Senate Bill S5087

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5087
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  FERNANDEZ  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07450-01-5
              

 S. 5087                             2
 
 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
 PROGRAM  MAY APPEAL TO THE COMMISSIONER. ONCE AN INCARCERATED INDIVIDUAL
 HAS BEEN APPROVED FOR PARTICIPATION IN THE FAMILY REUNION PROGRAM,  SUCH
 INCARCERATED INDIVIDUAL SHALL REMAIN ELIGIBLE TO PARTICIPATE UNLESS SUCH
 ELIGIBILITY  IS  TAKEN  AWAY  FOR  BAD  CONDUCT,  FAILURE TO COMPLY WITH
 DEPARTMENTAL PROGRAM REQUIREMENTS OR BECAUSE SUCH INCARCERATED  INDIVID-
 UAL  HAS  BEEN  DETERMINED  TO  POSE  A CURRENT DANGER TO SELF OR OTHERS
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. IF AN  INCARCERATED  INDI-
 VIDUAL  IS TRANSFERRED TO A NEW FACILITY, SUCH INCARCERATED INDIVIDUAL'S
 ELIGIBILITY FOR THE FAMILY REUNION PROGRAM WILL CONTINUE AND SUCH INCAR-
 CERATED INDIVIDUAL SHALL BE ELIGIBLE TO PARTICIPATE IN THE FAMILY  REUN-
 ION 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 SUCH VISITOR 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 SUCH INCARCERATED INDIVIDUAL'S INCARCERA-
 TION;
   (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, SIBLINGS
 OF  PARENTS,  COUSINS,  FOSTER  PARENTS  AND IN-LAWS OF THE INCARCERATED
 INDIVIDUAL, WITH PROOF OF RELATIONSHIP.
   (B) AN ELIGIBLE VISITOR MAY LOSE ELIGIBILITY IF  SUCH  VISITOR  IS  IN
 VIOLATION  OF A SERIOUS RULE OR REGULATION OF THE PROGRAM, AS DETERMINED
 BY THE COMMISSIONER. ANY VISITOR WHO LOSES SUCH VISITOR'S 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  SUCH VISITOR HAS BEEN CONVICTED OF A CRIME RELATED TO SUCH VISI-
 TOR'S 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 SUCH INCARCERATED INDIVIDUAL HAS FAILED TO MAINTAIN A GOOD DISCI-
 PLINARY  RECORD OR TO COMPLY WITH THE DEPARTMENT'S PROGRAM REQUIREMENTS.
 INCARCERATED INDIVIDUALS WHO TEST POSITIVE  FOR  HUMAN  IMMUNODEFICIENCY
 S. 5087                             3
 
 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.