S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9475

                          I N  A S S E M B L Y

                              March 5, 2012
                               ___________

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

AN  ACT  to  amend  the  correction law, in relation to establishing the
  pilot project for the placement of inmates close to home; and  provid-
  ing for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "pilot project for the placement of inmates close to home".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that research shows inmates who maintain family ties  during  incarcera-
tion  have  lower  rates of recidivism than inmates who do not. Further,
most inmates are parents, and more than 80,000 children in the state  of
New York have a parent incarcerated in the state prison system.
  The  legislature  further finds that the department of corrections and
community supervision should consider proximity to minor children  among
the key criteria of security and health and program needs when determin-
ing  prison  assignments  and  transfers  of parents, and should support
increased access of children to their incarcerated parents  through  the
use  of  technology  and programs currently available within the depart-
ment.
  The legislature therefore declares that there is  a  need  to  develop
classification  criteria  that would place inmates in proximity to their
family members and home communities, and in particular for those inmates
who are parents of minor children in the appropriate correctional facil-
ity located closest to those children provided such placement is  other-
wise  appropriate  and  suitable, and would facilitate increased contact
between such inmate and his or her child or children.
  S 3. The correction law is amended by adding a  new  section  72-c  to
read as follows:
  S  72-C.  PILOT PROJECT FOR THE PLACEMENT OF INMATES CLOSE TO HOME. 1.
THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM AT A DESIGNATED CORREC-
TIONAL FACILITY FOR THE PURPOSE OF HOUSING INMATES WHO  ARE  PARENTS  OF
MINOR  CHILDREN IN THE CORRECTIONAL FACILITY WHICH IS LOCATED IN CLOSEST

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

                                                           LBD14694-01-2

A. 9475                             2

PROXIMITY TO THE PRIMARY PLACE OF RESIDENCE OF ANY SUCH  INMATE'S  MINOR
CHILD OR CHILDREN UNDER EIGHTEEN YEARS OF AGE, PROVIDED THAT SUCH PLACE-
MENT  IS  OTHERWISE SUITABLE AND APPROPRIATE PURSUANT TO THE REGULATIONS
OF  THE  DEPARTMENT  AND WOULD FACILITATE INCREASED CONTACT BETWEEN SUCH
INMATE AND HIS OR HER CHILD OR CHILDREN.  FOR  PURPOSES  OF  THIS  PILOT
PROGRAM,  THERE SHALL BE AT LEAST SIXTY INMATES WHO ON A VOLUNTARY BASIS
REQUEST PLACEMENT IN THE PILOT PROGRAM AND  WHO  ARE  PARENTS  OF  MINOR
CHILDREN.  IN  SELECTING  SUCH INMATES THE DEPARTMENT SHALL CONSULT WITH
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND  THE  LOCAL  DISTRICT  OF
SOCIAL SERVICES LOCATED IN THE COUNTY WHERE SUCH INMATE'S CHILD RESIDES.
  2.  THE COMMISSIONER, IN CONSULTATION WITH THE JOHN JAY COLLEGE INSTI-
TUTE FOR CRIMINAL JUSTICE ETHICS OR OTHER SUCH CRIMINAL JUSTICE DIVISION
AS THE ADMINISTRATION OF JOHN JAY  COLLEGE  MAY  PROVIDE,  SHALL  SUBMIT
BEGINNING  ON THE FIRST OF JANUARY IN THE YEAR TWO THOUSAND FOURTEEN AND
EVERY JANUARY THEREAFTER A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESI-
DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE EFFECTIVENESS
OF THIS PILOT PROJECT AND SHALL INCLUDE AN ANALYSIS OF THE IMPACT ON THE
INMATE, HIS OR HER CHILDREN,  AND  FAMILY  PARTICIPANTS  INCLUDING  SUCH
IMPACT  ON  INSTITUTIONAL SAFETY AND PERFORMANCE AND ANY RECOMMENDATIONS
FOR ADDITIONAL LEGISLATIVE ENACTMENTS THAT MAY BE NEEDED OR REQUIRED, TO
IMPROVE, ENHANCE AND SUBSEQUENTLY EXPAND THE PROGRAM  TO  OTHER  CORREC-
TIONAL FACILITIES AS DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER.
  3.  NO  PERSON SHALL HAVE THE RIGHT TO DEMAND OR REQUIRE PARTICIPATION
IN THE PILOT PROJECT AUTHORIZED BY THIS SECTION.  THE  COMMISSIONER  MAY
REVOKE  AT ANY TIME PARTICIPATION IN SUCH PROJECT FOR ANY SERIOUS DISCI-
PLINARY INFRACTION COMMITTED BY THE INMATE OR FOR ANY FAILURE TO CONTIN-
UE TO PARTICIPATE  SUCCESSFULLY  IN  ANY  ASSIGNED  WORK  AND  TREATMENT
PROGRAM AFTER PLACEMENT IN SUCH PILOT PROGRAM. ANY ACTION BY THE COMMIS-
SIONER  PURSUANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  S 4. This act shall take effect six months after it shall have  become
a  law and shall expire September 1, 2015 when upon such date provisions
of this act shall be deemed repealed.  Effective immediately, the  addi-
tion,  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.