Legislation
SECTION 56
Prisoner's right to communicate with friends
New York City Criminal Court Act (CRC) CHAPTER 697, ARTICLE 5
§ 56. Prisoner's right to communicate with friends. (1) The
commissioner of correction of the city of New York shall cause to be
placed in each district prison a notice in several languages, setting
forth that prisoners have the right to send a message or to write to or
cause their relatives or friends to be telephoned to in the manner
hereinafter set forth, and also stating the rates of messenger service.
Whenever a person is detained in a district prison the keeper or other
person in charge shall, at the request of such prisoner, telephone,
without cost, to one number in the city of New York given him by said
prisoner in an effort to reach his relatives and friends, or, at the
option of the prisoner, give him a stamped envelope free of charge, or
at cost an envelope with necessary postage for a special delivery
letter. The keeper or other person in charge shall, at the request of
such prisoner, telephone to such other numbers as the prisoner may
request upon the payment of the regular telephone charge for the same.
It shall be the duty of the lieutenant, or other officer in charge at
the police station, to telephone free of charge to three numbers at the
request of the prisoner. In each case the lieutenant, or other officer
in charge of the station house, or the keeper, or other person in charge
of the district prison, shall inform the prisoner of his opportunity to
telephone or receive a stamped envelope and postage as above set forth,
and in addition thereto, in each district prison there shall be
installed a messenger telegraph service, and whether the prisoner sends
a message by said service or by a messenger he shall not be charged any
sum greater than the customary rate for similar service from any other
place in the city.
(2) At the time of the arraignment of a defendant, the judge shall
inform said defendant that he is entitled to communicate with his
relatives or friends, by letter or telephone free of charge. But the
failure of the judge to give the warning prescribed herein shall not be
deemed a reason to reverse a judgment of conviction unless such failure
is shown to have deprived the defendant of a fair trial.
commissioner of correction of the city of New York shall cause to be
placed in each district prison a notice in several languages, setting
forth that prisoners have the right to send a message or to write to or
cause their relatives or friends to be telephoned to in the manner
hereinafter set forth, and also stating the rates of messenger service.
Whenever a person is detained in a district prison the keeper or other
person in charge shall, at the request of such prisoner, telephone,
without cost, to one number in the city of New York given him by said
prisoner in an effort to reach his relatives and friends, or, at the
option of the prisoner, give him a stamped envelope free of charge, or
at cost an envelope with necessary postage for a special delivery
letter. The keeper or other person in charge shall, at the request of
such prisoner, telephone to such other numbers as the prisoner may
request upon the payment of the regular telephone charge for the same.
It shall be the duty of the lieutenant, or other officer in charge at
the police station, to telephone free of charge to three numbers at the
request of the prisoner. In each case the lieutenant, or other officer
in charge of the station house, or the keeper, or other person in charge
of the district prison, shall inform the prisoner of his opportunity to
telephone or receive a stamped envelope and postage as above set forth,
and in addition thereto, in each district prison there shall be
installed a messenger telegraph service, and whether the prisoner sends
a message by said service or by a messenger he shall not be charged any
sum greater than the customary rate for similar service from any other
place in the city.
(2) At the time of the arraignment of a defendant, the judge shall
inform said defendant that he is entitled to communicate with his
relatives or friends, by letter or telephone free of charge. But the
failure of the judge to give the warning prescribed herein shall not be
deemed a reason to reverse a judgment of conviction unless such failure
is shown to have deprived the defendant of a fair trial.