NY State Senate Bill 2013-S2341

Senate Bill S2341

2013-2014 Legislative Session

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions closest to their children's home

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to crime victims, crime and correction
Jan 16, 2013	referred to crime victims, crime and correction

co-Sponsors

2013-S2341 (ACTIVE) - Details

See Assembly Version of this Bill:: A7191
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §158, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6077, A8846
2015-2016: S1016, A238
2017-2018: S3727, A1272
2019-2020: S724, A6710

2013-S2341 (ACTIVE) - Summary

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.

2013-S2341 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2341

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:  Amends section 158 of the correction law as,
as added by chapter 788 of the laws of 1968, by designating the
opening paragraph as subdivision 1, and adding two new subdivisions 2
and 3.

The new subdivision 2 requires the commissioner to place persons in
correctional institutions or facilities located in closest proximity
to where the inmate's minor child or children reside, provided such
placement is appropriate and would facilitate increased contact
between the person in prison inmate his/her child(ren), and is in the
best interest of the child(ren).

The new subdivision 3 requires that DOCCS, in consultation with the
office of probation and correctional alternatives as well as the
office of children and family services, develop assessment procedures

and criteria to determine whether proximity placement is in the best
interest of the child(ren).

JUSTIFICATION:  Over 100,000 children in New York State have at least
one parent in state prison. Experts in the field of criminal justice
generally agree that in the vast majority of cases, children who have
a parent in prison benefit from being able to have personal contact
and communication with them. Children and parents have indicated how
important it is that they see each other, and research supports this.
Consistent, ongoing contact reduces the strain of separation, lowers
recidivism, and is the single most important factor in determining
whether a family will reunify after a prison term. However, at
present, a majority of individuals are being housed in facilities that
are hours away from their children and families.

It is important that children maintain and increase their access to
their parent(s) who are in prison. The criteria for deciding where
individuals are housed, including decisions about transfers between
facilities, should include proximity to children (after security,
mental health, and medical needs).

LEGISLATIVE HISTORY:  2011-2012: S.6077 - Died in Committee

FISCAL IMPLICATIONS: 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 effective date is authorized to be
made on or before such date.

2013-S2341 (ACTIVE) - Bill Text download pdf

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

                                  2341

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

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 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
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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06942-01-3

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Senate Bill S2341

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