NY State Senate Bill 2017-S7757A

Archive: Last Bill Status - In Senate Committee Finance 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
May 09, 2018	reported and committed to finance
Mar 15, 2018	print number 7757a
Mar 15, 2018	amend and recommit to crime victims, crime and correction
Feb 20, 2018	referred to crime victims, crime and correction

Votes

- May 9, 2018 - Crime Victims, Crime And Correction Committee Vote
  S7757A
  
  8
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 9, 2018
      
      aye (8)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Hamilton
      
      Hoylman-Sigal
      
      Montgomery
      
      Rivera
      
      Sepúlveda
      
      nay (1)
      
      Ritchie
      
      aye wr (4)
      
      Griffo
      
      Helming
      
      Little
      
      Tedisco

Bill Amendments

Original

A (Active)

2017-S7757 - Details

See Assembly Version of this Bill:: A10204
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in 2019-2020 Legislative Session:: S1341, A4339

2017-S7757 - Summary

Establishes a pilot project for placement of inmates close to home; provides that such project would house inmates who are parents of minor children in the correctional facility located in closest proximity to the primary place of residence of any such inmate's minor child or children.

2017-S7757 - Sponsor Memo

                                
 
BILL NUMBER: S7757

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the correction law, in relation to
establishing the pilot project for the placement of inmates close to
home; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

To conduct a pilot program placing certain inmates in facilities closer
to the communities where their children reside

 
SUMMARY OF PROVISIONS:

Section one of the bill is the name of this act which shall be the
"pilot project for placement of inmates close to home."

Section two of the bill is the legislative intent.

Section three of this bill establishes the pilot program in a facility

of the Department of Corrections' choosing which will house inmate
volunteers whose minor children reside close to the facility in order to
facilitate visitation between the inmate parent and his or her child.
The Office of Children and Family Services and/or the local district
social services offices will be consulted as to the appropriateness of
visitation before any inmate is admitted to the program. Further, a
comprehensive analysis is required to determine the effectiveness of
this pilot and make recommendations, if any, for expansion and improve-
ment.

Section four is the effective date.

 
JUSTIFICATION:

Approximately 59% of all New York state prison and jail inmates are
parents. For women under custody in New York the number is closer to
71%.  More than 80,000 minor children in New York State have a parent
incarcerated in a state prison. Transportation provides a major barrier
to visitation.

Inmates are often placed in prisons far from their children and far from
home. Male inmates at Lakeview Correctional Facility who come from New
York City are more than 400 miles from home, while female inmates at
Albion are around 375 miles from New York City. Distances are large and
public transportation is difficult, especially with the termination of
the longstanding DOGS free bus program that provided visitors with
transportation to remote prisons from sites around the state.

For children in foster care, distance is the number one barrier to
legally mandated visits with their incarcerated parents. Social service
agencies are required to maintain contact with incarcerated
parents(except in cases where a court has ruled otherwise) including
bringing children for visits with parents in prison. When the goal is
reunification the requirement to provide visits extends to the tri-state
area. Non-compliance is routine in large part because of the distance.
Given the caseloads and demands on child welfare workers, it is diffi-
cult to take a whole day or two for one parent-child visit. As a result,
children in foster care with incarcerated parents suffer greatly from
lack of parental contact.  Without visits, an incarcerated parent is at
great risk for termination of his or her parental rights, the permanent
legal severing of the parent-child relationship. Recent studies have
emphasized the importance of visits and family ties in the prevention of
recidivism. One study found that every visit a prisoner received measur-
ably and increasingly lowered the likelihood of recidivism.  Visits by
relatives, including children, seem to matter most when it comes to
reducing recidivism, creating a significant public safety benefit to
supporting the maintenance of parent-child and other ties during incar-
ceration.

Children who have parents in prison are significantly affected by the
frequency and quality of contact with their parents. While there are
instances when visits are not in children's best interest, for most
children visits are beneficial to their psychological and emotional
well-being, their physical health and development, and can help smooth
the reentry process and family reunification. Children of incarcerated
parents are recognized as an at-risk population and parental incarcera-
tion is now included as an ACE factor, as "Adverse Childhood Experi-
ence," that can negatively affect children's development. The risks for
children associated with having an incarcerated parent can be signif-
icantly mitigated by the continuing presence of the parent in the
child's life, through visitation, telephone contact, and letters. The
number one way to promote visiting is by reducing the distances between
the incarcerated parent and their children.

While the Department of Corrections and Community Supervision normally
places inmates in prisons based on classification by security level and
programmatic needs, this pilot program will explore the use of a third
criterion, proximity to an inmate's minor children. The purpose of this
act is to establish a pilot program to assess the effects of housing
inmates who are parents of minor children close to home in order to
facilitate visitation between such parents and their children. The
department will select 60 inmate volunteers to be housed in a facility
closest to the communities where their children reside where such facil-
ity is an otherwise appropriate placement for them.

The department will be required to report to the legislature and the
governor on the effectiveness of the pilot program and make recommenda-
tions for expansion to other correctional facilities in order to place
more inmates close to their families and minor children. Should the
pilot program prove beneficial, the expectation is that the program will
be broadened to allow more inmates to be housed in close proximity to
their home communities, thus facilitating visitation and contacts with
their children and other family members.

This bill also calls for an independent, academic analysis of the effect
of the pilot program prepared in consultation. with the department. Such
analysis will report on the impact, if any, the placement of such
inmates closest to the communities where their children reside has had
on the inmates themselves, the safety and security of the facility, the
foster care case and local social service agency, if applicable, and,
where possible, on the family members and children involved as well as
any other effect of the program that can be measured. The report shall
include recommendations as to the future of the program and what modifi-
cations would be recommended in order to improve implementation and
outcomes.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become law.

2017-S7757 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7757
 
                             I N  S E N A T E
 
                             February 20, 2018
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 establishing the
   pilot project for the placement of inmates close to home; and  provid-
   ing 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 inmates close to home".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that research shows inmates who maintain family ties  during  incarcera-
 tion  have  lower  rates of recidivism than inmates who do not. Further,
 most inmates are parents, and more than 80,000 children in the state  of
 New York have a parent incarcerated in the state prison system.
   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-
 ing  prison  assignments  and  transfers  of parents, and should support
 increased access of children to their incarcerated parents  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 inmates in proximity to their
 family members and home communities, and in particular for those inmates
 who are parents of minor children in the appropriate correctional facil-
 ity located closest to those children provided such placement is  other-
 wise  appropriate  and  suitable, and would facilitate increased contact
 between such inmate and his or 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 INMATES CLOSE TO HOME. 1.
 THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM AT A DESIGNATED CORREC-
 TIONAL FACILITY FOR THE PURPOSE OF HOUSING INMATES WHO  ARE  PARENTS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14475-02-8

 S. 7757                             2
 
 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 PLACE-
 MENT  IS  OTHERWISE SUITABLE AND APPROPRIATE PURSUANT TO THE REGULATIONS
 OF THE DEPARTMENT AND WOULD FACILITATE INCREASED  CONTACT  BETWEEN  SUCH
 INMATE  AND  HIS  OR  HER  CHILD OR CHILDREN. FOR PURPOSES OF THIS PILOT
 PROGRAM, INMATES WHO ARE PARENTS OF MINOR CHILDREN ON A VOLUNTARY BASIS,
 WOULD REQUEST PLACEMENT IN THE PILOT PROGRAM.  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  PARTIC-
 IPATING IN 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.   THE REPORTS SHALL ALSO INCLUDE ANALYSIS OF
 FACTORS SUCH AS FREQUENCY OF VISITS, BARRIERS TO VISITATION,  LOGISTICAL
 CHALLENGES  AND COST-SAVINGS TO THE DEPARTMENT. THE REPORT SHALL FURTHER
 INCLUDE ANY RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE  ENACTMENTS  THAT
 MAY  BE  NEEDED OR REQUIRED, TO IMPROVE, ENHANCE AND SUBSEQUENTLY EXPAND
 THE PROGRAM TO OTHER CORRECTIONAL FACILITIES AS DETERMINED TO BE  APPRO-
 PRIATE  BY THE COMMISSIONER.  THE REPORT FOLLOWING THE THIRD YEAR OF THE
 PILOT PROGRAM SHALL INCLUDE A PLAN FOR EXPANSION AND  EVENTUAL  INCORPO-
 RATION  OF  PROXIMITY INTO PLACEMENT DECISIONS FOR ALL INMATE PARENTS OF
 MINOR CHILDREN.
   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  AND
 FOSTER  CARE  CASES.   ADMISSION SHALL BE GRANTED ON A ROLLING BASIS AND
 PRIORITY SHALL BE GIVEN TO INMATES WHO WERE PRIMARY CAREGIVERS, ALTHOUGH
 ALL INMATE PARENTS OF MINOR CHILDREN SHALL BE CONSIDERED. THE DEPARTMENT
 SHALL VERIFY THAT THE MINOR CHILDREN OF INMATES  PARTICIPATING  IN  SUCH
 PILOT  PROGRAM WILL BE ABLE TO COME TO THE FACILITY FOR PERIODIC VISITA-
 TION.  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. THE COMMISSIONER IS EMPOWERED TO GRANT PREFERENCE TO MORE  INVOLVED
 INMATE PARENTS, AS DETERMINED BY THE AMOUNT OF CONTACT THAT THE CHILDREN
 HAVE  WITH  THEIR  PARENTS,  AS WELL AS TO PARENTS WHOSE CHILDREN ARE IN
 FOSTER CARE AS THEY ARE AT RISK OF LOSING THEIR PARENTAL RIGHTS,  SHOULD
 THE  COMMISSIONER DETERMINE TO DO SO.  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  CONDITIONAL  RELEASE 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 VISITORS SHALL NOT BE ELIGIBLE FOR THIS PROGRAM. MENTAL

 S. 7757                             3
 
 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.

co-Sponsors

2017-S7757A (ACTIVE) - Details

See Assembly Version of this Bill:: A10204
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in 2019-2020 Legislative Session:: S1341, A4339

2017-S7757A (ACTIVE) - Summary

2017-S7757A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7757A

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the correction law, in relation to
establishing the pilot project for the placement of inmates close to
home; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

To conduct a pilot program placing certain inmates in facilities closer
to the communities where their children reside

 
SUMMARY OF PROVISIONS:

Section one of the bill is the name of this act which shall be the
"pilot project for placement of inmates close to home."

Section two of the bill is the legislative intent.

Section three of this bill establishes the pilot program in a facility

of the Department of Corrections' choosing which will house inmate
volunteers whose minor children reside close to the facility in order to
facilitate visitation between the inmate parent and his or her child.

The Office of Children and Family Services and/or the local district
social services offices will be consulted as to the appropriateness of
visitation before any inmate is admitted to the program. Further, a
comprehensive analysis is required to determine the effectiveness of
this pilot and make recommendations, if any, for expansion and improve-
ment.

Section four is the effective date.

 
JUSTIFICATION:

Approximately 59% of all New York state prison and jail inmates are
parents. For women under custody in New York the number is closer to
71%. More than 80,000 minor children in New York State have a parent
incarcerated in a state prison. Transportation provides a major barrier
to visitation.

Inmates are often placed in prisons far from their children and far from
home. Male inmates at Lakeview Correctional Facility who come from New
York City are more than 400 miles from home, while female inmates at
Albion are around 375 miles from New York City. Distances are large and
public transportation is difficult, especially with the termination of
the longstanding DOGS free bus program that provided visitors with
transportation to remote prisons from sites around the state.

For children in foster care, distance is the number one barrier to
legally mandated visits with their incarcerated parents. Social service
agencies are required to maintain contact with incarcerated
parents(except in cases where a court has ruled otherwise) including
bringing children for visits with parents in prison. When the goal is
reunification the requirement to provide visits extends to the tri-state
area. Non-compliance is routine in large part because of the distance.


Given the caseloads and demands on child welfare workers, it is diffi-
cult to take a whole day or two for one parent-child visit. As a result,
children in foster care with incarcerated parents suffer greatly from
lack of parental contact. Without visits, an incarcerated parent is at
great risk for termination of his or her parental rights, the permanent
legal severing of the parent-child relationship. Recent studies have
emphasized the importance of visits and family ties in the prevention of
recidivism. One study found that every visit a prisoner received measur-
ably and increasingly lowered the likelihood of recidivism. Visits by
relatives, including children, seem to matter most when it comes to
reducing recidivism, creating a significant public safety benefit to
supporting the maintenance of parent-child and other ties during incar-
ceration.

Children who have parents in prison are significantly affected by the
frequency and quality of contact with their parents. While there are
instances when visits are not in children's best interest, for most
children visits are beneficial to their psychological and emotional
well-being, their physical health and development, and can help smooth
the reentry process and family reunification. Children of incarcerated
parents are recognized as an at-risk population and parental incarcera-
tion is now included as an ACE factor, as "Adverse Childhood Experi-
ence," that can negatively affect children's development. The risks for
children associated with having an incarcerated parent can be signif-
icantly mitigated by the continuing presence of the parent in the
child's life, through visitation, telephone contact, and letters. The
number one way to promote visiting is by reducing the distances between
the incarcerated parent and their children.

While the Department of Corrections and Community Supervision normally
places inmates in prisons based on classification by security level and
programmatic needs, this pilot program will explore the use of a third
criterion, proximity to an inmate's minor children. The purpose of this
act is to establish a pilot program to assess the effects of housing
inmates who are parents of minor children close to home in order to
facilitate visitation between such parents and their children. The
department will select 60 inmate volunteers to be housed in a facility
closest to the communities where their children reside where such facil-
ity is an otherwise appropriate placement for them.

The department will be required to report to the legislature and the
governor on the effectiveness of the pilot program and make recommenda-
tions for expansion to other correctional facilities in order to place
more inmates close to their families and minor children. Should the
pilot program prove beneficial, the expectation is that the program will
be broadened to allow more inmates to be housed in close proximity to
their home communities, thus facilitating visitation and contacts with
their children and other family members.

This bill also calls for an independent, academic analysis of the effect
of the pilot program prepared in consultation. with the department. Such
analysis will report on the impact, if any, the placement of such
inmates closest to the communities where their children reside has had
on the inmates themselves, the safety and security of the facility, the
foster care case and local social service agency, if applicable, and,
where possible, on the family members and children involved as well as
any other effect of the program that can be measured. The report shall
include recommendations as to the future of the program and what modifi-
cations would be recommended in order to improve implementation and
outcomes.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become law.

2017-S7757A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7757--A
 
                             I N  S E N A T E
 
                             February 20, 2018
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 inmates close to home; and  provid-
   ing 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 inmates close to home".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that research shows inmates who maintain family ties  during  incarcera-
 tion  have  lower  rates of recidivism than inmates who do not. Further,
 most inmates are parents, and more than 80,000 children in the state  of
 New York have a parent incarcerated in the state prison system.
   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-
 ing  prison  assignments  and  transfers  of parents, and should support
 increased access of children to their incarcerated parents  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 inmates in proximity to their
 family members and home communities, and in particular for those inmates
 who are parents of minor children in the appropriate correctional facil-
 ity located closest to those children provided such placement is  other-
 wise  appropriate  and  suitable, and would facilitate increased contact
 between such inmate and his or 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 INMATES CLOSE TO HOME. 1.
 THE COMMISSIONER SHALL ESTABLISH A PILOT  PROGRAM  FOR  THE  PURPOSE  OF
 HOUSING  INMATES  WHO  ARE PARENTS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14475-03-8

 S. 7757--A                          2
 
 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 HIS OR HER CHILD OR
 CHILDREN. FOR PURPOSES OF THIS PILOT PROGRAM, INMATES WHO ARE PARENTS OF
 MINOR  CHILDREN  ON  A  VOLUNTARY  BASIS, WOULD REQUEST PLACEMENT IN THE
 PILOT PROGRAM.  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.
   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.  THE REPORTS SHALL ALSO  INCLUDE  ANALYSIS  OF
 FACTORS  SUCH AS FREQUENCY OF VISITS, BARRIERS TO VISITATION, LOGISTICAL
 CHALLENGES AND COST-SAVINGS TO THE DEPARTMENT. THE REPORT SHALL  FURTHER
 INCLUDE  ANY  RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE ENACTMENTS THAT
 MAY BE NEEDED OR REQUIRED, TO IMPROVE, ENHANCE AND  SUBSEQUENTLY  EXPAND
 THE  PROGRAM  AS  DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER.  THE
 REPORT FOLLOWING THE THIRD YEAR OF THE PILOT  PROGRAM  SHALL  INCLUDE  A
 PLAN  FOR  EXPANSION AND EVENTUAL INCORPORATION OF PROXIMITY INTO PLACE-
 MENT DECISIONS FOR ALL INMATE PARENTS OF MINOR CHILDREN.
   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  AND
 FOSTER  CARE  CASES  AS  PARENTS  ARE  AT  RISK OF LOSING THEIR PARENTAL
 RIGHTS.  ADMISSION SHALL BE GRANTED ON  A  ROLLING  BASIS  AND  PRIORITY
 SHALL  BE  GIVEN  TO  INMATES  WHO WERE PRIMARY CAREGIVERS, ALTHOUGH ALL
 INMATE PARENTS OF MINOR CHILDREN SHALL  BE  CONSIDERED.  THE  DEPARTMENT
 SHALL  VERIFY  THAT  THE MINOR CHILDREN OF INMATES PARTICIPATING IN SUCH
 PILOT PROGRAM WILL BE ABLE TO COME TO THE FACILITY FOR PERIODIC  VISITA-
 TION.   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. 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
 CONDITIONAL  RELEASE SHALL BE INELIGIBLE FOR THIS PILOT PROGRAM. INMATES
 WHO HAVE COMMITTED A CRIME AGAINST A CHILD SHALL BE INELIGIBLE FOR  THIS
 PILOT PROGRAM. INMATES FOR WHOM A CLOSER LOCATION WOULD NOT LEAD TO MORE
 VISITORS  SHALL  NOT  BE ELIGIBLE FOR THIS PROGRAM. 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.

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Senate Bill S7757A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 9, 2018 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 9, 2018

Bill Amendments

2017-S7757 - Details

2017-S7757 - Summary

2017-S7757 - Sponsor Memo

2017-S7757 - Bill Text download pdf

co-Sponsors

2017-S7757A (ACTIVE) - Details

2017-S7757A (ACTIVE) - Summary

2017-S7757A (ACTIVE) - Sponsor Memo

2017-S7757A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7757A

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2017-S7757 - Details

2017-S7757 - Summary

2017-S7757 - Sponsor Memo

2017-S7757 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S7757A (ACTIVE) - Details

2017-S7757A (ACTIVE) - Summary

2017-S7757A (ACTIVE) - Sponsor Memo

2017-S7757A (ACTIVE) - Bill Text download pdf

Comments