S T A T E O F N E W Y O R K
________________________________________________________________________
4339
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. WEPRIN, D'URSO, GOTTFRIED, RIVERA, HYNDMAN,
WRIGHT -- Multi-Sponsored by -- M. of A. COOK -- read once and
referred to the Committee on 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07476-02-9
A. 4339 2
§ 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
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.
A. 4339 3
§ 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.