S T A T E O F N E W Y O R K
________________________________________________________________________
9475
I N A S S E M B L Y
March 5, 2012
___________
Introduced by M. of A. N. RIVERA, AUBRY -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to establishing the
pilot project for the placement of inmates close to home; and provid-
ing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "pilot project for the placement of inmates close to home".
S 2. Legislative intent. The legislature hereby finds and declares
that research shows inmates who maintain family ties during incarcera-
tion have lower rates of recidivism than inmates who do not. Further,
most inmates are parents, and more than 80,000 children in the state of
New York have a parent incarcerated in the state prison system.
The legislature further finds that the department of corrections and
community supervision should consider proximity to minor children among
the key criteria of security and health and program needs when determin-
ing prison assignments and transfers of parents, and should support
increased access of children to their incarcerated parents through the
use of technology and programs currently available within the depart-
ment.
The legislature therefore declares that there is a need to develop
classification criteria that would place inmates in proximity to their
family members and home communities, and in particular for those inmates
who are parents of minor children in the appropriate correctional facil-
ity located closest to those children provided such placement is other-
wise appropriate and suitable, and would facilitate increased contact
between such inmate and his or her child or children.
S 3. The correction law is amended by adding a new section 72-c to
read as follows:
S 72-C. PILOT PROJECT FOR THE PLACEMENT OF INMATES CLOSE TO HOME. 1.
THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM AT A DESIGNATED CORREC-
TIONAL FACILITY FOR THE PURPOSE OF HOUSING INMATES WHO ARE PARENTS OF
MINOR CHILDREN IN THE CORRECTIONAL FACILITY WHICH IS LOCATED IN CLOSEST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14694-01-2
A. 9475 2
PROXIMITY TO THE PRIMARY PLACE OF RESIDENCE OF ANY SUCH INMATE'S MINOR
CHILD OR CHILDREN UNDER EIGHTEEN YEARS OF AGE, PROVIDED THAT SUCH PLACE-
MENT IS OTHERWISE SUITABLE AND APPROPRIATE PURSUANT TO THE REGULATIONS
OF THE DEPARTMENT AND WOULD FACILITATE INCREASED CONTACT BETWEEN SUCH
INMATE AND HIS OR HER CHILD OR CHILDREN. FOR PURPOSES OF THIS PILOT
PROGRAM, THERE SHALL BE AT LEAST SIXTY INMATES WHO ON A VOLUNTARY BASIS
REQUEST PLACEMENT IN THE PILOT PROGRAM AND WHO ARE PARENTS OF MINOR
CHILDREN. IN SELECTING SUCH INMATES THE DEPARTMENT SHALL CONSULT WITH
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE LOCAL DISTRICT OF
SOCIAL SERVICES LOCATED IN THE COUNTY WHERE SUCH INMATE'S CHILD RESIDES.
2. THE COMMISSIONER, IN CONSULTATION WITH THE JOHN JAY COLLEGE INSTI-
TUTE FOR CRIMINAL JUSTICE ETHICS OR OTHER SUCH CRIMINAL JUSTICE DIVISION
AS THE ADMINISTRATION OF JOHN JAY COLLEGE MAY PROVIDE, SHALL SUBMIT
BEGINNING ON THE FIRST OF JANUARY IN THE YEAR TWO THOUSAND FOURTEEN AND
EVERY JANUARY THEREAFTER A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE EFFECTIVENESS
OF THIS PILOT PROJECT AND SHALL INCLUDE AN ANALYSIS OF THE IMPACT ON THE
INMATE, HIS OR HER CHILDREN, AND FAMILY PARTICIPANTS INCLUDING SUCH
IMPACT ON INSTITUTIONAL SAFETY AND PERFORMANCE AND ANY RECOMMENDATIONS
FOR ADDITIONAL LEGISLATIVE ENACTMENTS THAT MAY BE NEEDED OR REQUIRED, TO
IMPROVE, ENHANCE AND SUBSEQUENTLY EXPAND THE PROGRAM TO OTHER CORREC-
TIONAL FACILITIES AS DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER.
3. NO PERSON SHALL HAVE THE RIGHT TO DEMAND OR REQUIRE PARTICIPATION
IN THE PILOT PROJECT AUTHORIZED BY THIS SECTION. THE COMMISSIONER MAY
REVOKE AT ANY TIME PARTICIPATION IN SUCH PROJECT FOR ANY SERIOUS DISCI-
PLINARY INFRACTION COMMITTED BY THE INMATE OR FOR ANY FAILURE TO CONTIN-
UE TO PARTICIPATE SUCCESSFULLY IN ANY ASSIGNED WORK AND TREATMENT
PROGRAM AFTER PLACEMENT IN SUCH PILOT PROGRAM. ANY ACTION BY THE COMMIS-
SIONER PURSUANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
S 4. This act shall take effect six months after it shall have become
a law and shall expire September 1, 2015 when upon such date provisions
of this act shall be deemed repealed. Effective immediately, the addi-
tion, 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.