New York Assembly Bill A06164 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6164 2025-2026 Regular Sessions  IN ASSEMBLY February 26, 2025 ___________ Introduced by M. of A. LEVENBERG, GONZALEZ-ROJAS, SIMON -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to prohibiting the limi- tation of in-person visitation of incarcerated individuals 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 138-b 2 to read as follows: 3 § 138-b. Prohibited limitation of in-person visitation of incarcerated 4 individuals. 1. A correctional facility shall not: 5 (a) prohibit, eliminate, or unreasonably limit in-person visitation of 6 incarcerated individuals; or 7 (b) coerce, compel, or otherwise pressure an incarcerated individual 8 to forego or limit in-person visitation. 9 2. For the purposes of this section, to unreasonably limit in-person 10 visitation of incarcerated individuals shall include, but not be limited 11 to, providing an eligible incarcerated individual fewer than two oppor- 12 tunities for in-person visitation during any seven-day period. 13 3. A correctional institution, jail or house of correction may use 14 video or other types of electronic devices for incarcerated individual 15 communication with visitors; provided, however, that such electronic 16 communications shall be in addition to and shall not replace in-person 17 visitation. 18 4. Nothing in this section shall prohibit the temporary suspension of 19 visitation privileges for good cause, including, but not limited to, 20 misbehavior or during certain emergencies, as determined by the depart- 21 ment. 22 § 2. This act shall take effect on the thirtieth day after it shall 23 have become a law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08555-01-5