Establishes a bill of rights for family members and visitors of incarcerated individuals including the establishment of an independent office for visitation oversight to monitor implementation, receive complaints, and ensure compliance.
Impact
Should this bill pass, it would amend the New York correction law by adding new regulations that hold correctional facilities accountable for their visitation and communication policies. This includes requirements for transparency in visitation policy and mandates that facilities provide clear explanations for any denials of visitation requests. The bill also includes stipulations that care packages brought for incarcerated individuals should generally be allowed unless there is a documented security risk, aiming to enhance support for families and maintain connections between inmates and their loved ones.
Summary
Bill S07657 aims to establish a comprehensive set of rights for family members and visitors of incarcerated individuals in New York. The proposed legislation includes provisions that ensure these individuals are treated fairly and with respect by correctional facility staff. It outlines that no family member or visitor should face harassment or discrimination simply due to their relationship with the incarcerated person. Additionally, it seeks to guarantee the right to communication through phone calls, visitation, and letters, limiting barriers imposed by correctional facilities to those necessary for safety and security.
Contention
Although the intent of S07657 is to enhance the rights of families and visitors, there may be contention regarding the enforcement of these regulations within correctional facilities. Critics may raise concerns about how these provisions would be implemented practically and whether existing staff would receive the necessary training to support these changes. Moreover, there might be discussions about the balance between security concerns and the rights of family members, and whether the proposed oversight office would effectively monitor compliance and address complaints in a timely manner.
Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; establishes an independent medical oversight body to monitor and evaluate the quality of medical care provided to incarcerated individuals within correctional facilities and to ensure compliance with constitutional and statutory requirements for adequate medical care; provides penalties for certain violations; requires the department of corrections and community supervision to collect data on medical incidents, response times, and correctional facility compliance with certain requirements, and to publish an annual report detailing such data.
Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors in addition to incarcerated individuals.
Establishes an independent office of chief medical examiner in the state commission of correction; requires that every death of an incarcerated individual in a correctional facility immediately be reported to the office of the chief medical examiner; establishes duties and responsibilities of the office; repeals certain provisions relating thereto.
Establishes a digital legal mail program for the delivery of privileged correspondences to incarcerated individuals housed at correctional facilities; requires law offices sending legal mail via digital platforms to incarcerated individuals to register with the department of corrections.
Establishes a digital legal mail program for the delivery of privileged correspondences to incarcerated individuals housed at correctional facilities; requires law offices sending legal mail via digital platforms to incarcerated individuals to register with the department of corrections.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
Establishes procedures to be followed when the body scan of an incarcerated individual, employee or visitor to a correctional facility displays alleged abnormalities; requires staff discipline for staff who have wrongfully denied visitation to a visitor or entry to an employee based on a body scan; requires the collection and reporting of certain information relating to visitation and entry denials based on body scans; requires such law to be posted in visitor processing areas of correctional facilities.
Establishes the detention support program in the office for new Americans to provide financial assistance to individuals and families of detained persons, including for bond payments to secure release from detention and travel stipends to facilitate visitation with detained individuals; establishes the detention support program fund.
Increases the penalties for promoting prison contraband in the first and second degrees; requires that each state correctional facility use body imaging scanning for all incarcerated individuals and visitors entering such facility; requires state correctional facilities to use trained canines to screen for contraband at the entrance of each facility.
Provides for the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among incarcerated individuals and staff.