NY State Senate Bill S724A

Archive: Last Bill Status Via A6710 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2020	signed chap.355
Dec 11, 2020	delivered to governor
Jul 21, 2020	returned to assembly passed senate 3rd reading cal.220 substituted for s724a
Jul 21, 2020	substituted by a6710a
Jan 23, 2020	advanced to third reading
Jan 22, 2020	2nd report cal.
Jan 21, 2020	1st report cal.220
Jan 08, 2020	referred to crime victims, crime and correction
Jun 20, 2019	committed to rules
Jun 13, 2019	amended on third reading 724a
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.480
Mar 11, 2019	reported and committed to finance
Jan 09, 2019	referred to crime victims, crime and correction

Votes

view votes

Jul 21, 2020 - floor Vote

A6710A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 21, 2020 - Crime Victims, Crime and Correction committee Vote

S724A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jan 21, 2020

aye (5)

nay (1)

Akshar

aye wr (1)

Gallivan

Apr 30, 2019 - Finance committee Vote

S724

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 11, 2019 - Crime Victims, Crime and Correction committee Vote

S724

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Mar 11, 2019

aye (5)

nay (1)

Akshar

aye wr (1)

Gallivan

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S724 - Details

See Assembly Version of this Bill:: A6710
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2015-2016: S1016, A238
2017-2018: S3727, A1272

S724 - Summary

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.

S724 - Sponsor Memo

 
BILL NUMBER: S724

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the correction law, in relation to
requiring the department of corrections and community supervision to
place incarcerated parents at correctional institutions and facilities
closest to their children's home

 
PURPOSE:

Requires DOCCS to place persons in correctional facilities located in
closest proximity to the primary place of residence of such person's
minor child or children whenever practicable.

 
SUMMARY OF PROVISIONS:

Section I of the bill sets forth the new subdivision 2 which requires
the commissioner to place persons in correctional institutions or facil-
ities located in closest proximity to where the inmate's minor child or
children reside whenever practicable, provided such placement is appro-
priate, and is in the best interest of the child.  The new subdivision 3

requires that DOCCS, in consultation with the Office of Probation and
Correctional Alternatives and the Office of Children and. Family
Services, develop assessment procedures and criteria.

Section II of the bill sets forth the effective date.

 
JUSTIFICATION:

Over 100,000 children in New York State have at least one parent in
state prison. At present, a majority of individuals are being housed in
facilities that are hours away from their children and families.
Experts in the field of criminal justice agree that in the vast majority
of cases, a.child who has a parent in prison benefits from being able to
have personal contact and communication with them.  Consistent, ongoing
contact reduces the strain of separation, lowers recidivism, and is the
single most important factor in determining whether a family will
reunite after a prison term. The criteria for deciding where individuals
are housed, including decisions about transfers should include proximity
to a child security, mental health, and medical needs. It is important
that a child maintain and increase their access and contact to their
parent in prison.

 
PRIOR LEGISLATIVE HISTORY:

2014: (Rozic) - Correction
2013: A07191 (Rozic) - Correction
2012: A08646 (N.Rivera) - Correction

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
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 effec-
tive date is authorized to be made on or before such date.

S724 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    724
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
   ed,  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 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  AND  WOULD
 FACILITATE INCREASED CONTACT BETWEEN SUCH PERSON AND HIS OR HER CHILD OR
 CHILDREN AND IS IN THE BEST INTEREST OF SUCH CHILD OR CHILDREN.
   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  PROBATION  AND  CORRECTIONAL ALTERNATIVES AND THE
 OFFICE OF CHILDREN AND FAMILY SERVICES. IF SUCH PERSON HAS MORE THAN ONE
 CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR EACH INDI-
 VIDUAL CHILD.
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00980-01-9

Co-Sponsors

view additional co-sponsors

S724A (ACTIVE) - Details

See Assembly Version of this Bill:: A6710
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2013-2014: S2341, A7191
2015-2016: S1016, A238
2017-2018: S3727, A1272

S724A (ACTIVE) - Summary

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.

S724A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S724A

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the correction law, in relation to
requiring the department of corrections and community supervision to
place incarcerated parents at correctional institutions and facilities
closest to their children's home

 
PURPOSE:

Requires DOCCS to place persons in correctional facilities located in
closest proximity to the primary place of residence of such person's
minor child or children.

 
SUMMARY OF PROVISIONS:

Section I of the bill sets forth the new subdivision 2 which requires
the commissioner to place persons in correctional institutions or facil-
ities located in closest proximity to where the inmate's minor child or
children reside, provided such placement is appropriate, and is in the
best interest of the child if the incarcerated parent gives their

consent to such placement. The new subdivision 3 requires that DOCCS, in
consultation with the Office of Probation and Correctional Alternatives
and the Office of Children and Family Services, develop assessment
procedures and criteria. The Department shall submit an annual report
regarding the implementation 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 committee on correction.

Section II of the bill sets forth the effective date.

 
JUSTIFICATION:

Over 100,000 children in New York State have at least one parent in
state prison. At present, a majority of individual s are being housed in
facilities that are hours away from their children and families. Experts
in the field of criminal justice, child development, and child welfare
agree that in the vast majority of cases, a child who has a parent in
prison benefits from being able to have personal contact and communi-
cation with them. Consistent, ongoing contact in the form of in-person
visiting reduces the strain of separation, lowers recidivism, and is the
single most important factor in determining whether a family will
reunite after a prison term. The criteria for deciding where individuals
are housed, including decisions about transfers should include proximity
to a child security , mental health, and medical needs. It is important
that a child maintain a relationship with their parent and increase
their access and contact to their parent in prison. Furthermore, proxim-
ity offers many benefits for corrections, the incarcerated parent, and
successful reentry. Research demonstrates visits with family and chil-
dren improve institutional adjustment, decrease disciplinary infrac-
tions, and promotes lower recidivism rates.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPACT ON THE STATE:

None.
 
EFFECTIVE DATE:
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 effec-
tive date is authorized to be made on or before such date.

S724A (ACTIVE) - Bill Text download pdf

 
                     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.

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The New York State Senate

senate Bill S724A

Sponsored By

Archive: Last Bill Status Via A6710 - Signed by Governor

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 21, 2020 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Jan 21, 2020

Apr 30, 2019 - Finance committee Vote

Committee Vote: Apr 30, 2019

Mar 11, 2019 - Crime Victims, Crime and Correction committee Vote

Committee Vote: Mar 11, 2019

Bill Amendments

Co-Sponsors

S724 - Details

S724 - Summary

S724 - Sponsor Memo

S724 - Bill Text download pdf

Co-Sponsors

S724A (ACTIVE) - Details

S724A (ACTIVE) - Summary

S724A (ACTIVE) - Sponsor Memo

S724A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S724A

Share this bill

Sponsored By

Archive: Last Bill Status Via A6710 - Signed by Governor

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 21, 2020 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Jan 21, 2020

Apr 30, 2019 - Finance committee Vote

Committee Vote: Apr 30, 2019

Mar 11, 2019 - Crime Victims, Crime and Correction committee Vote

Committee Vote: Mar 11, 2019

Bill Amendments

Co-Sponsors

S724 - Details

S724 - Summary

S724 - Sponsor Memo

S724 - Bill Text download pdf

Co-Sponsors

S724A (ACTIVE) - Details

S724A (ACTIVE) - Summary

S724A (ACTIVE) - Sponsor Memo

S724A (ACTIVE) - Bill Text download pdf

Comments