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Assembly Bill A238A

2015-2016 Legislative Session

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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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A238 - Details

See Senate Version of this Bill:
S1016
Law Section:
Correction Law
Laws Affected:
Amd §158, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8846, S6077
2013-2014: A7191, S2341
2017-2018: A1272, S3727
2019-2020: A6710, S724

2015-A238 - Summary

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

2015-A238 - Bill Text download pdf 

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

                                   238

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  AUBRY, DAVILA, FAHY, JAFFEE, LAVINE,
  MOSLEY, MOYA, PERRY, ROBERTS, ROBINSON, TITONE --  Multi-Sponsored  by
  --  M. of A. ARROYO, BRENNAN, CLARK, HEASTIE -- 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
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.

co-Sponsors

multi-Sponsors

2015-A238A (ACTIVE) - Details

See Senate Version of this Bill:
S1016
Law Section:
Correction Law
Laws Affected:
Amd §158, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8846, S6077
2013-2014: A7191, S2341
2017-2018: A1272, S3727
2019-2020: A6710, S724

2015-A238A (ACTIVE) - Summary

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

2015-A238A (ACTIVE) - Bill Text download pdf 

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

                                 238--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  AUBRY, DAVILA, FAHY, JAFFEE, LAVINE,
  MOSLEY, MOYA, PERRY, ROBINSON, TITONE -- Multi-Sponsored by --  M.  of
  A.  ARROYO,  BRENNAN  --  read  once  and referred to the Committee on
  Correction -- recommitted to the Committee on Correction in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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
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,
WHENEVER PRACTICABLE THE COMMISSIONER SHALL PLACE  SUCH  PERSON  IN  THE
CORRECTIONAL INSTITUTION OR FACILITY WHICH IS LOCATED IN CLOSEST PROXIM-
ITY  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 APPRO-
PRIATE  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 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

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

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