Assembly Bill A6710A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6710--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC, CRESPO, GOTTFRIED, AUBRY, BARRETT, BLAKE,
   DAVILA, FAHY, JAFFEE, MOSLEY, PERRY, L. ROSENTHAL, DE LA ROSA,  SIMON,
   WEPRIN,  QUART,  DenDEKKER,  CRUZ,  D'URSO,  COLTON,  ORTIZ,  DICKENS,
   RIVERA, SAYEGH, HYNDMAN,  COOK,  GLICK,  REYES,  WILLIAMS,  McDONOUGH,
   ABINANTI,  WRIGHT,  FERNANDEZ,  RAYNOR,  JEAN-PIERRE, TAYLOR, ASHBY --
   Multi-Sponsored by -- M. of  A.  ARROYO,  EPSTEIN  --  read  once  and
   referred  to the Committee on 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, WOULD FACILI-
 TATE INCREASED CONTACT BETWEEN SUCH PERSON AND HIS OR HER CHILD OR CHIL-
 DREN, IS IN THE BEST INTEREST OF SUCH CHILD OR CHILDREN, AND THE  INCAR-
 CERATED PARENT GIVES HIS OR HER CONSENT TO SUCH PLACEMENT.
   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 CHILDREN AND FAMILY SERVICES. IF SUCH PERSON HAS MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00980-04-9

 A. 6710--A                          2
 
 THAN  ONE  CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR
 EACH INDIVIDUAL CHILD.
   3.  THE  DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT REGARDING THE IMPLE-
 MENTATION OF THIS SECTION TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE
 SPEAKER  OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND MINORITY
 LEADER OF THE ASSEMBLY AS WELL AS TO THE CHAIRS OF THE SENATE  COMMITTEE
 ON CRIME VICTIMS, CRIME AND CORRECTION AND THE ASSEMBLY STANDING COMMIT-
 TEE  ON CORRECTION. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 NUMBER OF INCARCERATED PERSONS WHO ARE PARENTS OF  MINOR  CHILDREN,  THE
 AGGREGATE  NUMBER  OF  INCARCERATED PARENTS BY COUNTY OF COMMITMENT, THE
 NUMBER OF INCARCERATED PARENTS WHO ARE PLACED IN A CORRECTIONAL FACILITY
 IN CLOSEST PROXIMITY TO THEIR CHILDREN PURSUANT  TO  THIS  SECTION,  THE
 LOCATION OF SUCH FACILITIES, THE NUMBER OF INCARCERATED PARENTS FOR WHOM
 PROXIMAL  PLACEMENT  WAS  NOT  PROVIDED,  A  GENERAL  EXPLANATION OF THE
 REASONS THAT SUCH PLACEMENT WAS NOT PROVIDED WHICH SHALL NOT INCLUDE ANY
 IDENTIFYING INFORMATION, AND THE  AMOUNT  OF  INCARCERATED  PARENTS  WHO
 DECLINED SUCH PLACEMENT PURSUANT TO THIS SECTION.
   §  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.