NYC Council Member Andy King introduced legislation (Int. 10849) today that would bring much needed oversight and transparency to current New York City Department of Correction (DOC) procedures concerning inmate transfers to facilities outside of the five boroughs.
Currently, DOC can transfer individuals to another State correction facility without providing timely notice to the actual individual or the individual’s attorney. This leaves little room for intervention if the transfer is unwanted. Existing procedure does not even afford incarcerated people the opportunity to notify relatives in an expedient fashion of a potential transfer.
Unwanted transfers can carry a whole set of consequences that restrict an incarcerated person’s involvement in their case, and access to their relatives and support network.
Specifically, this legislation would require DOC to:
• Institute an internal review procedure for each transfer request
• Notify an incarcerated person of the decision to seek their transfer
• Permit incarcerated people to notify up to three personal contacts by telephone immediately after receiving a notice of potential transfer
• Provide for notice to an incarcerated person’s attorney
• Maintain an electronic record of all transfer requests
“New Yorkers imprisoned in our city’s correction system deserve to be respected as people not chattel,” said Council Member Andy King. “With my legislation, we are ensuring that the process of transferring an inmate will be transparent and the incarcerated will be fully aware of their transfer applications. Nothing should be done in secrecy.”
“It’s as simple as this - our clients shouldn’t be moved overnight without ample notice provided to their attorney and family allowing a chance to intervene if necessary,” said Tina Luongo, Attorney-In-Charge of the Criminal Practice at The Legal Aid Society. “This has happened too often to many of our clients, impacting their cases and access to family. We applaud Council Member King for introducing this legislation and his leadership on crucial criminal justice issues.”
Editor's Note:
If this is not voted on by the city council by December 31st, this and all other proposed legislation not voted on by the council must be reintroduced when the new city council meets after January 1st 2018.
