BILL NO A00238
SAME AS SAME AS S01016
SPONSOR Rozic (MS)
COSPNSR Aubry, Davila, Fahy, Jaffee, Lavine, Mosley, Moya, Perry, Robinson,
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.
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
facilities 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 Alternatives 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
transfers 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.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
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
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.
A. 238 2
1 S 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.