What's happening
This bill requires that inmates in disciplinary or segregated confinement be allowed at least one personal phone call within 24 hours and weekly thereafter, unless it poses a safety risk.
Why it matters
Supports inmates' connections to family and community. By guaranteeing regular phone access, even for those in disciplinary or segregated confinement, the bill helps maintain vital social ties that can improve mental health and reduce recidivism.
Establishes minimum communication rights. The mandated phone call within 24 hours and weekly thereafter sets a clear baseline for humane treatment, rather than leaving access up to the discretion of correctional staff.
Balances security with inmate rights. The exception for safety or security risks ensures that institutions can still restrict calls when absolutely necessary, but cannot use vague or arbitrary reasons to deny communication.
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Who cares
Headline styles
Allow Inmate Phone Calls
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Substituted by A2285
- Advanced to third reading
- 2nd report cal.
- 1st report cal.25
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Guarantee Inmate Phone Calls
Signed by Governor · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1850
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to personal phone calls for inmates in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 137 of the correction law is amended by adding a new paragraph (g) to read as follows:
(g) Within twenty-four hours of disciplinary confinement, keeplock pending a disciplinary hearing, placement in a segregated confinement unit for administrative purposes, or placement in a residential mental health treatment unit, and at weekly intervals thereafter for the duration of such confinement, an inmate shall be permitted to make at least one personal phone call, except when to do so would create an unacceptable risk to the safety and security of inmates or staff.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00815-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to personal phone calls for inmates in certain circumstances
Purpose
To allow state prison inmates entering solitary confinement in special housing units (SHU) and in residential mental health treatment units to make a telephone call upon admission into SHU and at least once a week thereafter.
Summary of provisions
Section I of the bill amends subdivision six of section 137 of the correction law to allow an inmate to make a telephone call upon his or her admission into solitary confinement, keeplock, a residential mental health treatment program and administrative segregation and at least once per week thereafter.
Section II sets forth the effective date.
Justification
There are approximately 4,000 inmates confined to special housing units (SHU) within the state prison system as a result of disciplinary sanc- tions. Currently, inmates being held in SHU on such sanctions are confined to a cell for 23 hours per day, with an hour of outdoor recre- ation in a fenced-in pen or cage, and lose other privileges including access to telephone calls, personal property, packages and commissary.
SHU inmates are limited to one visit per week or may be prohibited from receiving any visits at all. For a sanction which exceeds six months, inmates are often transferred to a dedicated SHU facility in either Chemung or Franklin counties. Since these facilities are far from the urban and suburban communities where most inmates' families reside, transfers often result in few, or no, visits during an inmate's SHU confinement. Visits have become even less frequent since the elimination of the free bus program from the state budget.
The impact of solitary confinement on the family of an inmate is a significant burden in its own right. A parent, spouse or child of the inmate often has no idea of what has happened to his or her loved one when telephone calls suddenly cease.
While an inmate has a constitutional right to correspondence, there are times when postage, paper and writing implements are not present, and correspondence to and from the correctional facility may be delayed or unreliable. Permitting inmates to make telephone calls,upop admission into SHU and at weekly intervals ensures that family members'are not left wondering what has happened to their loved ones.
Legislative history
2016: S985 Montgomery/A4620 Rozic. Passed Assembly.
2018: S8646 Sepulveda/A1208 Rozic. Referred to Crime Victims, Crime and Correction.
Fiscal impact on the state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.