The New York State Senate

                    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
                               ___________

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.