NY State Senate Bill 2017-S3727A

Senate Bill S3727A

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to crime victims, crime and correction
May 18, 2017	print number 3727a
May 18, 2017	amend and recommit to crime victims, crime and correction
Jan 26, 2017	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3727 - Details

See Assembly Version of this Bill:: A1272
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2015-2016: S1016, A238
2019-2020: S724, A6710

2017-S3727 - Summary

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

2017-S3727 - Sponsor Memo

                                 BILL NUMBER:  S3727

 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.

2017-S3727 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3727
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 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
 
 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
 CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR EACH INDI-
 VIDUAL CHILD.
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00426-01-7

co-Sponsors

2017-S3727A (ACTIVE) - Details

See Assembly Version of this Bill:: A1272
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2015-2016: S1016, A238
2019-2020: S724, A6710

2017-S3727A (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.

2017-S3727A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3727A

 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.

2017-S3727A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3727--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 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  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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 correction law is amended by adding a new section  72-c
 to read as follows:
   §  72-C.  PLACEMENT  OF INDIVIDUALS WITH CHILDREN.   1. IN DETERMINING
 PLACEMENT FOR A PERSON IN CUSTODY OF THE DEPARTMENT, WHENEVER  PRACTICA-
 BLE  THE COMMISSIONER SHALL PLACE SUCH PERSON IN THE CORRECTIONAL INSTI-
 TUTION 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.
   2. 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
 CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR EACH INDI-
 VIDUAL CHILD.
   §  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00426-03-7

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Senate Bill S3727A

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Sponsored By

Velmanette Montgomery

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

Bill Amendments

co-Sponsors

Tony Avella

Liz Krueger

2017-S3727 - Details

2017-S3727 - Summary

2017-S3727 - Sponsor Memo

2017-S3727 - Bill Text download pdf

co-Sponsors

Tony Avella

Jesse Hamilton

Liz Krueger

Luis R. Sepúlveda

2017-S3727A (ACTIVE) - Details

2017-S3727A (ACTIVE) - Summary

2017-S3727A (ACTIVE) - Sponsor Memo

2017-S3727A (ACTIVE) - Bill Text download pdf

Comments