senate Bill S6077

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions closest to their children's home

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.

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Bill Details

See Assembly Version of this Bill:
A8846
Versions:
S6077
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd ยง158, Cor L

Sponsor Memo

BILL NUMBER:S6077

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring the department of
corrections and community supervision to place incarcerated parents at
correctional institutions and facilities closest to their children's
home

PURPOSE:
Requires DOCCS to place persons in correctional facilities located in
closest proximity to the primary place of residence of such person's
minor child or children.

SUMMARY OF PROVISIONS:
Amends section 158 of the correction law as, as added by chapter 788
of the laws of 1968, by designating the opening paragraph as
subdivision 1, and adding two new subdivisions 2 and 3.

The new subdivision 2 requires the commissioner to place persons in
correctional institutions or facilities located in closest proximity
to where the inmate's minor child or children reside, provided such
placement is appropriate and would facilitate increased contact
between the person in prison inmate his/her child(ren), and is in the
best interest of the child(ren).

The new subdivision 3 requires that DOCCS, in consultation with the
office of probation and correctional alternatives as well as the
office of children and family services, develop assessment procedures
and criteria to determine whether proximity placement is in the best
interest of the child(ren).

JUSTIFICATION:
Over 100,000 children in New York State have at least one parent in
state prison. Experts in the field of criminal justice generally
agree that in the vast majority of cases, children who have a parent
in prison benefit from being able to have personal contact and
communication with them. Children and parents have indicated how
important it is that they see each other, and research supports this.
Consistent, ongoing contact reduces the strain of separation, lowers
recidivism, and is the single most important factor in determining
whether a family will reunify after a prison term. However, at
present, a majority of individuals are being housed in facilities
that are hours away from their children and families.

It is important that children maintain and increase their access to
their parent(s) who are in prison. The criteria for deciding where
individuals are housed, including decisions about transfers between
facilities, should include proximity to children (after security,
mental health, and medical needs).

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6077                                                  A. 8846

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  N. RIVERA -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation to requiring the depart-
  ment of corrections and community supervision  to  place  incarcerated
  parents  at  correctional institutions and facilities closest to their
  children's home

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 158 of the correction law,
as added by chapter 788 of the laws of 1968, is designated subdivision 1
and two new subdivisions 2 and 3 are added to read as follows:
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN DETERMINING PLACEMENT FOR A PERSON IN CUSTODY OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER SHALL PLACE SUCH
PERSON  IN  THE CORRECTIONAL INSTITUTION OR FACILITY WHICH IS LOCATED IN
CLOSEST PROXIMITY TO THE PRIMARY PLACE OF  RESIDENCE  OF  SUCH  PERSON'S
MINOR  CHILD OR CHILDREN AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION
TWO OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH PLACEMENT IS SUITABLE
AND APPROPRIATE AND WOULD  FACILITATE  INCREASED  CONTACT  BETWEEN  SUCH
PERSON  AND  HIS OR HER CHILD OR CHILDREN AND IS IN THE BEST INTEREST OF
SUCH CHILD OR CHILDREN.
  3. TO MAKE A DETERMINATION ABOUT WHETHER SUCH PLACEMENT IS IN THE BEST
INTEREST OF SUCH CHILD OR CHILDREN, PROCEDURES AND CRITERIA FOR  ASSESS-
ING  SUCH  PLACEMENT SHALL BE DEVELOPED BY THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION IN CONSULTATION WITH THE OFFICE  OF  PROBATION
AND  CORRECTIONAL  ALTERNATIVES  AND  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES, IF SUCH PERSON HAS MORE THAN ONE CHILD, THE  DEPARTMENT  SHALL
MAKE A SEPARATE DETERMINATION FOR EACH INDIVIDUAL CHILD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13754-01-1

S. 6077                             2                            A. 8846

  S  2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized to be made on or before such date.

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