Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.
STATE OF NEW YORK
________________________________________________________________________
724--A
Cal. No. 480
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. MONTGOMERY, CARLUCCI, KRUEGER, MAYER, RAMOS, RIVERA,
SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
to be committed to the Committee on Crime Victims, Crime and
Correction -- reported favorably from said committee and committed to
the Committee on Finance -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
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 correction law is amended by adding a new section 72-c
2 to read as follows:
3 § 72-c. Placement of individuals with children. 1. In determining
4 placement for a person in custody of the department, whenever practica-
5 ble the commissioner shall place such person in the correctional insti-
6 tution or facility which is located in closest proximity to the primary
7 place of residence of such person's minor child or children as defined
8 in subdivision thirty-one of section two of the social services law,
9 provided that such placement is suitable and appropriate, would facili-
10 tate increased contact between such person and his or her child or chil-
11 dren, is in the best interest of such child or children, and the incar-
12 cerated parent gives his or her consent to such placement.
13 2. To make a determination about whether such placement is in the best
14 interest of such child or children, procedures and criteria for assess-
15 ing such placement shall be developed by the department in consultation
16 with the office of children and family services. If such person has more
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00980-05-9
S. 724--A 2
1 than one child, the department shall make a separate determination for
2 each individual child.
3 3. The department shall submit an annual report regarding the imple-
4 mentation of this section to the temporary president of the senate, the
5 speaker of the assembly, the minority leader of the senate and minority
6 leader of the assembly as well as to the chairs of the senate committee
7 on crime victims, crime and correction and the assembly standing commit-
8 tee on correction. The report shall include, but not be limited to, the
9 number of incarcerated persons who are parents of minor children, the
10 aggregate number of incarcerated parents by county of commitment, the
11 number of incarcerated parents who are placed in a correctional facility
12 in closest proximity to their children pursuant to this section, the
13 location of such facilities, the number of incarcerated parents for whom
14 proximal placement was not provided, a general explanation of the
15 reasons that such placement was not provided which shall not include any
16 identifying information, and the amount of incarcerated parents who
17 declined such placement pursuant to this section.
18 § 2. This act shall take effect one year after it shall have become a
19 law. Effective immediately, the addition, amendment and/or repeal of any
20 rule or regulation necessary for the implementation of this act on its
21 effective date are authorized to be made on or before such date.
