What's happening
This bill requires state and local correctional facilities to provide inmates with free, confidential phone calls to legal service providers or attorneys.
Why it matters
Strengthens legal rights for incarcerated people. by ensuring they have unimpeded, confidential communication with their legal counsel—key for preparing a defense, pursuing appeals, or addressing civil rights violations.
Reduces financial barriers. by eliminating charges for legal phone calls, which can otherwise be prohibitively expensive for inmates and their families, thus promoting more equitable access to justice regardless of economic status.
Enhances attorney-client privilege. by prohibiting correctional facilities and contracted service providers from monitoring or recording these calls, making it less likely sensitive legal strategies or personal information will be compromised.
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Who cares
Headline styles
Allow Private Inmate Calls
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- 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.
Let Inmates Call Lawyers Privately
In Assembly Committee · Correction · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5563
2019-2020 Regular Sessions
IN SENATE
May 7, 2019
Introduced by Sen. MONTGOMERY -- 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 inmate access to confidential phone calls
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 623 of the correction law is amended by adding a new subdivision 5 to read as follows:
5. In order to provide unimpeded access to the courts, all inmates in state and local correctional facilities shall be permitted confidential telephone calls with legal service providers or any attorney in the state without charge to the inmate or the attorney. No such telephone call may be recorded, monitored or unreasonably restricted by such correctional facility, the department or any other entity entering into a contract to provide inmate telephone services, however, such telephone call may be subject to restrictions and recordings by such legal services provider or attorney.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11317-01-9
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 inmate access to confidential phone calls
Purpose or general idea of bill
To provide for confidential telephone calls between incarcerated people and their attorneys.
Summary of specific provisions
Section 1 amends Correction Law Section 623 by adding a new subdivision 5 providing for telephone calls free of charge between incarcerated people and their attorneys.
Section 2 is the effective date.
Justification
New digitized telephone systems have made it cheaper and easier for incarcerated people to call their friends and families. However, some of the new phone systems do not guarantee privacy in inmate phone calls to their attorneys and routinely record such phone calls. In fact, Securus, the current provider of phone services for DOCCS, commonly releases inmate phone records, including calls to attorneys, to law enforcement in other states without a warrant and in violation of the inmates' right to confidential attorney-client communications. The US and NY consti- tutions require inmates to have access to the courts, which is achieved in part by private communications with attorneys.
Additionally, some county jails have begun to restrict attorney phone calls to attorneys who have their offices less than 50 miles from the jail where their client is incarcerated. These jails force the attorneys to drive to the jail to talk to their clients rather than permit them a simple phone call. Beyond an inconvenience to the attorney, this prac- tice is an impediment to the inmates' right of access to the courts and must be stopped.
In order to have effective legal counsel, inmates and their attorneys must be able to have private telephone conversations as needed. Such conversations should not be restricted or monitored by correctional facilities or their telephone service providers. This bill makes that clear. It does not require new phone lines to be installed; it simply requires correctional facilities to continue the prior practice of permitting an inmate to speak to his or her attorney alone on a confi- dential private line in his or her counselor's office or on any unre- corded telephone line
Prior legislative history
New bill.
Fiscal implications
None
Local fiscal implications
None
Effective date
30 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.