Bill Text: NY S00724 | 2019-2020 | General Assembly | Amended

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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: Partisan Bill (Democrat 16-0)

Status: (Passed) 2020-12-23 - signed chap.355 [S00724 Detail]

Download: New_York-2019-S00724-Amended.html

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                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.