Relates to allowing telephone calls prior to an incarcerated individual's transfer except under exceptional circumstances.
Summary
S01050 would amend the New York correction law to require that, immediately before an incarcerated individual is transferred from one correctional facility to another, the Department of Corrections and Community Supervision electronically notify the person’s next of kin or personal representative and allow the incarcerated individual at least one free personal phone call. The bill also preserves an exception for “exceptional circumstances” where a call would create an unacceptable risk to the safety and security of incarcerated individuals or staff, and requires a contemporaneous written record when a call is denied on that basis.
The bill further provides that, within 24 hours after arrival at the receiving facility, the transferred incarcerated individual must be allowed at least one personal phone call unless security concerns make that impossible. If security precautions prevent the call, a designated staff member must make a call to a person of the incarcerated individual’s choice unless the person declines. The measure takes effect 30 days after enactment.
Impact
The bill would modify Correction Law section 23 governing inmate transfers by adding a pre-transfer communication right and reinforcing post-transfer communication access. It would impose new operational duties on correctional facilities, including advance electronic notification to family or a personal representative, documentation when calls are withheld, and staff-assisted calls when direct calls are not possible. The primary affected parties are incarcerated individuals, their families or representatives, and correctional administrators responsible for transfer procedures and security determinations.
Sentiment
The available voting history suggests the bill has generally favorable support but not unanimous backing. It passed the Senate Crime Victims, Crime and Correction Committee by 6-1 in 2025 and 5-1 in 2026, and it also cleared the Senate floor in both years with majority support, though with a notable number of dissenting votes. That pattern indicates broad agreement with the bill’s family-contact goal, alongside some concern about its operational or security implications.
Contention
The main point of contention is the balance between incarcerated individuals’ communication rights and correctional safety and security. Supporters appear to favor ensuring notice and a final phone call before transfer, likely to reduce confusion and maintain family contact, while opponents or dissenting members likely object to the added administrative burden or to limiting staff discretion in urgent or high-risk transfer situations. The bill’s exception for “exceptional circumstances” and requirement for written documentation suggest that security concerns were central to the debate.
Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.
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