A00238 Summary:

BILL NOA00238A
 
SAME ASSAME AS S01016-A
 
SPONSORRozic
 
COSPNSRAubry, Davila, Fahy, Jaffee, Lavine, Mosley, Moya, Perry, Robinson, Titone, Rosenthal, Blake, Simon, Sepulveda, Barrett
 
MLTSPNSRArroyo, Brennan, Magee
 
Amd 158, 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 NOA00238A
 
01/07/2015referred to correction
01/06/2016referred to correction
03/24/2016amend and recommit to correction
03/24/2016print number 238a
03/29/2016reported
04/01/2016advanced to third reading cal.467
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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: A238A
 
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 whenever practicable.   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 whenever practicable, provided such placement is appro- priate, 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 effec- tive date is authorized to be made on or before such date.
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A00238 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         238--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ROZIC,  AUBRY, DAVILA, FAHY, JAFFEE, LAVINE,
          MOSLEY, MOYA, PERRY, ROBINSON, TITONE -- Multi-Sponsored by --  M.  of
          A.  ARROYO,  BRENNAN  --  read  once  and referred to the Committee on
          Correction -- recommitted to the Committee on Correction in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        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,
     6  whenever practicable the commissioner shall place  such  person  in  the
     7  correctional institution or facility which is located in closest proxim-
     8  ity  to  the  primary place of residence of such person's minor child or
     9  children as defined in subdivision thirty-one  of  section  two  of  the
    10  social services law, provided that such placement is suitable and appro-
    11  priate  and  would  facilitate increased contact between such person and
    12  his or her child or children and is in the best interest of  such  child
    13  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 in  consultation
    17  with  the  office  of  probation  and  correctional alternatives and the
    18  office of children and family services. If such person has more than one
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00748-02-6

        A. 238--A                           2
 
     1  child, the department shall make a separate determination for each indi-
     2  vidual child.
     3    §  2. This act shall take effect one year after it shall have become a
     4  law. Effective immediately, the addition, amendment and/or repeal of any
     5  rule or regulation necessary for the implementation of this act  on  its
     6  effective date are authorized to be made on or before such date.
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