NY State Senate Bill 2017-S1096

Archive: Last Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to crime victims, crime and correction
Apr 26, 2017	reported and committed to finance
Jan 06, 2017	referred to crime victims, crime and correction

Votes

- Apr 26, 2017 - Crime Victims, Crime And Correction Committee Vote
  S1096
  
  6
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 26, 2017
      
      aye (6)
      
      Hamilton
      
      Hoylman-Sigal
      
      Jacobs
      
      Montgomery
      
      Rivera
      
      Tedisco
      
      nay (4)
      
      Akshar
      
      Griffo
      
      Little
      
      Ritchie
      
      aye wr (2)
      
      Gallivan
      
      Helming
      
      excused (1)
      
      Bailey

co-Sponsors

2017-S1096 (ACTIVE) - Details

See Assembly Version of this Bill:: A6643
Law Section:: Correction Law
Laws Affected:: Add §72-c, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6855
2013-2014: S1789
2015-2016: S1474
2019-2020: A6801

2017-S1096 (ACTIVE) - Summary

Establishes a pilot project for placement of inmates close to home; provides that such project would house inmates who are parents of minor children in the correctional facility located in closest proximity to the primary place of residence of any such inmate's minor child or children.

2017-S1096 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1096

 TITLE OF BILL :  An act to amend the correction law, in relation to
establishing the pilot project for the placement of inmates close to
home; and providing for the repeal of such provisions upon expiration
thereof

 PURPOSE :

To conduct a pilot program placing certain inmates in facilities
closer to the communities where their children reside

 SUMMARY OF PROVISIONS :

Section one of the bill is the name of this act which shall be the
"pilot project for placement of inmates close to home."

Section two of the bill is the legislative intent.

Section three of this bill establishes the pilot program in a facility
of the Department of Corrections' choosing which will house inmate
volunteers whose minor children reside close to the facility in order
to facilitate visitation between the inmate parent and his or her
child. The Office of Children and Family Services and/or the local
district social services offices will be consulted as to the
appropriateness of visitation before any inmate is admitted to the

program. Further, a comprehensive analysis is required to determine
the effectiveness of this pilot and make recommendations, if any, for
expansion and improvement.

Section four is the effective date.

 JUSTIFICATION :

Approximately 59% of all New York state prison and jail inmates are
parents.For women under custody in New York the number is loser to
71%. More than 80,000 minor children in New York State have a parent
incarcerated in a state prison. Transportation provides a major
barrier to visitation.

Inmates are often placed in prisons far from their children and far
from home. Male inmates at Lakeview Correctional Facility who come
from New York City are more than 400 miles from home, while female
inmates at Albion are around 375 miles from New York City. Distances
are large and public transportation is difficult, especially with the
termination of the longstanding DOGS free bus program that provided
visitors with transportation to remote prisons from sites around the
state.

For children in foster care, distance is the number one barrier to
legally mandated visits with their incarcerated parents. Social
service agencies are required to maintain contact with incarcerated
parents (except in cases where a court has ruled otherwise) including
bringing children for visits with parents in prison. When the goal is
reunification the requirement to provide visits extends to the
tri-state area. Non-compliance is routine in large part because of the
distance. Given the caseloads and demands on child welfare workers, it
is difficult to take a whole day or two for one parent-child visit. As
a result, children in foster care with incarcerated parents suffer
greatly from lack of parental contact.  Without visits, an
incarcerated parent is at great risk for termination of his or her
parental rights, the permanent legal severing of the parent-child
relationship. Recent studies have emphasized the importance of visits
and family ties in the prevention of recidivism. One study found that
every visit a prisoner received measurably and increasingly lowered
the likelihood of recidivism.  Visits by relatives, including
children, seem to matter most when it comes to reducing recidivism,
creating a significant public safety benefit to supporting the
maintenance of parent-child and other ties during incarceration.

Children who have parents in prison are significantly affected by the
frequency and quality of contact with their parents. While there are
instances when visits are not in children's best interest, for most
children visits are beneficial to their psychological and emotional
well-being, their physical health and development, and can help smooth
the reentry process and family reunification. Children of incarcerated
parents are recognized as an at-risk population and parental
incarceration is now included as an ACE factor, as "Adverse Childhood
Experience," that can negatively affect children's development. The
risks for children associated with having an incarcerated parent can
be significantly mitigated by the continuing presence of the parent in
the child's life, through visitation, telephone contact, and letters.
The number one way to promote visiting is by reducing the distances
between the incarcerated parent and their children.

While the Department of Corrections and Community Supervision normally
places inmates in prisons based on classification by security level
and programmatic needs, this pilot program will explore the use of a
third criterion, proximity to an inmate's minor children. The purpose
of this act is to establish a pilot program to assess the effects of
housing inmates who are parents of minor children close to home in
order to facilitate visitation between such parents and their
children. The department will select 60 inmate volunteers to be housed
in a facility closest to the communities where their children reside
where such facility is an otherwise appropriate placement for them.

The department will be required to report to the legislature and the
governor on the effectiveness of the pilot program and make
recommendations for expansion to other correctional facilities in
order to place more inmates close to their families and minor
children. Should the pilot program prove beneficial, the expectation
is that the program will be broadened to allow more inmates to be
housed in close proximity to their home communities, thus facilitating
visitation and contacts with their children and other family members.

This bill also calls for an independent, academic analysis of the
effect of the pilot program prepared in consultation. with the
department. Such analysis will report on the impact, if any, the
placement of such inmates closest to the communities where their
children reside has had on the inmates themselves, the safety and
security of the facility, the foster care case and local social
service agency, if applicable, and, where possible, on the family
members and children involved as well as any other effect of the
program that can be measured. The report shall include recommendations
as to the future of the program and what modifications would be
recommended in order to improve implementation and outcomes.

 LEGISLATIVE HISTORY :

2014: S1789A
2015-2016: 51474

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect six months after it shall have become law.

2017-S1096 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1096
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sens. RIVERA, AVELLA, MONTGOMERY, PARKER, PERKINS, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted 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".
   §  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.
   § 3. The correction law is amended by adding a  new  section  72-c  to
 read as follows:

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

                                                            LBD02115-01-7

 S. 1096                             2
 
   §  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-
 UE  TO  PARTICIPATE  SUCCESSFULLY  IN  ANY  ASSIGNED  WORK AND TREATMENT
 PROGRAM AFTER PLACEMENT IN SUCH PILOT PROGRAM.

 S. 1096                             3

   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.
   §  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.

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Senate Bill S1096

Sponsored By

Archive: Last Bill Status - Stricken

Apr 26, 2017 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Apr 26, 2017

co-Sponsors

2017-S1096 (ACTIVE) - Details

2017-S1096 (ACTIVE) - Summary

2017-S1096 (ACTIVE) - Sponsor Memo

2017-S1096 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1096

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - Stricken

co-Sponsors

Tony Avella

Velmanette Montgomery

Kevin S. Parker

Toby Ann Stavisky

2017-S1096 (ACTIVE) - Details

2017-S1096 (ACTIVE) - Summary

2017-S1096 (ACTIVE) - Sponsor Memo

2017-S1096 (ACTIVE) - Bill Text download pdf

Comments