Bill Text: NY S05588 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the department of corrections and community supervision to create a family reunion program to provide eligible inmates and their families the opportunity to meet for an extended period of time in a residential setting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05588 Detail]

Download: New_York-2019-S05588-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5588
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 8, 2019
                                       ___________
        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Crime Victims,  Crime
          and Correction
        AN  ACT  to  amend  the  correction law, in relation to establishing the
          family reunion program
          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 138-b
     2  to read as follows:
     3    §  138-b.  Family  reunion  program.  1. The department shall create a
     4  family reunion program to provide eligible inmates  and  their  families
     5  the  opportunity  to meet for an extended period of time in privacy in a
     6  residential setting. Such program shall be available  at  every  general
     7  confinement  maximum-security  state  correctional  facility  and at any
     8  medium-security state correctional facility with a  general  confinement
     9  inmate  population  capacity of over eight hundred beds. Program facili-
    10  ties and administration may be  shared  among  correctional  facilities.
    11  Smaller  medium  facilities  located near maximum security facilities or
    12  large medium security facilities may be permitted to participate in  the
    13  program at such facilities. Family reunion programs shall contain enough
    14  housing  units to accommodate family reunion program visits at least one
    15  time every four months for eligible inmates.
    16    2. Inmates who maintain a good disciplinary record,  who  comply  with
    17  departmental  program  requirements and who do not pose a current danger
    18  pursuant to subdivision four of this section shall be eligible to  apply
    19  for  participation  in  the  family reunion program. A good disciplinary
    20  record shall mean the inmate has not resided in a segregated confinement
    21  unit or in keep lock for a sanction for  misbehavior  for  over  fifteen
    22  days  within  the  last six months prior to the visit. An inmate who has
    23  not maintained a good disciplinary record may reapply for family reunion
    24  program participation six months after being  released  from  segregated
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11553-01-9

        S. 5588                             2
     1  confinement  or  keep  lock. Inmates who are denied participation in the
     2  program may appeal to the commissioner. Once an inmate has been approved
     3  for participation in the family reunion program, he or she shall  remain
     4  eligible  to  participate  unless such eligibility is taken away for bad
     5  conduct, failure to comply with  departmental  program  requirements  or
     6  because  he  or she has been determined to pose a current danger to self
     7  or others pursuant to subdivision four of this section. If an inmate  is
     8  transferred  to  a  new  facility, his or her eligibility for the family
     9  reunion program will continue and  such  inmate  shall  be  eligible  to
    10  participate  in  the  family reunion program at such new facility thirty
    11  days after arrival.
    12    3. (a) Applications for participation in the  family  reunion  program
    13  may  be  made  for  the  following family members who have established a
    14  pattern of visitation, as defined by three visits  in  the  last  twelve
    15  months unless such family member lives out of state, is disabled, elder-
    16  ly  or a minor, or lives more than three hundred miles from the facility
    17  where the inmate is housed. In such cases, the visitor shall be  allowed
    18  to  participate  in  the  family  reunion program without establishing a
    19  recent pattern of visitation if he or she  is  otherwise  eligible.  The
    20  department shall provide reasonable accommodations for disabled visitors
    21  and  inmates  upon request. The number of visitors at any one time shall
    22  be limited to the occupancy capacity of the family reunion program unit,
    23  as determined by the fire and safety  official  with  jurisdiction  over
    24  such  units.  The  following  family members may be eligible for partic-
    25  ipation in the program:
    26    (i) legal spouses, including a spouse who marries an inmate during the
    27  term of his or her incarceration;
    28    (ii) children or step-children of the inmate, who may  be  accompanied
    29  by their non-incarcerated parent;
    30    (iii) parents or step-parents of the inmate;
    31    (iv) grandparents;
    32    (v) siblings;
    33    (vi) grandchildren of the inmate; and
    34    (vii)  with  special approval from the facility superintendent, aunts,
    35  uncles, cousins, foster parents and in-laws of the inmate, with proof of
    36  relationship.
    37    (b) An eligible visitor may lose  eligibility  if  he  or  she  is  in
    38  violation  of a serious rule or regulation of the program, as determined
    39  by the commissioner. Any visitor who loses his  or  her  eligibility  to
    40  participate  in  the  program  shall be granted due process and shall be
    41  eligible to participate in the program after a reasonable waiting period
    42  unless he or she has been convicted of a crime related  to  his  or  her
    43  participation in the program.
    44    4.  Inmates  who  pose a current danger to themselves or others may be
    45  denied family reunion program visitation. Such denial must be made on  a
    46  case-by-case basis at the time visitation is sought and shall be made in
    47  writing,  with  a  copy  to the inmate and to the proposed visitor. When
    48  such danger has passed, the inmate shall again be eligible  for  partic-
    49  ipation  in  the  program unless he or she has failed to maintain a good
    50  disciplinary record or to comply with the department's program  require-
    51  ments.    Inmates  who test positive for human immunodeficiency virus or
    52  hepatitis B or C, may participate in the program with  informed  consent
    53  of the visitor or visitors.
    54    §  2. This act shall take effect one year after it shall have become a
    55  law.
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