S T A T E O F N E W Y O R K
________________________________________________________________________
6235
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
___________
Introduced by M. of A. WEPRIN, HYNDMAN -- 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 incarcerated individuals close to
home; and providing 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 incarcerated individuals close
to home".
§ 2. Legislative intent. The legislature hereby finds and declares
that research shows incarcerated individuals who maintain family ties
during incarceration have lower rates of recidivism than incarcerated
individuals who do not. Further, most incarcerated individuals 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 incarcerated individuals in
proximity to their family members and home communities, and in partic-
ular for those incarcerated individuals who are parents of minor chil-
dren in the appropriate correctional facility located closest to those
children provided such placement is otherwise appropriate and suitable,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09906-01-3
A. 6235 2
and would facilitate increased contact between such incarcerated indi-
vidual and his or her child or children.
§ 3. The correction law is amended by adding a new section 72-d to
read as follows:
§ 72-D. PILOT PROJECT FOR THE PLACEMENT OF INCARCERATED INDIVIDUALS
CLOSE TO HOME. 1. THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM FOR
THE PURPOSE OF HOUSING INCARCERATED INDIVIDUALS WHO ARE PARENTS OF MINOR
CHILDREN IN THE CORRECTIONAL FACILITY WHICH IS LOCATED IN CLOSEST PROX-
IMITY TO THE PRIMARY PLACE OF RESIDENCE OF ANY SUCH INCARCERATED INDI-
VIDUALS 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 INCARCERATED INDIVIDUAL AND HIS OR HER CHILD OR CHILDREN.
FOR PURPOSES OF THIS PILOT PROGRAM, INCARCERATED INDIVIDUALS WHO ARE
PARENTS OF MINOR CHILDREN ON A VOLUNTARY BASIS, WOULD REQUEST PLACEMENT
IN THE PILOT PROGRAM. IN SELECTING SUCH INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL'S CHILD RESIDES TO DETERMINE IF ANY REASONS
EXIST, SUCH AS NO VISITATION ORDER, THAT MAY PREVENT THE INCARCERATED
INDIVIDUAL 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 INCARCERATED INDIVIDUAL, INCLUDING FACTORS SUCH AS
INSTITUTIONAL ADJUSTMENT, BEHAVIOR INFRACTIONS, AND PROGRAM PARTIC-
IPATION, 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 PROXIM-
ITY INTO PLACEMENT DECISIONS FOR ALL INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL OR FOR ANY
FAILURE TO CONTINUE 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 INCARCERATED INDIVIDUALS WHO WERE PRIMARY CAREGIVERS,
ALTHOUGH ALL INCARCERATED INDIVIDUAL PARENTS OF MINOR CHILDREN SHALL BE
CONSIDERED. THE DEPARTMENT SHALL VERIFY THAT THE MINOR CHILDREN OF
INCARCERATED INDIVIDUALS PARTICIPATING IN SUCH PILOT PROGRAM WILL BE
ABLE TO COME TO THE FACILITY FOR PERIODIC VISITATION. ANY ACTION BY THE
COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNC-
TION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW. INCAR-
CERATED INDIVIDUALS SHALL NOT BE ELIGIBLE FOR THIS PROGRAM FOR A VARIETY
OF FACTORS, AS LISTED IN, BUT NOT LIMITED TO, THOSE ENUMERATED IN THIS
A. 6235 3
SECTION. INCARCERATED INDIVIDUALS WHO ARE INCARCERATED FOR VIOLATING
PAROLE OR CONDITIONAL RELEASE SHALL BE INELIGIBLE FOR THIS PILOT
PROGRAM. INCARCERATED INDIVIDUALS WHO HAVE COMMITTED A CRIME AGAINST A
CHILD SHALL BE INELIGIBLE FOR THIS PILOT PROGRAM. INCARCERATED INDIVID-
UALS 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.
§ 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 and completed on or before such effective
date.