S T A T E   O F   N E W   Y O R K
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    S. 6077                                                  A. 8846

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  N. RIVERA -- read once and
  referred to the Committee on Correction

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:

  Section 1. The opening paragraph of section 158 of the correction law,
as added by chapter 788 of the laws of 1968, is designated subdivision 1
and two new subdivisions 2 and 3 are added to read as follows:
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN DETERMINING PLACEMENT FOR A PERSON IN CUSTODY OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER SHALL PLACE SUCH
PERSON  IN  THE CORRECTIONAL INSTITUTION OR FACILITY WHICH IS LOCATED IN
CLOSEST PROXIMITY TO THE PRIMARY PLACE OF  RESIDENCE  OF  SUCH  PERSON'S
MINOR  CHILD OR CHILDREN AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION
TWO OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH PLACEMENT IS SUITABLE
AND APPROPRIATE AND WOULD  FACILITATE  INCREASED  CONTACT  BETWEEN  SUCH
PERSON  AND  HIS OR HER CHILD OR CHILDREN AND IS IN THE BEST INTEREST OF
SUCH CHILD OR CHILDREN.
  3. TO MAKE A DETERMINATION ABOUT WHETHER SUCH PLACEMENT IS IN THE BEST
INTEREST OF SUCH CHILD OR CHILDREN, PROCEDURES AND CRITERIA FOR  ASSESS-
ING  SUCH  PLACEMENT SHALL BE DEVELOPED BY THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION IN CONSULTATION WITH THE OFFICE  OF  PROBATION
AND  CORRECTIONAL  ALTERNATIVES  AND  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES, IF SUCH PERSON HAS MORE THAN ONE CHILD, THE  DEPARTMENT  SHALL
MAKE A SEPARATE DETERMINATION FOR EACH INDIVIDUAL CHILD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13754-01-1

S. 6077                             2                            A. 8846

  S  2. 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
effective date is authorized to be made on or before such date.