BILL NUMBER: S5037
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to the establishment of
visiting policies for incarcerated individuals
 
PURPOSE:
To establish a visiting program in state and local correctional facili-
ties.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new section 138-b to the correction law establishing a
section authorizing a visitation program for incarcerated individuals.
Clarifies that video conferencing may supplement but not take the place
of in-person visits and further clarifies that individuals that are
incarcerated have the right to accept or deny a visit.
Section 2 provides an effective date.
 
JUSTIFICATION:
Research has shown that incarcerated individuals who receive visits from
family, friends and volunteers are significantly less likely to recidi-
vate than those who do not receive visits. DOCCS has long allowed visi-
tation in its facilities, although nothing in law requires them to do
so. The benefits of a visitation program include but are not limited to:
providing jobs for correctional staff, incentivizing program partic-
ipation; increasing the morale of those that are incarcerated, improves
facility safety, and facilitating reentry through the preservation of
family bonds.
This bill ensures that video visitation may not take the place of
in-person visiting. The goal of the visitation program is to provide
institutional safety, rehabilitation and public safety. This legislation
also calls for a policy to be created to facilitate visitations during
high peak times. Additionally, it requires that these facilities also
offer visiting during evenings and weekends.
 
LEGISLATIVE HISTORY:
S.3318A of 2023-2024; Passed Senate, Delivered to Assembly, Referred to
Ways and Means;
S.3318 of 2023: Passed Senate
S. 2841-A of 2021-22: Passed Senate, Referred to Ways and Means;
S. 2698 of 2020: Referred to Crime Victims, Crime and Correction;
S. 2698 of 2019: Passed Senate, Died in Assembly;
A. 7241-A of 2018: Died in Senate, Amended on Third Reading;
A. 7241 of 2017: Passed Assembly, Referred to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law.