Senate Bill S3318

2023-2024 Legislative Session

Establishes visiting policies for incarcerated people

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-S3318 - Details

See Assembly Version of this Bill:
A6488
Current Committee:
Assembly Ways And Means
Law Section:
Correction Law
Laws Affected:
Add §138-b, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7241
2019-2020: S2698, A2483
2021-2022: S2841, A4250

2023-S3318 - Summary

Establishes visiting policies for incarcerated people, to provide incarcerated people opportunities for personal contact with relatives, friends, clergy, volunteers and other persons to promote better institutional adjustment and better community adjustment upon release.

2023-S3318 - Sponsor Memo

2023-S3318 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3318
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced   by   Sens.  SEPULVEDA,  BAILEY,  BRISPORT,  BROUK,  CLEARE,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON,  KAVANAGH,  MYRIE,  RAMOS,  RIVERA,
   SALAZAR,  SANDERS  -- 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 the establishment of
   a visiting program for incarcerated people
 
   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 138-b
 to read as follows:
   §  138-B.  VISITING  PROGRAM FOR THE INCARCERATED. 1.  STATE AND LOCAL
 CORRECTIONAL FACILITIES  SHALL  PROVIDE  VISITING  PROGRAMS  WHICH  GIVE
 INCARCERATED  PEOPLE OPPORTUNITIES FOR PERSONAL CONTACT WITH THEIR RELA-
 TIVES, CHILDREN,  FRIENDS,  CLERGY,  VOLUNTEERS  AND  OTHER  PERSONS  TO
 PROMOTE  INDIVIDUAL  TRANSFORMATION, BETTER INSTITUTIONAL ADJUSTMENT AND
 BETTER COMMUNITY ADJUSTMENT UPON RELEASE. SUCH  PROGRAM  SHALL  INCLUDE,
 BUT  NOT BE LIMITED TO, (A) VISITING HOURS THAT ARE REASONABLY LIKELY TO
 ACCOMMODATE PERSONS TRAVELING FROM WITHIN THE STATE,  INCLUDING  EVENING
 AND/OR  WEEKEND  HOURS,  (B)  VISITS OF SUFFICIENT DURATION, INCLUDING A
 MINIMUM OF ONE HOUR AT LOCAL CORRECTIONAL FACILITIES  SO  THAT  VISITORS
 AND INCARCERATED PEOPLE WILL BE ABLE TO MAINTAIN RELATIONSHIP BONDS, AND
 (C) A PUBLISHED OVERCROWDING POLICY THAT IS EQUITABLE WITH DUE CONSIDER-
 ATION  TO  THE  DISTANCE  TRAVELED  BY THE VISITOR, THE FREQUENCY OF THE
 VISITOR'S  VISITS,  THE  MOST  RECENT  OCCASION  THAT  THE  INCARCERATED
 PERSON'S  VISIT  WAS TERMINATED DUE TO OVERCROWDING, AND ANY OTHER INDI-
 VIDUAL CIRCUMSTANCES THAT LIMIT IN-PERSON VISITS BETWEEN THE INCARCERAT-
 ED PERSON AND THE VISITOR.
   2. VIDEO CONFERENCING MAY SUPPLEMENT, BUT SHALL NOT TAKE THE PLACE OF,
 IN-PERSON VISITS.
   3. NO INCARCERATED PERSON IS TO BE VISITED AGAINST HIS OR HER WILL  BY
 ANY PERSON.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
              

co-Sponsors

2023-S3318A (ACTIVE) - Details

See Assembly Version of this Bill:
A6488
Current Committee:
Assembly Ways And Means
Law Section:
Correction Law
Laws Affected:
Add §138-b, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7241
2019-2020: S2698, A2483
2021-2022: S2841, A4250

2023-S3318A (ACTIVE) - Summary

Establishes visiting policies for incarcerated people, to provide incarcerated people opportunities for personal contact with relatives, friends, clergy, volunteers and other persons to promote better institutional adjustment and better community adjustment upon release.

2023-S3318A (ACTIVE) - Sponsor Memo

2023-S3318A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3318--A
     Cal. No. 368
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, BAILEY, BRISPORT, BROUK, CLEARE, GIANAR-
   IS, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, MYRIE, RAMOS, RIVERA,
   SALAZAR, SANDERS -- read twice and ordered printed, and  when  printed
   to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
   ably 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 the establishment of
   visiting policies for incarcerated people
 
   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 138-b
 to read as follows:
   §  138-B.  VISITING POLICIES FOR THE INCARCERATED. 1.  STATE AND LOCAL
 CORRECTIONAL FACILITIES SHALL ESTABLISH  VISITING  POLICIES  WHICH  GIVE
 INCARCERATED PEOPLE OPPORTUNITIES FOR IN-PERSON CONTACT WITH THEIR RELA-
 TIVES,  CHILDREN,  FRIENDS,  CLERGY,  VOLUNTEERS  AND  OTHER  PERSONS TO
 PROMOTE INDIVIDUAL TRANSFORMATION, BETTER INSTITUTIONAL  ADJUSTMENT  AND
 BETTER  COMMUNITY  ADJUSTMENT  UPON RELEASE. SUCH PROGRAM SHALL INCLUDE,
 BUT NOT BE LIMITED TO, (A) VISITING HOURS THAT ARE REASONABLY LIKELY  TO
 ACCOMMODATE  PERSONS  TRAVELING FROM WITHIN THE STATE, INCLUDING EVENING
 HOURS STARTING AT SIX O'CLOCK P.M.  AND/OR WEEKEND HOURS, (B) VISITS  OF
 SUFFICIENT  DURATION,  INCLUDING  A MINIMUM OF ONE HOUR AT LOCAL CORREC-
 TIONAL FACILITIES SO THAT VISITORS AND INCARCERATED PEOPLE WILL BE  ABLE
 TO  MAINTAIN RELATIONSHIP BONDS, AND (C) A PUBLISHED OVERCROWDING POLICY
 THAT IS EQUITABLE WITH DUE CONSIDERATION TO THE DISTANCE TRAVELED BY THE
 VISITOR, THE FREQUENCY OF THE VISITOR'S VISITS, THE MOST RECENT OCCASION
 THAT THE INCARCERATED PERSON'S VISIT WAS TERMINATED DUE TO OVERCROWDING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00238-03-4
              

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