Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6710A
SPONSOR: Rozic (MS) 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 facil-
ities 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 if the incarcerated parent gives their
consent to such placement. 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. The Department shall submit an annual report
regarding the implementation of this section to the temporary president
of the senate, the speaker of the assembly, the minority leader of the
senate and minority leader of the assembly as well as to the chairs of
the senate committee on crime victims, crime and correction and the
assembly standing committee on correction.
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 individual s are being housed in
facilities that are hours away from their children and families. Experts
in the field of criminal justice, child development, and child welfare
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 communi-
cation with them. Consistent, ongoing contact in the form of in-person
visiting 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 a relationship with their parent and increase
their access and contact to their parent in prison. Furthermore, proxim-
ity offers many benefits for corrections, the incarcerated parent, and
successful reentry. Research demonstrates visits with family and chil-
dren improve institutional adjustment, decrease disciplinary infrac-
tions, and promotes lower recidivism rates.
LEGISLATIVE HISTORY:
2018: A01272A (Rozic) - Passed Assembly
2017: A01272 (Rozic) - Third Reading
2016: A00238A (Rozic) - Third Reading
2015: A00238 (Rozic) - Correction
2014: A07191 (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 effec-
tive date is authorized to be made on or before such date.
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.
