Directs the commissioner of corrections and community supervision to establish procedures to allow an incarcerated individual in a correctional facility which has suspended visiting privileges to have private meetings with their legal counsel.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8230
SPONSOR: Dilan TITLE OF BILL:
An act to amend the correction law, in relation to providing for access
to legal counsel when a correctional facility has suspended visiting
privileges
PURPOSE OR GENERAL IDEA OF BILL:
The bill would ensure that incarcerated individuals have access to legal
counsel when correctional facility suspend visiting privileges.
SUMMARY OF PROVISIONS:
Section 1: amends section 112 of the correction law by adding a new
subdivision which requires the commissioner to allow an incarcerated
individual in a correctional facility to be able to have private meet-
ings with legal counsel during a period where prison suspended visiting
privileges.
JUSTIFICATION:
Current state law provides no plan when it comes to allowing incarcerat-
ed people to speak to attorneys in the event a prison facility denies,
limits or suspends visitor's meetings to maintain the "safety, security
and good order of the facility". This legislation requires prison facil-
ities to allow incarcerated people to meet with their attorneys.
On March 4, 2025, Prisoner Legal Services (PLS) filed a petition suing
New York State's Department of Correction and Community Supervision
(DOCCS) in response to being unable to speak to their clients in prisons
during an ongoing labor dispute in DOCCS prisons.
PLS attorneys have attempted to have a legal call with a client incar-
cerated at Mid-State Correctional Facility who they were unable to
contact. The client had a March 20, 2025, deadline for a notice of
appeal in state court. On March 3 the client's attorney received a
report that they were assaulted by members of the prison's correctional
staff on February 28 or March 1. This legislation would allow attorneys
and their clients the ability to meet in private for as long as they
would need during an suspension.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8230
2025-2026 Regular Sessions
IN ASSEMBLY
May 5, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to providing for access
to legal counsel when a correctional facility has suspended visiting
privileges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 112 of the correction law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. The commissioner shall establish procedures to allow an incarcerat-
4 ed individual in a correctional facility which has suspended visiting
5 privileges to have private meetings with their legal counsel. Such
6 private meetings may be held in-person, via telephone, or electron-
7 ically.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11113-02-5
