S T A T E   O F   N E W   Y O R K
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                                 2308--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by M. of A. CRESPO, AUBRY, PERRY -- Multi-Sponsored by -- M.
  of A. LENTOL -- read once and referred to the Committee on  Correction
  --  recommitted  to  the  Committee  on  Correction in accordance with
  Assembly Rule 3, sec. 2 -- reported and referred to the  Committee  on
  Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02561-10-4

              

A. 2308--A                          2

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
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  A  MAXIMUM  OF  ONE  HUNDRED MALE AND FEMALE
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 TO DETERMINE IF ANY REASONS EXIST,  SUCH  AS
NO  VISITATION  ORDER, THAT MAY PREVENT THE INMATE FROM PARTICIPATING IN
THE PILOT PROGRAM. IF THE INMATE'S CHILD AND/OR FAMILY IS SUBJECT TO THE
PREVIEW OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL  SOCIAL
SERVICES DISTRICT, THE DEPARTMENT SHALL CONSULT WITH THE ASSIGNED AGENCY
TO  DETERMINE  WHETHER  THE  CHILD AND/OR FAMILY IS SUITABLE FOR PARTIC-
IPATION IN THE PILOT PROGRAM, AND, IF SO, COLLABORATE WITH  SUCH  AGENCY
TO  OBTAIN  INFORMATION RELATING TO SUCH CHILD AND/OR FAMILY AS SHALL BE
NECESSARY TO DETERMINE THE EFFECTIVENESS OF THE PILOT PROGRAM.
  2. THE COMMISSIONER, IN CONSULTATION WITH APPROPRIATE COMMUNITY ORGAN-
IZATIONS, SHALL SUBMIT WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
SECTION  AND ANNUALLY THEREAFTER A REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ON  THE  EFFEC-
TIVENESS  OF THIS PILOT PROJECT.  SUCH REPORTS SHALL INCLUDE AN ANALYSIS
OF THE IMPACT ON THE INMATE, INCLUDING  FACTORS  SUCH  AS  INSTITUTIONAL
ADJUSTMENT,  BEHAVIOR  INFRACTIONS,  AND  PROGRAM  PARTICIPATION,  AMONG
RELATED RELEVANT FACTORS, AND ON HIS OR HER CHILDREN AND FAMILY  PARTIC-
IPANTS.    THE  REPORTS  SHALL  ALSO INCLUDE ANALYSIS OF FACTORS SUCH AS
FREQUENCY OF VISITS, REPORTS FROM CAREGIVERS ABOUT CHILDREN'S CONNECTED-
NESS TO THEIR INCARCERATED PARENTS, CHILDREN'S EMOTIONAL WELL-BEING  AND
BEHAVIOR  IN  THE  HOME,  AND  OTHER RELEVANT FACTORS AS INCLUDED IN THE
CAREGIVER'S REPORTS. FOR CHILD WELFARE CASES, IN ADDITION TO  THE  ABOVE
FACTORS,  PROGRESS  TOWARD  PERMANENCY  GOALS, PARENT'S PARTICIPATION IN
CASE PLANNING, AND OTHER RELEVANT FACTORS SHALL BE NOTED. IN CASES WHERE
AN INMATE PARENT'S RELEASE IS IMMINENT, AS DETERMINED BY THE COMMISSION-
ER, THE REPORT SHALL EXAMINE THE LEVEL OF SUPPORT RECEIVED AND  PROVIDED
BY  THE  INMATE'S  FAMILY  THROUGH FAMILY INVOLVEMENT AND THE ATTACHMENT
BETWEEN A RETURNING PARENT AND HIS OR HER CHILDREN  UPON  REUNIFICATION.
THE  REPORTS  SHALL ALSO INCLUDE SUCH IMPACT ON INSTITUTIONAL SAFETY AND
PERFORMANCE AND ANY RECOMMENDATIONS FOR  ADDITIONAL  LEGISLATIVE  ENACT-
MENTS  THAT  MAY  BE  NEEDED OR REQUIRED, TO IMPROVE, ENHANCE AND SUBSE-
QUENTLY EXPAND THE PROGRAM TO OTHER CORRECTIONAL  FACILITIES  AS  DETER-
MINED TO BE APPROPRIATE BY THE COMMISSIONER.  IN COMPILING SUCH REPORTS,
THE COMMISSIONER MAY ESTABLISH AND UTILIZE A CONTROL GROUP AND, IF HE OR
SHE  FAILS TO DO SO, THE COMMISSIONER SHALL INCLUDE AN EXPLANATION AS TO
WHY A CONTROL GROUP WAS NOT USED.
  3. NO PERSON SHALL HAVE THE RIGHT TO DEMAND OR  REQUIRE  PARTICIPATION
IN  THE  PILOT PROJECT AUTHORIZED BY THIS SECTION.  THE COMMISSIONER MAY

A. 2308--A                          3

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.
  4. AN ELIGIBILITY PREFERENCE SHALL BE GRANTED FOR CHILD WELFARE CASES.
ADMISSION  SHALL  BE  GRANTED  ON  A ROLLING BASIS AND PRIORITY SHALL BE
GIVEN TO INMATES  WHO  WERE  PRIMARY  CAREGIVERS,  ALTHOUGH  ALL  INMATE
PARENTS SHALL BE CONSIDERED. THE FAMILIES OF INMATES SHALL SUBMIT DEMON-
STRATED  PROOF THAT THEY WILL VISIT THE INMATE IF THE PERSON LIVES CLOS-
ER, AND THE  INMATE  SHALL  REQUEST  THAT  SUCH  FAMILY  MEMBERS  SUBMIT
LETTERS.  OTHER  RELEVANT  FACTORS  SHALL  BE  TAKEN INTO CONSIDERATION,
INCLUDING BUT NOT LIMITED TO, WHETHER AN INMATE'S FAMILY MEMBER  HAS  AN
UNDUE  HARDSHIP  THAT  WOULD  AFFECT  THE  PERSON'S ABILITY TO VISIT THE
INMATE. SUCH HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO,  A  PHYSICAL
DISABILITY  OR  SERIOUS  ILLNESS  THAT  INHIBITS TRAVEL, OR WHETHER THEY
WOULD NOT BE ABLE TO REASONABLY VISIT THE INMATE BECAUSE THEY  WOULD  BE
UNABLE  TO  VISIT  BY  PUBLIC  TRANSPORTATION AND CANNOT AFFORD OR USE A
MOTOR VEHICLE.  ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS  SECTION
SHALL  BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE
IN ACCORDANCE WITH LAW.
  5. INMATES SHALL NOT BE ELIGIBLE FOR THIS PROGRAM  FOR  A  VARIETY  OF
FACTORS,  AS  LISTED  IN,  BUT  NOT LIMITED TO, THOSE ENUMERATED IN THIS
SECTION. INMATES WHO ARE INCARCERATED FOR  VIOLATING  PAROLE  OR  CONDI-
TIONAL  RELEASE  SHALL  BE INELIGIBLE FOR THIS PROGRAM. INMATES WHO WERE
CONVICTED OF A SEX OFFENSE SHALL BE INELIGIBLE FOR THIS PROGRAM. INMATES
WHO HAVE COMMITTED A CRIME AGAINST A CHILD SHALL BE INELIGIBLE FOR  THIS
PROGRAM. INMATES FOR WHOM A CLOSER LOCATION WOULD NOT LEAD TO MORE VISI-
TORS  SHALL  NOT  BE ELIGIBLE FOR THIS PROGRAM. INMATES WHO HAVE NOT HAD
CONTACT WITH THEIR CHILDREN IN OVER A YEAR OUT  OF  THEIR  OWN  VOLITION
SHALL  NOT  BE  ELIGIBLE  FOR THIS PROGRAM, UNLESS THERE IS A COMPELLING
REASON FOR NOT HAVING HAD CONTACT WITH THEIR CHILDREN. THE  COMMISSIONER
IS  EMPOWERED  TO  GRANT  PREFERENCE TO MORE INVOLVED INMATE PARENTS, AS
DETERMINED BY THE AMOUNT OF CONTACT THAT THE CHILDREN  HAVE  WITH  THEIR
PARENTS,  SHOULD  THE COMMISSIONER DETERMINE TO DO SO. INMATES WHO WOULD
ORDINARILY BE SENT TO A STRICTER SECURITY LEVEL PRISON SHALL NOT, UNLESS
COMPELLING REASONS SHALL SUGGEST OTHERWISE, BE SENT TO A LIGHTER SECURI-
TY PRISON BECAUSE OF PROXIMITY ON THE  BASIS  OF  THIS  PROGRAM.  MENTAL
HEALTH ISSUES SHALL NOT BE AN ISSUE OF INELIGIBILITY WITH REGARD TO THIS
PROGRAM, UNLESS THERE IS A COMPELLING REASON TO DO SO.
  S  4. This act shall take effect six months after it shall have become
a law and shall expire 3 years after it shall take effect when upon such
date the provisions of this act shall be  deemed  repealed.    Effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date is authorized to be made on or before such date.