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
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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.