S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2446--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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:
 
   Section 1. The correction law is amended by adding a new section 623-a
 to read as follows:
   § 623-A. INMATE TELEPHONE SERVICES AT LOCAL  CORRECTIONAL  FACILITIES.
 1. TELEPHONE SERVICES CONTRACTS FOR INMATES IN LOCAL CORRECTIONAL FACIL-
 ITIES  SHALL  BE  SUBJECT  TO THE PROCUREMENT PROVISIONS AS SET FORTH IN
 ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW PROVIDED, HOWEVER, THAT WHEN
 DETERMINING THE BEST VALUE OF SUCH TELEPHONE SERVICE, THE LOWEST  POSSI-
 BLE  COST TO THE TELEPHONE USER SHALL BE EMPHASIZED.  LOCAL CORRECTIONAL
 FACILITIES, COUNTIES AND MUNICIPALITIES  SHALL  NOT  ACCEPT  OR  RECEIVE
 REVENUE  OR  OTHER  BENEFITS  FROM THE PROVIDER OF TELEPHONE SERVICES TO
 SUCH FACILITIES.
   2. THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY SHALL  MAKE  AVAIL-
 ABLE  EITHER A PREPAID OR COLLECT CALL SYSTEM, OR A COMBINATION THEREOF,
 FOR TELEPHONE SERVICE. UNDER THE PREPAID SYSTEM, FUNDS MAY BE  DEPOSITED
 INTO  AN  ACCOUNT IN ORDER TO PAY FOR STATION-TO-STATION CALLS, PROVIDED
 THAT NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE SHERIFF TO PROVIDE OR
 ADMINISTER A PREPAID SYSTEM. UNDER A COLLECT CALL SYSTEM,  CALL  RECIPI-
 ENTS  SHALL  BE BILLED FOR THE COST OF AN ACCEPTED TELEPHONE CALL INITI-
 ATED BY AN INMATE. UNDER SUCH  COLLECT  CALL  SYSTEM,  THE  PROVIDER  OF
 INMATE  TELEPHONE  SERVICE,  AS  AN  ADDITIONAL  MEANS OF PAYMENT, SHALL
 PERMIT THE RECIPIENT OF INMATE CALLS TO ESTABLISH AN ACCOUNT  WITH  SUCH
 PROVIDER  IN  ORDER  TO  DEPOSIT  FUNDS TO PAY FOR SUCH COLLECT CALLS IN
 ADVANCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06758-03-1

 A. 2446--A                          2
 
   3. THE COMMISSION, IN CONSULTATION WITH LOCAL CORRECTIONAL FACILITIES,
 SHALL ESTABLISH RULES AND REGULATIONS OR PROCEDURES TO ENSURE  THAT  ANY
 INMATE PHONE CALL SYSTEM ESTABLISHED BY THIS SECTION PROVIDES REASONABLE
 SECURITY  MEASURES  TO  PRESERVE THE SAFETY AND SECURITY OF EACH CORREC-
 TIONAL  FACILITY,  ALL  STAFF AND ALL PERSONS OUTSIDE A FACILITY WHO MAY
 RECEIVE INMATE PHONE CALLS.
   4. PURSUANT TO RULES AND REGULATIONS ESTABLISHED BY THE DEPARTMENT AND
 THE COMMISSION, A LOCAL CORRECTIONAL FACILITY MAY REQUEST TO PARTICIPATE
 IN A CONTRACT PROCURED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE  OF
 SECTION SIX HUNDRED TWENTY-THREE OF THIS ARTICLE. A COPY OF SUCH REQUEST
 SHALL  BE  PROVIDED  TO THE COMMISSION.   THE COST AND ADMINISTRATION OF
 TELEPHONE SERVICES SECURED PURSUANT TO THIS SUBDIVISION SHALL  BE  BORNE
 BY THE LOCAL CORRECTIONAL FACILITY.
   §  2.  Section  623  of  the correction law is amended by adding a new
 subdivision 5 to read as follows:
   5. UPON APPLICATION BY  A  LOCAL  CORRECTIONAL  FACILITY  PURSUANT  TO
 SUBDIVISION  NINETEEN OF SECTION FORTY-FIVE OF THIS CHAPTER, THE DEPART-
 MENT MAY INCLUDE SUCH LOCAL CORRECTIONAL FACILITY UNDER  A  CONTRACT  IT
 PROCURES  TO  RECEIVE  INMATE TELEPHONE SERVICES PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION PROVIDED THAT SUCH INCLUSION HAS  NO  FISCAL  IMPACT
 ON, OR REQUIRES CONTINUING ADMINISTRATION BY, THE DEPARTMENT.
   §  3.  Section  45  of  the  correction law is amended by adding a new
 subdivision 19 to read as follows:
   19. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE DEPART-
 MENT, FOR INMATE  TELEPHONE  SERVICES  PROVIDED  IN  LOCAL  CORRECTIONAL
 FACILITIES  AND  TO  ASSURE  THAT  SUCH TELEPHONE SERVICES CONTRACTS ARE
 SUBJECT TO THE PROCUREMENT PROVISIONS AS SET FORTH IN ARTICLE FIVE-A  OF
 THE  GENERAL  MUNICIPAL  LAW AND THAT WHEN DETERMINING THE BEST VALUE OF
 SUCH TELEPHONE SERVICE, THE LOWEST POSSIBLE COST TO THE  TELEPHONE  USER
 SHALL  BE  EMPHASIZED. SUCH RULES AND REGULATIONS SHALL ALSO PROVIDE FOR
 APPLICATION BY A LOCAL  CORRECTIONAL  FACILITY  TO  PARTICIPATE  IN  THE
 FOLLOWING  INMATE  TELEPHONE  SERVICES CONTRACT THAT SHALL BE SECURED BY
 THE DEPARTMENT FOR STATE CORRECTIONAL FACILITIES PROVIDED THAT THE  COST
 AND  ADMINISTRATION  OF  THE  SERVICES APPLIED FOR SHALL BE BORNE BY THE
 LOCAL CORRECTIONAL FACILITY.
   § 4. This act shall take effect April  1,  2022  and  shall  apply  to
 contracts  for  inmate  telephone  services  issued,  renewed, modified,
 altered or amended on or after  such  effective  date  and  any  new  or
 renewal  contract  for  inmate  telephone services entered into prior to
 April 1, 2021 shall not run past March 31, 2022.