NY State Senate Bill 2021-S402

Archive: Last Bill Status - Passed Senate & Assembly

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	returned to senate passed assembly ordered to third reading cal.365 substituted for a8190a
May 17, 2022	referred to correction delivered to assembly passed senate
Feb 01, 2022	amended on third reading (t) 402b
Jan 12, 2022	advanced to third reading
Jan 11, 2022	2nd report cal.
Jan 10, 2022	1st report cal.84
Jan 05, 2022	referred to crime victims, crime and correction
Jul 23, 2021	print number 402a
Jul 23, 2021	amend and recommit to rules
Jun 10, 2021	committed to rules
Feb 10, 2021	advanced to third reading
Feb 09, 2021	2nd report cal.
Feb 08, 2021	1st report cal.294
Jan 06, 2021	referred to crime victims, crime and correction

Votes

- May 17, 2022 - Floor Vote
  S402
  
  45
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (16)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Martucci
      
      Mattera
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  Jan 10, 2022 - Crime Victims, Crime And Correction Committee Vote
  S402
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Jan 10, 2022
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      aye wr (2)
      
      Akshar
      
      Gallivan
  Feb 8, 2021 - Crime Victims, Crime And Correction Committee Vote
  S402
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Feb 8, 2021
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      aye wr (2)
      
      Akshar
      
      Gallivan

Bill Amendments

Original

B (Active)

2021-S402 - Details

Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8966
2019-2020: S3100
2023-2024: S4071

2021-S402 - Summary

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

2021-S402 - Sponsor Memo

                                
 
BILL NUMBER: S402

SPONSOR: BIAGGI
 
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 a new facility, they are
initially placed in special housing and then eventually transferred to
general population.

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.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S3100, died on third reading; A6867, died in correction, died
on third reading

2018: S8966A, died in rules; A10829B, died on third reading

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law

2021-S402 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    402
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02850-01-1

 S. 402                              2
 
 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.

2021-S402A - Details

Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8966
2019-2020: S3100
2023-2024: S4071

2021-S402A - Summary

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

2021-S402A - Sponsor Memo

                                
 
BILL NUMBER: S402A

SPONSOR: BIAGGI
 
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 incarcerated individuals in state facilities are able to
call their families free of charge 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:

Incarcerated people 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 incarcerated person
reaches a new facility, they are initially placed in special housing and
then eventually transferred to the general population.

Unfortunately, many family members and loved ones take trips and spend
money in order to visit their loved ones, just to be turned away upon
arrival because the individual has been transferred to a new facility.
DOCCS does not tell family members when a person is being transferred
and since they are locked down, they cannot phone home.  Allowing these
individuals to call home prior to being transferred can help relieve the
stress that they 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 represen-
tative is notified in case they missed the call.

This bill follows current DOCCS practice of allowing an incarcerated
person to phone home once the transfer is completed but expands that
practice by permitting them to call their loved ones immediately prior
to being transferred too.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S3100, died on third reading; A6867, died in correction, died
on third reading
2018: S8966A, died in rules; A10829B, died on third reading

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law

2021-S402A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  402--A
     Cal. No. 294
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to  a third reading -- 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, FREE OF CHARGE, EXCEPT UNDER EXCEPTIONAL
 CIRCUMSTANCES WHEN TO DO SO WOULD CREATE AN  UNACCEPTABLE  RISK  TO  THE
 SAFETY  AND  SECURITY OF INMATES OR STAFF.  WHEN A CALL IS NOT PERMITTED
 DUE TO EXCEPTIONAL CIRCUMSTANCES, THE DEPARTMENT SHALL SO INDICATE IN  A
 CONTEMPORANEOUS  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02850-02-1

 S. 402--A                           2
 
 when  to do so would create an unacceptable risk to the safety and secu-
 rity of inmates or staff. If security  precautions  prevent  the  inmate
 from  making  such call, a staff member designated by the superintendent
 of  the  facility  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.

2021-S402B (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §23, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8966
2019-2020: S3100
2023-2024: S4071

2021-S402B (ACTIVE) - Summary

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

2021-S402B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S402B

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE:

To provide that incarcerated individuals in state facilities are able to
call their families free of charge 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:

Incarcerated people 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 incarcerated person
reaches a new facility, they are initially placed in special housing and
then eventually transferred to the general population.

Unfortunately, many family members and loved ones take trips and spend
money in order to visit their loved ones, just to be turned away upon
arrival because the individual has been transferred to a new facility.
DOCCS does not tell family members when a person is being transferred
and since they are locked down, they cannot phone home.  Allowing these
individuals to call home prior to being transferred can help relieve the
stress that they 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 represen-
tative is notified in case they missed the call.

This bill follows current DOCCS practice of allowing an incarcerated
person to phone home once the transfer is completed but expands that
practice by permitting them to call their loved ones immediately prior
to being transferred too.

 
PRIOR LEGISLATIVE HISTORY:

2020-2021: S402, died on third reading; A.8190, referred to correction

2019-2020: S3100, died on third reading; A6867, died in correction, died
on third reading

2018: S8966A, died in rules; A10829B, died on third reading

 
FISCAL IMPLICATIONS:

None.

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

2021-S402B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  402--B
     Cal. No. 84
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to  a third reading -- committed to the
   Committee on Rules --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Crime Victims, Crime and Correction in  accordance
   with  Senate Rule 6, sec. 8 -- reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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:
 
   Section 1. Subdivision 1 of section  23  of  the  correction  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   1. The commissioner shall have  the  power  to  transfer  incarcerated
 individuals  from  one  correctional  facility  to another. Whenever the
 transfer of incarcerated individuals from one correctional  facility  to
 another  shall be ordered by the commissioner, the superintendent of the
 facility from which the incarcerated individuals are  transferred  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 incarcerated individuals to the designated
 facility. [Within] IMMEDIATELY PRIOR TO  THE  TRANSFER,  THE  DEPARTMENT
 SHALL ELECTRONICALLY NOTIFY THE INCARCERATED INDIVIDUAL'S NEXT OF KIN OR
 PERSONAL  REPRESENTATIVE OF THE TRANSFER AND THE INCARCERATED INDIVIDUAL
 SHALL BE ALLOWED TO MAKE AT LEAST  ONE  PERSONAL  PHONE  CALL,  FREE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02850-04-2
 S. 402--B                           2
 
 CHARGE,  EXCEPT  UNDER  EXCEPTIONAL  CIRCUMSTANCES  WHEN  TO DO SO WOULD
 CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND SECURITY  OF  INCARCERATED
 INDIVIDUALS  OR  STAFF.  WHEN A CALL IS NOT PERMITTED DUE TO EXCEPTIONAL
 CIRCUMSTANCES,  THE  DEPARTMENT  SHALL  SO INDICATE IN A CONTEMPORANEOUS
 WRITTEN DOCUMENT. ADDITIONALLY, WITHIN twenty-four hours of arriving  at
 the  facility  to which an incarcerated individual 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 secu-
 rity of incarcerated  individuals  or  staff.  If  security  precautions
 prevent  the  incarcerated  individual  from  making  such call, a staff
 member designated by the superintendent of the  facility  shall  make  a
 call  to  a  person  of  the incarcerated individual's choice unless the
 incarcerated individual declines to have such a call made.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S402

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

May 17, 2022 - Floor Vote

Floor Vote: May 17, 2022

Jan 10, 2022 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Jan 10, 2022

Feb 8, 2021 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Feb 8, 2021

Bill Amendments

2021-S402 - Details

2021-S402 - Summary

2021-S402 - Sponsor Memo

2021-S402 - Bill Text download pdf

2021-S402A - Details

2021-S402A - Summary

2021-S402A - Sponsor Memo

2021-S402A - Bill Text download pdf

2021-S402B (ACTIVE) - Details

2021-S402B (ACTIVE) - Summary

2021-S402B (ACTIVE) - Sponsor Memo

2021-S402B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S402

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

2021-S402 - Details

2021-S402 - Summary

2021-S402 - Sponsor Memo

2021-S402 - Bill Text download pdf

2021-S402A - Details

2021-S402A - Summary

2021-S402A - Sponsor Memo

2021-S402A - Bill Text download pdf

2021-S402B (ACTIVE) - Details

2021-S402B (ACTIVE) - Summary

2021-S402B (ACTIVE) - Sponsor Memo

2021-S402B (ACTIVE) - Bill Text download pdf

Comments