BILL NUMBER: S1050
SPONSOR: SALAZAR
 
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,
allowing an incarcerated individual to make at least one personal phone
call, free of charge, immediately prior to a transfer, unless the call
would create an unacceptable risk to the safety and security of incar-
cerated individuals or staff.
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 to their new facility. The
transfer process can take several days to arrive at the new facility,
since it usually makes other stops along the way.
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 pack-
ages that may become lost in the mail. Additionally, the information
regarding an individual's transfer does not show up on the DOCCS website
until after the individual has arrived in the new facility, so without
contact from the individual - which cannot happen under the current
system there is no way for a family to know where their loved one is
being transferred.
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:
SENATE:
2024: S4071 (Salazar) - Referred to Crime Victims, Crime and Correction,
Reported, Passed Senate.
2023: S4071 (Salazar) - Referred to Crime Victims, Crime and Correction,
Reported to Finance, Reported, Passed Senate.
2021-2022: S402B (Biaggi)- Referred to Crime Victims, Crime and
Correction, Committed to Rules, Passed Senate, Vetoed by Governor, Veto
message 121.
2019-2020: S3100 (Biaggi)- Referred to Crime Victims, Crime, and
Correction, Reported, Committed to Rules.
2018: S8966A (Hamilton)- Referred to Rules ASSEMBLY:
2023-2024: A6490 (Weprin) - Referred to Correction
2021-2022: A8190A (Weprin)- Referred to Correction, Reported, Passed
Assembly, Vetoed by Governor, veto message 121.
2019-2020: A6867 (Mosely)- Referred to Correction, Reported.
2018: A10829B (Mosely)- Referred to Correction, Reported.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law

Statutes affected:
S1050: 23 correction law, 23(1) correction law