Senate Bill S4315

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4315
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, 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  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 INCARCERATED INDIVIDUALS 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  INCARCERATED  INDIVIDUAL  POPULATION CAPACITY OF OVER EIGHT
 HUNDRED BEDS. PROGRAM FACILITIES AND ADMINISTRATION MAY BE SHARED  AMONG
 CORRECTIONAL FACILITIES. SMALLER MEDIUM-SECURITY FACILITIES LOCATED NEAR
 MAXIMUM-SECURITY  FACILITIES  OR LARGE MEDIUM-SECURITY FACILITIES MAY BE
 PERMITTED TO PARTICIPATE IN THE PROGRAM AT SUCH FACILITIES. FAMILY REUN-
 ION PROGRAMS SHALL CONTAIN ENOUGH HOUSING UNITS  TO  ACCOMMODATE  FAMILY
 REUNION  PROGRAM VISITS AT LEAST ONE TIME EVERY FOUR MONTHS FOR ELIGIBLE
 INCARCERATED INDIVIDUALS.
   2. INCARCERATED INDIVIDUALS 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 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL 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.  INCARCERATED  INDIVIDUALS  WHO  ARE  DENIED  PARTICIPATION IN THE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01076-01-3
 S. 4315                             2

 PROGRAM MAY APPEAL TO THE COMMISSIONER. ONCE AN INCARCERATED  INDIVIDUAL
 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 INCARCERATED INDIVIDUAL IS TRANSFERRED TO A NEW FACILITY,  HIS  OR
 HER  ELIGIBILITY  FOR  THE FAMILY REUNION PROGRAM WILL CONTINUE AND SUCH
 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUALS 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 PARTICIPATION IN THE PROGRAM:
   (I)  LEGAL  SPOUSES,  INCLUDING  A  SPOUSE WHO MARRIES AN INCARCERATED
 INDIVIDUAL DURING THE TERM OF HIS OR HER INCARCERATION;
   (II) CHILDREN OR STEPCHILDREN OF THE INCARCERATED INDIVIDUAL, WHO  MAY
 BE ACCOMPANIED BY THEIR NON-INCARCERATED PARENT;
   (III) PARENTS OR STEPPARENTS OF THE INCARCERATED INDIVIDUAL;
   (IV) GRANDPARENTS;
   (V) SIBLINGS;
   (VI) GRANDCHILDREN OF THE INCARCERATED INDIVIDUAL; AND
   (VII)  WITH  SPECIAL APPROVAL FROM THE FACILITY SUPERINTENDENT, AUNTS,
 UNCLES, COUSINS, FOSTER PARENTS AND IN-LAWS OF THE INCARCERATED INDIVID-
 UAL, 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. INCARCERATED INDIVIDUALS 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 INCARCERATED INDIVIDUAL AND
 TO THE PROPOSED VISITOR. WHEN SUCH DANGER HAS PASSED,  THE  INCARCERATED
 INDIVIDUAL  SHALL  AGAIN  BE  ELIGIBLE  FOR PARTICIPATION IN THE PROGRAM
 UNLESS HE OR SHE HAS FAILED TO MAINTAIN A GOOD DISCIPLINARY RECORD OR TO
 COMPLY WITH THE DEPARTMENT'S PROGRAM REQUIREMENTS.   INCARCERATED  INDI-
 VIDUALS  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.