NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8190A
SPONSOR: Weprin 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 OR GENERAL IDEA OF BILL:
To provide that state incarcerated individuals transferred to a new
correctional facility are able to call their families 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.
Section 2 provides an effective date.
JUSTIFICATION:
Incarcerated individuals 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 by bus to their new facility.
The bus may take several days to arrive at the new facility, since it
usually makes other stops along the way. Once an incarcerated individual
reaches a new facility, they are initially placed in special housing and
then eventually transferred to general population.
Unfortunately, many family members and loved ones take trips and spend
money in order visit the incarcerated individual, just to be turned away
upon arrival because their loved one has been transferred to a new
facility. DOCCS does not tell family members when an incarcerated indi-
vidual is being transferred and since the incarcerated individuals are
locked down, they cannot phone home. Allowing an incarcerated individual
to call home prior to being transferred can help relieve the stress that
incarcerated individuals 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 packages that may become lost in the mail. The electronic
notice ensures that the next of kin or personal representative is noti-
fied in case they missed the call.
This bill follows current DOCCS practice of allowing an incarcerated
individual to phone home once the transfer is completed but expands that
practice by permitting incarcerated individuals to call their loved ones
immediately prior to being transferred too.
PRIOR LEGISLATIVE HISTORY:
2020-2021: A.8190, referred to correction
2019-2020: S3100, died on third reading; A6867, died in correction, died
on third reading
2018: S8966A, died in rules; A10829B, died on third reading
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law
