Senate Bill S1016A

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 - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2016	print number 1016a
Mar 24, 2016	amend and recommit to crime victims, crime and correction
Jan 06, 2016	referred to crime victims, crime and correction
Jan 08, 2015	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S1016 - Details

See Assembly Version of this Bill:: A238
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §158, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2017-2018: S3727, A1272
2019-2020: S724, A6710

2015-S1016 - 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-S1016 - Sponsor Memo

                                BILL NUMBER:S1016

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:  2011-2012: S.6077 - Died in Committee;
2013-2014: S.2341 - Died in Committee

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.

2015-S1016 - Bill Text download pdf

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

                                  1016

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00748-01-5

co-Sponsors

2015-S1016A (ACTIVE) - Details

See Assembly Version of this Bill:: A238
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §158, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2017-2018: S3727, A1272
2019-2020: S724, A6710

2015-S1016A (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-S1016A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1016A

 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 whenever practicable.

 SUMMARY OF PROVISIONS :

Section I of the bill sets forth the new subdivision 2 which 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 whenever practicable, provided such placement
is appropriate, and is in the best interest of the child.  The new
subdivision 3 requires that DOCCS, in consultation with the Office of
Probation and Correctional Alternatives and the Office of Children and
Family Services, develop assessment procedures and criteria.

Section II of the bill sets forth the effective date.

 JUSTIFICATION :

Over 100,000 children in New York State have at least one parent in
state prison. At present, a majority of individuals are being housed
in facilities that are hours away from their children and families.
Experts in the field of criminal justice agree that in the vast
majority of cases, a child who has a parent in prison benefits from
being able to have personal contact and communication with them.
Consistent, ongoing contact reduces the strain of separation, lowers
recidivism, and is the single most important factor in determining
whether a family will reunite after a prison term. The criteria for
deciding where individuals are housed, including decisions about
transfers should include proximity to a child security, mental health,
and medical needs. It is important that a child maintain and increase
their access and contact to their parent in prison.

 PRIOR LEGISLATIVE HISTORY :

2014: (Rozic) - Correction
2013: A07191 (Rozic) - Correction
2012: A08846 (N.Rivera) - Correction

 FISCAL IMPACT ON THE STATE :

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.

2015-S1016A (ACTIVE) - Bill Text download pdf

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

                                 1016--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens.  MONTGOMERY,  AVELLA,  KRUEGER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime Victims, Crime and Correction -- recommitted to the Committee on
  Crime  Victims, Crime and Correction in accordance with Senate Rule 6,
  sec. 8 -- 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.
                                                           LBD00748-03-6

S. 1016--A                          2

CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR EACH INDI-
VIDUAL CHILD.
  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 are authorized to be made on or before such date.

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Senate Bill S1016A

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

Bill Amendments

co-Sponsors

2015-S1016 - Details

2015-S1016 - Summary

2015-S1016 - Sponsor Memo

2015-S1016 - Bill Text download pdf

co-Sponsors

2015-S1016A (ACTIVE) - Details

2015-S1016A (ACTIVE) - Summary

2015-S1016A (ACTIVE) - Sponsor Memo

2015-S1016A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

Bill Amendments

co-Sponsors

Tony Avella

Liz Krueger

2015-S1016 - Details

2015-S1016 - Summary

2015-S1016 - Sponsor Memo

2015-S1016 - Bill Text download pdf

co-Sponsors

Tony Avella

Liz Krueger

2015-S1016A (ACTIVE) - Details

2015-S1016A (ACTIVE) - Summary

2015-S1016A (ACTIVE) - Sponsor Memo

2015-S1016A (ACTIVE) - Bill Text download pdf

Comments