Senate Bill S5588

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5588
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2019
                                ___________
 
 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 establishing the
   family reunion program
 
   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 138-b
 to read as follows:
   §  138-B.  FAMILY  REUNION  PROGRAM.  1. THE DEPARTMENT SHALL CREATE A
 FAMILY REUNION PROGRAM TO PROVIDE ELIGIBLE INMATES  AND  THEIR  FAMILIES
 THE  OPPORTUNITY  TO MEET FOR AN EXTENDED PERIOD OF TIME IN PRIVACY IN A
 RESIDENTIAL SETTING. SUCH PROGRAM SHALL BE AVAILABLE  AT  EVERY  GENERAL
 CONFINEMENT  MAXIMUM-SECURITY  STATE  CORRECTIONAL  FACILITY  AND AT ANY
 MEDIUM-SECURITY STATE CORRECTIONAL FACILITY WITH A  GENERAL  CONFINEMENT
 INMATE  POPULATION  CAPACITY OF OVER EIGHT HUNDRED BEDS. PROGRAM FACILI-
 TIES AND ADMINISTRATION MAY BE  SHARED  AMONG  CORRECTIONAL  FACILITIES.
 SMALLER  MEDIUM  FACILITIES  LOCATED NEAR MAXIMUM SECURITY FACILITIES OR
 LARGE MEDIUM SECURITY FACILITIES MAY BE PERMITTED TO PARTICIPATE IN  THE
 PROGRAM AT SUCH FACILITIES. FAMILY REUNION PROGRAMS SHALL CONTAIN ENOUGH
 HOUSING  UNITS TO ACCOMMODATE FAMILY REUNION PROGRAM VISITS AT LEAST ONE
 TIME EVERY FOUR MONTHS FOR ELIGIBLE INMATES.
   2. INMATES WHO MAINTAIN A GOOD DISCIPLINARY RECORD,  WHO  COMPLY  WITH
 DEPARTMENTAL  PROGRAM  REQUIREMENTS AND WHO DO NOT POSE A CURRENT DANGER
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE ELIGIBLE TO  APPLY
 FOR  PARTICIPATION  IN  THE  FAMILY REUNION PROGRAM. A GOOD DISCIPLINARY
 RECORD SHALL MEAN THE INMATE HAS NOT RESIDED IN A SEGREGATED CONFINEMENT
 UNIT OR IN KEEP LOCK FOR A SANCTION FOR  MISBEHAVIOR  FOR  OVER  FIFTEEN
 DAYS  WITHIN  THE  LAST SIX MONTHS PRIOR TO THE VISIT. AN INMATE WHO HAS
 NOT MAINTAINED A GOOD DISCIPLINARY RECORD MAY REAPPLY FOR FAMILY REUNION
 PROGRAM PARTICIPATION SIX MONTHS AFTER BEING  RELEASED  FROM  SEGREGATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11553-01-9

 S. 5588                             2
 
 CONFINEMENT  OR  KEEP  LOCK. INMATES WHO ARE DENIED PARTICIPATION IN THE
 PROGRAM MAY APPEAL TO THE COMMISSIONER. ONCE AN INMATE HAS BEEN APPROVED
 FOR PARTICIPATION IN THE FAMILY REUNION PROGRAM, HE OR SHE SHALL  REMAIN
 ELIGIBLE  TO  PARTICIPATE  UNLESS SUCH ELIGIBILITY IS TAKEN AWAY FOR BAD
 CONDUCT, FAILURE TO COMPLY WITH  DEPARTMENTAL  PROGRAM  REQUIREMENTS  OR
 BECAUSE  HE  OR SHE HAS BEEN DETERMINED TO POSE A CURRENT DANGER TO SELF
 OR OTHERS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. IF AN INMATE  IS
 TRANSFERRED  TO  A  NEW  FACILITY, HIS OR HER ELIGIBILITY FOR THE FAMILY
 REUNION PROGRAM WILL CONTINUE AND  SUCH  INMATE  SHALL  BE  ELIGIBLE  TO
 PARTICIPATE  IN  THE  FAMILY REUNION PROGRAM AT SUCH NEW FACILITY THIRTY
 DAYS AFTER ARRIVAL.
   3. (A) APPLICATIONS FOR PARTICIPATION IN THE  FAMILY  REUNION  PROGRAM
 MAY  BE  MADE  FOR  THE  FOLLOWING FAMILY MEMBERS WHO HAVE ESTABLISHED A
 PATTERN OF VISITATION, AS DEFINED BY THREE VISITS  IN  THE  LAST  TWELVE
 MONTHS UNLESS SUCH FAMILY MEMBER LIVES OUT OF STATE, IS DISABLED, ELDER-
 LY  OR A MINOR, OR LIVES MORE THAN THREE HUNDRED MILES FROM THE FACILITY
 WHERE THE INMATE IS HOUSED. IN SUCH CASES, THE VISITOR SHALL BE  ALLOWED
 TO  PARTICIPATE  IN  THE  FAMILY  REUNION PROGRAM WITHOUT ESTABLISHING A
 RECENT PATTERN OF VISITATION IF HE OR SHE  IS  OTHERWISE  ELIGIBLE.  THE
 DEPARTMENT SHALL PROVIDE REASONABLE ACCOMMODATIONS FOR DISABLED VISITORS
 AND  INMATES  UPON REQUEST. THE NUMBER OF VISITORS AT ANY ONE TIME SHALL
 BE LIMITED TO THE OCCUPANCY CAPACITY OF THE FAMILY REUNION PROGRAM UNIT,
 AS DETERMINED BY THE FIRE AND SAFETY  OFFICIAL  WITH  JURISDICTION  OVER
 SUCH  UNITS.  THE  FOLLOWING  FAMILY MEMBERS MAY BE ELIGIBLE FOR PARTIC-
 IPATION IN THE PROGRAM:
   (I) LEGAL SPOUSES, INCLUDING A SPOUSE WHO MARRIES AN INMATE DURING THE
 TERM OF HIS OR HER INCARCERATION;
   (II) CHILDREN OR STEP-CHILDREN OF THE INMATE, WHO MAY  BE  ACCOMPANIED
 BY THEIR NON-INCARCERATED PARENT;
   (III) PARENTS OR STEP-PARENTS OF THE INMATE;
   (IV) GRANDPARENTS;
   (V) SIBLINGS;
   (VI) GRANDCHILDREN OF THE INMATE; AND
   (VII)  WITH  SPECIAL APPROVAL FROM THE FACILITY SUPERINTENDENT, AUNTS,
 UNCLES, COUSINS, FOSTER PARENTS AND IN-LAWS OF THE INMATE, WITH PROOF OF
 RELATIONSHIP.
   (B) AN ELIGIBLE VISITOR MAY LOSE  ELIGIBILITY  IF  HE  OR  SHE  IS  IN
 VIOLATION  OF A SERIOUS RULE OR REGULATION OF THE PROGRAM, AS DETERMINED
 BY THE COMMISSIONER. ANY VISITOR WHO LOSES HIS  OR  HER  ELIGIBILITY  TO
 PARTICIPATE  IN  THE  PROGRAM  SHALL BE GRANTED DUE PROCESS AND SHALL BE
 ELIGIBLE TO PARTICIPATE IN THE PROGRAM AFTER A REASONABLE WAITING PERIOD
 UNLESS HE OR SHE HAS BEEN CONVICTED OF A CRIME RELATED  TO  HIS  OR  HER
 PARTICIPATION IN THE PROGRAM.
   4.  INMATES  WHO  POSE A CURRENT DANGER TO THEMSELVES OR OTHERS MAY BE
 DENIED FAMILY REUNION PROGRAM VISITATION. SUCH DENIAL MUST BE MADE ON  A
 CASE-BY-CASE BASIS AT THE TIME VISITATION IS SOUGHT AND SHALL BE MADE IN
 WRITING,  WITH  A  COPY  TO THE INMATE AND TO THE PROPOSED VISITOR. WHEN
 SUCH DANGER HAS PASSED, THE INMATE SHALL AGAIN BE ELIGIBLE  FOR  PARTIC-
 IPATION  IN  THE  PROGRAM UNLESS HE OR SHE HAS FAILED TO MAINTAIN A GOOD
 DISCIPLINARY RECORD OR TO COMPLY WITH THE DEPARTMENT'S PROGRAM  REQUIRE-
 MENTS.    INMATES  WHO TEST POSITIVE FOR HUMAN IMMUNODEFICIENCY VIRUS OR
 HEPATITIS B OR C, MAY PARTICIPATE IN THE PROGRAM WITH  INFORMED  CONSENT
 OF THE VISITOR OR VISITORS.
   §  2. This act shall take effect one year after it shall have become a
 law.