Bill Text: NY A06710 | 2019-2020 | General Assembly | Amended


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

Spectrum: Strong Partisan Bill (Democrat 37-2)

Status: (Introduced) 2019-05-23 - advanced to third reading cal.428 [A06710 Detail]

Download: New_York-2019-A06710-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6710--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 15, 2019
                                       ___________

        Introduced  by M. of A. ROZIC, CRESPO, GOTTFRIED, AUBRY, BARRETT, BLAKE,
          DAVILA, FAHY, JAFFEE, MOSLEY, PERRY, L. ROSENTHAL, DE LA ROSA,  SIMON,
          WEPRIN,  QUART,  DenDEKKER,  CRUZ,  D'URSO,  COLTON,  ORTIZ,  DICKENS,
          RIVERA, SAYEGH, HYNDMAN,  COOK,  GLICK,  REYES,  WILLIAMS,  McDONOUGH,
          ABINANTI,  WRIGHT,  FERNANDEZ,  RAYNOR,  JEAN-PIERRE, TAYLOR, ASHBY --
          Multi-Sponsored by -- M. of  A.  ARROYO,  EPSTEIN  --  read  once  and
          referred  to the Committee on Correction -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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.
                                                                   LBD00980-04-9

        A. 6710--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.
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