S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7589
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN, CRUZ, EPSTEIN, L. ROSENTHAL, SAYEGH,
   AUBRY, SIMON -- read once and referred to the Committee on 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
 CONFINEMENT OR KEEP LOCK. INMATES WHO ARE DENIED  PARTICIPATION  IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08386-01-1

 A. 7589                             2
 
 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.