A00238 Summary:

BILL NO    A00238 

SAME AS    
SAME AS S01016

SPONSOR    Rozic

COSPNSR    Aubry, Davila, Fahy, Jaffee, Lavine, Mosley, Moya, Perry, Robinson,
           Titone

MLTSPNSR   Arroyo, Brennan, Clark

Amd S158, Cor L

Requires the department of corrections and community supervision to place
incarcerated parents at correctional institutions and facilities closest to
their children's home.
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A00238 Actions:

BILL NO    A00238 

01/07/2015 referred to correction
01/06/2016 referred to correction
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A00238 Votes:

There are no votes for this bill in this legislative session.
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A00238 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A238
 
SPONSOR: Rozic (MS)
  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. The new subdivision 3 requires that DOCCS, in consultation with the Office of Probation and Correctional Alterna- tives 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 trans- fers 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: A08846 (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 effective date is authorized to be made on or before such date.
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A00238 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           238
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ROZIC,  AUBRY, DAVILA, FAHY, JAFFEE, LAVINE,
          MOSLEY, MOYA, PERRY, ROBERTS, ROBINSON, TITONE --  Multi-Sponsored  by
          --  M. of A. ARROYO, BRENNAN, CLARK, HEASTIE -- read once and referred
          to the Committee on 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:
 
     1    Section  1. The opening paragraph of section 158 of the correction law
     2  is designated subdivision 1 and two new subdivisions 2 and 3  are  added
     3  to read as follows:
     4    2.  Notwithstanding the provisions of subdivision one of this section,
     5  in determining placement for a person in custody of  the  department  of
     6  corrections and community supervision, the commissioner shall place such
     7  person  in  the correctional institution or facility which is located in
     8  closest proximity to the primary place of  residence  of  such  person's
     9  minor  child or children as defined in subdivision thirty-one of section
    10  two of the social services law, provided that such placement is suitable
    11  and appropriate and would  facilitate  increased  contact  between  such
    12  person  and  his or her child or children and is in the best interest of
    13  such child or children.
    14    3. To make a determination about whether such placement is in the best
    15  interest of such child or children, procedures and criteria for  assess-
    16  ing  such  placement shall be developed by the department of corrections
    17  and community supervision in consultation with the office  of  probation
    18  and  correctional  alternatives  and  the  office of children and family
    19  services, if such person has more than one child, the  department  shall
    20  make a separate determination for each individual child.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00748-01-5

        A. 238                              2
 
     1    §  2. This act shall take effect one year after it shall have become a
     2  law. Effective immediately, the addition, amendment and/or repeal of any
     3  rule or regulation necessary for the implementation of this act  on  its
     4  effective date is authorized to be made on or before such date.
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