§ 72-c. Placement of individuals with children. 1. In determining
placement for a person in custody of the department, whenever
practicable 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, would
facilitate increased contact between such person and his or her child or
children, is in the best interest of such child or children, and the
incarcerated parent gives his or her consent to such placement.

2. To make a determination about whether such placement is in the best
interest of such child or children, procedures and criteria for
assessing such placement shall be developed by the department in
consultation with 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.

3. The department shall submit an annual report regarding the
implementation of this section to the temporary president of the senate,
the speaker of the assembly, the minority leader of the senate and
minority leader of the assembly as well as to the chairs of the senate
committee on crime victims, crime and correction and the assembly
standing committee on correction. The report shall include, but not be
limited to, the number of incarcerated persons who are parents of minor
children, the aggregate number of incarcerated parents by county of
commitment, the number of incarcerated parents who are placed in a
correctional facility in closest proximity to their children pursuant to
this section, the location of such facilities, the number of
incarcerated parents for whom proximal placement was not provided, a
general explanation of the reasons that such placement was not provided
which shall not include any identifying information, and the amount of
incarcerated parents who declined such placement pursuant to this
section.