S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4519
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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
   family reunion program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 138-b
 to read as follows:
   § 138-B. FAMILY REUNION PROGRAM. 1.  THE  DEPARTMENT  SHALL  CREATE  A
 FAMILY  REUNION  PROGRAM  TO PROVIDE ELIGIBLE INMATES AND THEIR FAMILIES
 THE OPPORTUNITY TO MEET FOR AN EXTENDED PERIOD OF TIME IN PRIVACY  IN  A
 RESIDENTIAL  SETTING.  SUCH  PROGRAM SHALL BE AVAILABLE AT EVERY GENERAL
 CONFINEMENT MAXIMUM-SECURITY STATE  CORRECTIONAL  FACILITY  AND  AT  ANY
 MEDIUM-SECURITY  STATE  CORRECTIONAL FACILITY WITH A GENERAL CONFINEMENT
 INMATE POPULATION CAPACITY OF OVER EIGHT HUNDRED BEDS.  PROGRAM  FACILI-
 TIES  AND  ADMINISTRATION  MAY  BE SHARED AMONG CORRECTIONAL FACILITIES.
 SMALLER MEDIUM FACILITIES LOCATED NEAR MAXIMUM  SECURITY  FACILITIES  OR
 LARGE  MEDIUM SECURITY FACILITIES MAY BE PERMITTED TO PARTICIPATE IN THE
 PROGRAM AT SUCH FACILITIES. FAMILY REUNION PROGRAMS SHALL CONTAIN ENOUGH
 HOUSING UNITS TO ACCOMMODATE FAMILY REUNION PROGRAM VISITS AT LEAST  ONE
 TIME EVERY FOUR MONTHS FOR ELIGIBLE INMATES.
   2.  INMATES  WHO  MAINTAIN A GOOD DISCIPLINARY RECORD, WHO COMPLY WITH
 DEPARTMENTAL PROGRAM REQUIREMENTS AND WHO DO NOT POSE A  CURRENT  DANGER
 PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION SHALL BE ELIGIBLE TO APPLY
 FOR PARTICIPATION IN THE FAMILY REUNION  PROGRAM.  A  GOOD  DISCIPLINARY
 RECORD SHALL MEAN THE INMATE HAS NOT RESIDED IN A SEGREGATED CONFINEMENT
 UNIT  OR  IN  KEEP  LOCK FOR A SANCTION FOR MISBEHAVIOR FOR OVER FIFTEEN
 DAYS WITHIN THE LAST SIX MONTHS PRIOR TO THE VISIT. AN  INMATE  WHO  HAS
 NOT MAINTAINED A GOOD DISCIPLINARY RECORD MAY REAPPLY FOR FAMILY REUNION
 PROGRAM  PARTICIPATION  SIX  MONTHS AFTER BEING RELEASED FROM SEGREGATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08386-01-1

 S. 4519                             2
 
 CONFINEMENT OR KEEP LOCK. INMATES WHO ARE DENIED  PARTICIPATION  IN  THE
 PROGRAM MAY APPEAL TO THE COMMISSIONER. ONCE AN INMATE HAS BEEN APPROVED
 FOR  PARTICIPATION IN THE FAMILY REUNION PROGRAM, HE OR SHE SHALL REMAIN
 ELIGIBLE  TO  PARTICIPATE  UNLESS SUCH ELIGIBILITY IS TAKEN AWAY FOR BAD
 CONDUCT, FAILURE TO COMPLY WITH  DEPARTMENTAL  PROGRAM  REQUIREMENTS  OR
 BECAUSE  HE  OR SHE HAS BEEN DETERMINED TO POSE A CURRENT DANGER TO SELF
 OR OTHERS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. IF AN INMATE  IS
 TRANSFERRED  TO  A  NEW  FACILITY, HIS OR HER ELIGIBILITY FOR THE FAMILY
 REUNION PROGRAM WILL CONTINUE AND  SUCH  INMATE  SHALL  BE  ELIGIBLE  TO
 PARTICIPATE  IN  THE  FAMILY REUNION PROGRAM AT SUCH NEW FACILITY THIRTY
 DAYS AFTER ARRIVAL.
   3. (A) APPLICATIONS FOR PARTICIPATION IN THE  FAMILY  REUNION  PROGRAM
 MAY  BE  MADE  FOR  THE  FOLLOWING FAMILY MEMBERS WHO HAVE ESTABLISHED A
 PATTERN OF VISITATION, AS DEFINED BY THREE VISITS  IN  THE  LAST  TWELVE
 MONTHS UNLESS SUCH FAMILY MEMBER LIVES OUT OF STATE, IS DISABLED, ELDER-
 LY  OR A MINOR, OR LIVES MORE THAN THREE HUNDRED MILES FROM THE FACILITY
 WHERE THE INMATE IS HOUSED. IN SUCH CASES, THE VISITOR SHALL BE  ALLOWED
 TO  PARTICIPATE  IN  THE  FAMILY  REUNION PROGRAM WITHOUT ESTABLISHING A
 RECENT PATTERN OF VISITATION IF HE OR SHE  IS  OTHERWISE  ELIGIBLE.  THE
 DEPARTMENT SHALL PROVIDE REASONABLE ACCOMMODATIONS FOR DISABLED VISITORS
 AND  INMATES  UPON REQUEST. THE NUMBER OF VISITORS AT ANY ONE TIME SHALL
 BE LIMITED TO THE OCCUPANCY CAPACITY OF THE FAMILY REUNION PROGRAM UNIT,
 AS DETERMINED BY THE FIRE AND SAFETY  OFFICIAL  WITH  JURISDICTION  OVER
 SUCH  UNITS.  THE  FOLLOWING  FAMILY MEMBERS MAY BE ELIGIBLE FOR PARTIC-
 IPATION IN THE PROGRAM:
   (I) LEGAL SPOUSES, INCLUDING A SPOUSE WHO MARRIES AN INMATE DURING THE
 TERM OF HIS OR HER INCARCERATION;
   (II) CHILDREN OR STEP-CHILDREN OF THE INMATE, WHO MAY  BE  ACCOMPANIED
 BY THEIR NON-INCARCERATED PARENT;
   (III) PARENTS OR STEP-PARENTS OF THE INMATE;
   (IV) GRANDPARENTS;
   (V) SIBLINGS;
   (VI) GRANDCHILDREN OF THE INMATE; AND
   (VII)  WITH  SPECIAL APPROVAL FROM THE FACILITY SUPERINTENDENT, AUNTS,
 UNCLES, COUSINS, FOSTER PARENTS AND IN-LAWS OF THE INMATE, WITH PROOF OF
 RELATIONSHIP.
   (B) AN ELIGIBLE VISITOR MAY LOSE  ELIGIBILITY  IF  HE  OR  SHE  IS  IN
 VIOLATION  OF A SERIOUS RULE OR REGULATION OF THE PROGRAM, AS DETERMINED
 BY THE COMMISSIONER. ANY VISITOR WHO LOSES HIS  OR  HER  ELIGIBILITY  TO
 PARTICIPATE  IN  THE  PROGRAM  SHALL BE GRANTED DUE PROCESS AND SHALL BE
 ELIGIBLE TO PARTICIPATE IN THE PROGRAM AFTER A REASONABLE WAITING PERIOD
 UNLESS HE OR SHE HAS BEEN CONVICTED OF A CRIME RELATED  TO  HIS  OR  HER
 PARTICIPATION IN THE PROGRAM.
   4.  INMATES  WHO  POSE A CURRENT DANGER TO THEMSELVES OR OTHERS MAY BE
 DENIED FAMILY REUNION PROGRAM VISITATION. SUCH DENIAL MUST BE MADE ON  A
 CASE-BY-CASE BASIS AT THE TIME VISITATION IS SOUGHT AND SHALL BE MADE IN
 WRITING,  WITH  A  COPY  TO THE INMATE AND TO THE PROPOSED VISITOR. WHEN
 SUCH DANGER HAS PASSED, THE INMATE SHALL AGAIN BE ELIGIBLE  FOR  PARTIC-
 IPATION  IN  THE  PROGRAM UNLESS HE OR SHE HAS FAILED TO MAINTAIN A GOOD
 DISCIPLINARY RECORD OR TO COMPLY WITH THE DEPARTMENT'S PROGRAM  REQUIRE-
 MENTS.    INMATES  WHO TEST POSITIVE FOR HUMAN IMMUNODEFICIENCY VIRUS OR
 HEPATITIS B OR C, MAY PARTICIPATE IN THE PROGRAM WITH  INFORMED  CONSENT
 OF THE VISITOR OR VISITORS.
   §  2. This act shall take effect one year after it shall have become a
 law.