S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4603
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A. WEPRIN, WALKER, EPSTEIN, REYES, CRUZ, HUNTER,
   TAYLOR, BURDICK,  GONZALEZ-ROJAS,  JACKSON,  BARRETT,  GIBBS,  DAVILA,
   KELLES, SIMONE, SEPTIMO, TAPIA, BURKE, CUNNINGHAM, CLARK, MEEKS, SHIM-
   SKY,    HEVESI,   DINOWITZ,   MAMDANI,   SIMON,   ZACCARO,   ANDERSON,
   BICHOTTE HERMELYN,    LEVENBERG,    BORES,    ROSENTHAL,    GALLAGHER,
   CHANDLER-WATERMAN,  HYNDMAN,  SEAWRIGHT,  SHRESTHA, FORREST, MITAYNES,
   ZINERMAN, RAGA, PAULIN -- read once and referred to the  Committee  on
   Correction
 
 AN  ACT to amend the correction law, in relation to the establishment of
   visiting policies for incarcerated individuals
 
   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  INDIVIDUALS OPPORTUNITIES FOR IN-PERSON CONTACT WITH THEIR
 RELATIVES, 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 INDIVIDUALS 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 INDIVIDUAL'S VISIT WAS TERMINATED DUE  TO
 OVERCROWDING,  AND ANY OTHER INDIVIDUAL CIRCUMSTANCES THAT LIMIT IN-PER-
 SON VISITS BETWEEN THE INCARCERATED INDIVIDUALS AND THE VISITOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07456-01-5
              

 A. 4603                             2
 
   2. VIDEO CONFERENCING MAY SUPPLEMENT, BUT SHALL NOT TAKE THE PLACE OF,
 IN-PERSON VISITS.  FOR THE PURPOSES OF THIS SECTION, VIDEO  CONFERENCING
 OR  OTHER  TECHNOLOGIES  THAT  ENABLE  REMOTE VISITATION SHALL NOT COUNT
 TOWARD THE REQUIRED NUMBER OF VISITS OR DURATION OF VISITATION THAT  ANY
 FACILITY MUST OFFER TO INCARCERATED INDIVIDUALS BY LAW OR REGULATION.
   3.  NO INCARCERATED INDIVIDUAL IS TO BE VISITED AGAINST SUCH INCARCER-
 ATED INDIVIDUAL'S WILL BY ANY PERSON.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.