Senate Bill S5701A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5701--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  correction law, in relation to establishing the
   pilot project for the placement of female inmates close to  home;  and
   providing 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 female inmates close to home".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that research shows female  inmates  who  maintain  family  ties  during
 incarceration have lower rates of recidivism than inmates who do not.
   The  legislature  further finds that approximately 75% of incarcerated
 women are parents and over 80,000 minor children have a parent incarcer-
 ated in a state prison.
   The legislature further finds that an estimated 8 in 10 women in state
 prison have experienced severe abuse as children and an estimated  9  in
 10 have endured physical or sexual violence in their lifetimes.
   The  legislature further finds that as of 2010, more than 42% of women
 in New York's prisons had been diagnosed with a serious  mental  illness
 and  proximity  to  supporting  family  and friends has a direct link to
 recovery.
   The legislature further finds that nearly 54% of  women  prisoners  do
 not  have a high school diploma and 35% read at an eighth grade level or
 below and need assistance in maintaining connections with their families
 once incarcerated.
   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-

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

                                                            LBD02115-04-7

 S. 5701--A                          2
 
 ing prison assignments and transfers  of  mothers,  and  should  support
 increased  access  of children to their incarcerated mothers 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 female inmates in proximity  to
 their  family  members and home communities, and in particular for those
 inmates who are mothers of minor children in the appropriate correction-
 al facility located closest to those children provided such placement is
 otherwise appropriate  and  suitable,  and  would  facilitate  increased
 contact between such female inmate and her child or children.
   §  3.  The  correction  law is amended by adding a new section 72-c to
 read as follows:
   § 72-C. PILOT PROJECT FOR THE PLACEMENT OF  FEMALE  INMATES  CLOSE  TO
 HOME.  1.   THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM AT A DESIG-
 NATED CORRECTIONAL FACILITY FOR THE PURPOSE OF  HOUSING  FEMALE  INMATES
 WHO  ARE MOTHERS OF MINOR CHILDREN IN THE CORRECTIONAL FACILITY WHICH IS
 LOCATED IN CLOSEST PROXIMITY TO THE PRIMARY PLACE OF  RESIDENCE  OF  ANY
 SUCH  INMATE'S  MINOR  CHILD  OR  CHILDREN  UNDER EIGHTEEN YEARS OF AGE,
 PROVIDED THAT SUCH  PLACEMENT  IS  OTHERWISE  SUITABLE  AND  APPROPRIATE
 PURSUANT  TO  THE  REGULATIONS  OF  THE  DEPARTMENT AND WOULD FACILITATE
 INCREASED CONTACT BETWEEN SUCH INMATE AND HER  CHILD  OR  CHILDREN.  FOR
 PURPOSES OF THIS PILOT PROGRAM, THERE SHALL BE A MAXIMUM OF TWO HUNDRED,
 BUT  NO  LESS  THAN ONE HUNDRED FEMALE INMATES, WHO ON A VOLUNTARY BASIS
 REQUEST PLACEMENT IN THE PILOT PROGRAM AND  WHO  ARE  MOTHERS  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
 TO DETERMINE IF ANY REASONS EXIST, SUCH AS NO VISITATION ORDER, THAT MAY
 PREVENT THE INMATE FROM PARTICIPATING  IN  THE  PILOT  PROGRAM.  IF  THE
 INMATE'S  CHILD AND/OR FAMILY IS SUBJECT TO THE PURVIEW OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL  SERVICES  DISTRICT,  THE
 DEPARTMENT  SHALL  CONSULT WITH THE ASSIGNED AGENCY TO DETERMINE WHETHER
 THE CHILD AND/OR FAMILY IS  SUITABLE  FOR  PARTICIPATION  IN  THE  PILOT
 PROGRAM,  AND, IF SO, COLLABORATE WITH SUCH AGENCY TO OBTAIN INFORMATION
 RELATING TO SUCH CHILD AND/OR FAMILY AS SHALL BE NECESSARY TO  DETERMINE
 THE EFFECTIVENESS OF THE PILOT PROGRAM.
   2. THE COMMISSIONER, IN CONSULTATION WITH APPROPRIATE COMMUNITY ORGAN-
 IZATIONS,  SHALL  SUBMIT  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SECTION AND ANNUALLY THEREAFTER A REPORT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE EFFEC-
 TIVENESS OF THIS PILOT PROJECT.  SUCH REPORTS SHALL INCLUDE AN  ANALYSIS
 OF  THE  IMPACT  ON  THE INMATE, INCLUDING FACTORS SUCH AS INSTITUTIONAL
 ADJUSTMENT,  BEHAVIOR  INFRACTIONS,  AND  PROGRAM  PARTICIPATION,  AMONG
 RELATED  RELEVANT  FACTORS, AND ON HER CHILDREN AND FAMILY PARTICIPANTS.
 THE REPORTS SHALL ALSO INCLUDE ANALYSIS OF FACTORS SUCH AS FREQUENCY  OF
 VISITS,  REPORTS FROM CAREGIVERS ABOUT CHILDREN'S CONNECTEDNESS TO THEIR
 INCARCERATED MOTHERS, CHILDREN'S EMOTIONAL WELL-BEING  AND  BEHAVIOR  IN
 THE  HOME,  AND  OTHER  RELEVANT  FACTORS AS INCLUDED IN THE CAREGIVER'S
 REPORTS. FOR CHILD WELFARE CASES, IN  ADDITION  TO  THE  ABOVE  FACTORS,
 PROGRESS  TOWARD  PERMANENCY GOALS, MOTHER'S PARTICIPATION IN CASE PLAN-
 NING, AND OTHER RELEVANT FACTORS SHALL  BE  NOTED.  IN  CASES  WHERE  AN
 INMATE  MOTHER'S RELEASE IS IMMINENT, AS DETERMINED BY THE COMMISSIONER,
 THE REPORT SHALL EXAMINE THE LEVEL OF SUPPORT RECEIVED AND  PROVIDED  BY
 THE  INMATE'S  FAMILY  THROUGH  FAMILY  INVOLVEMENT  AND  THE ATTACHMENT
 BETWEEN A RETURNING MOTHER AND  HER  CHILDREN  UPON  REUNIFICATION.  THE

 S. 5701--A                          3
 
 REPORTS  SHALL  ALSO INCLUDE ANY RECOMMENDATIONS FOR ADDITIONAL LEGISLA-
 TIVE ENACTMENTS THAT MAY BE NEEDED OR REQUIRED, TO IMPROVE, ENHANCE  AND
 SUBSEQUENTLY  EXPAND  THE  PROGRAM  TO  OTHER CORRECTIONAL 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.
   4. AN ELIGIBILITY PREFERENCE SHALL BE GRANTED FOR CHILD WELFARE CASES.
 ADMISSION  SHALL  BE  GRANTED  ON  A ROLLING BASIS AND PRIORITY SHALL BE
 GIVEN TO INMATES WHO WERE PRIMARY CAREGIVERS, ALTHOUGH ALL INMATE  MOTH-
 ERS  SHALL  BE  CONSIDERED.  THE FAMILIES OF INMATES SHALL SUBMIT DEMON-
 STRATED PROOF THAT THEY WILL VISIT THE INMATE IF SHE LIVES  CLOSER,  AND
 THE  INMATE SHALL REQUEST THAT SUCH FAMILY MEMBERS SUBMIT LETTERS. OTHER
 RELEVANT FACTORS SHALL BE TAKEN INTO CONSIDERATION,  INCLUDING  BUT  NOT
 LIMITED TO, WHETHER AN INMATE'S FAMILY MEMBER HAS AN UNDUE HARDSHIP THAT
 WOULD  AFFECT  THE  PERSON'S  ABILITY TO VISIT THE INMATE. SUCH HARDSHIP
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A PHYSICAL DISABILITY  OR  SERIOUS
 ILLNESS  THAT  INHIBITS  TRAVEL,  OR  WHETHER  THEY WOULD NOT BE ABLE TO
 REASONABLY VISIT THE INMATE BECAUSE THEY WOULD BE  UNABLE  TO  VISIT  BY
 PUBLIC  TRANSPORTATION  AND  CANNOT  AFFORD OR USE A MOTOR VEHICLE.  ANY
 ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL  BE  DEEMED  A
 JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH
 LAW.
   5.  INMATES  SHALL  NOT  BE ELIGIBLE FOR THIS PROGRAM FOR A VARIETY OF
 FACTORS, AS LISTED IN, BUT NOT LIMITED  TO,  THOSE  ENUMERATED  IN  THIS
 SECTION.  INMATES  WHO  ARE  INCARCERATED FOR VIOLATING PAROLE OR CONDI-
 TIONAL RELEASE SHALL BE INELIGIBLE FOR THIS PROGRAM.  INMATES  WHO  WERE
 CONVICTED OF A SEX OFFENSE SHALL BE INELIGIBLE FOR THIS PROGRAM. INMATES
 WHO  HAVE COMMITTED A CRIME AGAINST A CHILD SHALL BE INELIGIBLE FOR THIS
 PROGRAM. INMATES FOR WHOM A CLOSER LOCATION WOULD NOT LEAD TO MORE VISI-
 TORS SHALL NOT BE ELIGIBLE FOR THIS PROGRAM. INMATES WHO  HAVE  NOT  HAD
 CONTACT  WITH  THEIR  CHILDREN  IN OVER A YEAR OUT OF THEIR OWN VOLITION
 SHALL NOT BE ELIGIBLE FOR THIS PROGRAM, UNLESS  THERE  IS  A  COMPELLING
 REASON  FOR NOT HAVING HAD CONTACT WITH THEIR CHILDREN. THE COMMISSIONER
 IS EMPOWERED TO GRANT PREFERENCE TO MORE  INVOLVED  INMATE  MOTHERS,  AS
 DETERMINED  BY  THE  AMOUNT OF CONTACT THAT THE CHILDREN HAVE WITH THEIR
 MOTHER, SHOULD THE COMMISSIONER DETERMINE  TO  DO  SO.    MENTAL  HEALTH
 ISSUES  SHALL  NOT  BE  AN  ISSUE  OF  INELIGIBILITY WITH REGARD TO THIS
 PROGRAM, UNLESS THERE IS A COMPELLING REASON TO DO SO.
   § 4. This act shall take effect six months after it shall have  become
 a law and shall expire 3 years after it shall take effect when upon such
 date  the  provisions  of  this act shall be deemed repealed.  Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made on or before such date.