S T A T E   O F   N E W   Y O R K
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                                  1474

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by Sens. RIVERA, AVELLA, HASSELL-THOMPSON, MONTGOMERY, PARK-
  ER, PERKINS, STAVISKY -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05611-01-5

              

S. 1474                             2

  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
REVOKE  AT ANY TIME PARTICIPATION IN SUCH PROJECT FOR ANY SERIOUS DISCI-
PLINARY INFRACTION COMMITTED BY THE INMATE OR FOR ANY FAILURE TO CONTIN-

S. 1474                             3

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.