BILL NUMBER: S8492
SPONSOR: STEC
 
TITLE OF BILL:
An act to amend the correction law, in relation to establishing a
digital legal mail program
 
PURPOSE:
To establish a digital delivery system for legal mail with state correc-
tional facilities.
 
SUMMARY OF PROVISIONS:
Section 1 - Adds a new subdivision to section 112 of the correction law,
which would require the DOCCS commissioner to establish a digital deliv-
ery system for legal mail. It would require law offices to register with
the department ahead of sending digital legal mail. It would also
require DOCCS to establish a secure system through which legal mail
could be sent.
Section 2 - Provides effective date.
 
JUSTIFICATION::
The regularity of instances in which DOCCS employees are rushed to emer-
gency rooms and treated for possible drug exposure after responding to
an ailing inmate displays a failure of New York state to secure its
correctional facilities.
Prison officials have identified legal mail as an obvious source of
contraband inflow. Legal mail is privileged and often not subject to the
same strict inspection as other types of packages an incarcerated indi-
vidual might receive.
Recently, DOCCS officials have uncovered situations in which bad actors
have sent falsified legal mail, addressed from non-existent law offices,
in an effort to exploit the special protections afforded to
attorney/client privilege. Those packages often contain drugs or other
illicit substances.
Most incarcerated individuals have access to tablets and a secure intra-
net. Most correctional facilities have law libraries where incarcerated
individuals could access and print these correspondences. It's only
sensible to use the technology now available to protect state employees
and incarcerated individuals, alike. This legislation would be instru-
mental in stemming the flow of drugs and contraband right now infiltrat-
ing the state's correctional facilities.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
Administrative costs
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8492: 112 correction law