Bill Text: NY A06257 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to inmate telephone services at local correctional facilities.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-02-04 - print number 6257a [A06257 Detail]

Download: New_York-2019-A06257-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6257--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2019
                                       ___________

        Introduced  by  M. of A. HYNDMAN, ARROYO, BLAKE, WEPRIN, WALKER, SAYEGH,
          DARLING -- read once and referred to the Committee  on  Correction  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the correction law,  in  relation  to  inmate  telephone
          services at local correctional facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new section 623-a
     2  to read as follows:
     3    § 623-a. Inmate telephone services at local  correctional  facilities.
     4  1. Telephone services contracts for inmates in local correctional facil-
     5  ities  shall  be  subject  to the procurement provisions as set forth in
     6  article five-A of the general municipal law provided, however, that when
     7  determining the best value of such telephone service, the lowest  quali-
     8  fied  bidder  in  accordance  with  the safety requirements of the local
     9  correctional facility shall be emphasized.
    10    2. The sheriff of such local correctional facility shall  make  avail-
    11  able  either a prepaid or collect call system, or a combination thereof,
    12  for telephone service. Under the prepaid system, funds may be  deposited
    13  into  an  account in order to pay for station-to-station calls, provided
    14  that nothing in this subdivision shall require the sheriff to provide or
    15  administer a prepaid system. Under a collect call system,  call  recipi-
    16  ents  shall  be billed for the cost of an accepted telephone call initi-
    17  ated by an inmate. Under such  collect  call  system,  the  provider  of
    18  inmate  telephone  service,  as  an  additional  means of payment, shall
    19  permit the recipient of inmate calls to establish an account  with  such
    20  provider  in  order  to  deposit  funds to pay for such collect calls in
    21  advance.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07646-03-0
        A. 6257--A                          2

     1    3. The commission, in consultation with local correctional facilities,
     2  shall establish rules and regulations or procedures to ensure  that  any
     3  inmate phone call system established by this section provides reasonable
     4  security  measures  to  preserve the safety and security of each correc-
     5  tional  facility,  all  staff and all persons outside a facility who may
     6  receive inmate phone calls.
     7    4. Pursuant to rules and regulations established by the department and
     8  the commission, a local correctional facility may request to participate
     9  in a contract procured by the department pursuant to subdivision one  of
    10  section six hundred twenty-three of this article. A copy of such request
    11  shall  be  provided  to the commission.   The cost and administration of
    12  telephone services secured pursuant to this subdivision shall  be  borne
    13  by the local correctional facility.
    14    §  2.  Section  623  of  the correction law is amended by adding a new
    15  subdivision 5 to read as follows:
    16    5. Upon application by  a  local  correctional  facility  pursuant  to
    17  subdivision  eighteen of section forty-five of this chapter, the depart-
    18  ment may include such local correctional facility under  a  contract  it
    19  procures  to  receive  inmate telephone services pursuant to subdivision
    20  one of this section provided that such inclusion has  no  fiscal  impact
    21  on, or requires continuing administration by, the department.
    22    §  3.  Section  45  of  the  correction law is amended by adding a new
    23  subdivision 18 to read as follows:
    24    18. Promulgate rules and regulations, in consultation with the depart-
    25  ment, for inmate  telephone  services  provided  in  local  correctional
    26  facilities  and  to  assure  that  such telephone services contracts are
    27  subject to the procurement provisions as set forth in article five-A  of
    28  the  general  municipal  law and that when determining the best value of
    29  such telephone service, the lowest possible cost to the  telephone  user
    30  shall  be  emphasized. Such rules and regulations shall also provide for
    31  application by a local  correctional  facility  to  participate  in  the
    32  following  inmate  telephone  services contract that shall be secured by
    33  the department for state correctional facilities provided that the  cost
    34  and  administration  of  the  services applied for shall be borne by the
    35  local correctional facility.
    36    § 4. This act shall take effect April  1,  2021  and  shall  apply  to
    37  contracts  for  inmate  telephone  services  issued,  renewed, modified,
    38  altered or amended on or after  such  effective  date  and  any  new  or
    39  renewal  contract  for  inmate  telephone services entered into prior to
    40  April 1, 2020 shall not run past March 31, 2021.