2 is the effective date.

 
JUSTIFICATION:
              

New digitized telephone systems have made it cheaper and easier for
incarcerated people to call their friends and families. However, some of
the new phone systems do not guarantee privacy in inmate phone calls to
their attorneys and routinely record such phone calls. In fact, Securus,
the current provider of phone services for DOCCS, commonly releases
inmate phone records, including calls to attorneys, to law enforcement
in other states without a warrant and in violation of the inmates' right
to confidential attorney-client communications.  The US and NY consti-
tutions require inmates to have access to the courts, which is achieved
in part by private communications with attorneys.

Additionally, some county jails have begun to restrict attorney phone
calls to attorneys who have their offices less than 50 miles from the
jail where their client is incarcerated. These jails force the attorneys
to drive to the jail to talk to their clients rather than permit them a
simple phone call. Beyond an inconvenience to the attorney, this prac-
tice is an impediment to the inmates' right of access to the courts and
must be stopped.

In order to have effective legal counsel, inmates and their attorneys
must be able to have private telephone conversations as needed. Such
conversations should not be restricted or monitored by correctional
facilities or their telephone service providers. This bill makes that
clear. It does not require new phone lines to be installed; it simply
requires correctional facilities to continue the prior practice of
permitting an inmate to speak to his or her attorney alone on a confi-
dential private line in his or her counselor's office or on any unre-
corded telephone line

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
30 days after it shall have become a law.