A00238 Summary:

BILL NO    A00238 

SAME AS    SAME AS S01016

SPONSOR    Rozic (MS)

COSPNSR    Aubry, Davila, Fahy, Jaffee, Lavine, Mosley, Moya, Perry, Roberts,
           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
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A00238 Votes:

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

 BILL NUMBER:  A238

 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.
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A00238 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          238

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (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    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.
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