Senate Bill S724

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  724--A
     Cal. No. 480
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, CARLUCCI, KRUEGER, MAYER, RAMOS, RIVERA,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
   Correction -- reported favorably from said committee and committed  to
   the  Committee  on  Finance -- reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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.
                                                            LBD00980-05-9

 S. 724--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.