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

2 Co-sponsors

• Tony Avella
• Liz Krueger

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 whenever practicable.

Summary of provisions

Section I of the bill sets forth the new subdivision 2 which 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 whenever practicable, provided such placement is appropriate, and is in the best interest of the child. The new subdivision 3 requires that DOCCS, in consultation with the Office of Probation and Correctional Alternatives and the Office of Children and Family Services, develop assessment procedures and criteria.

Section II of the bill sets forth the effective date.

Justification

Over 100,000 children in New York State have at least one parent in state prison. At present, a majority of individuals are being housed in facilities that are hours away from their children and families. Experts in the field of criminal justice agree that in the vast majority of cases, a child who has a parent in prison benefits from being able to have personal contact and communication with them. Consistent, ongoing contact reduces the strain of separation, lowers recidivism, and is the single most important factor in determining whether a family will reunite after a prison term. The criteria for deciding where individuals are housed, including decisions about transfers should include proximity to a child security, mental health, and medical needs. It is important that a child maintain and increase their access and contact to their parent in prison.

Prior legislative history

2014: (Rozic) - Correction 2013: A07191 (Rozic) - Correction 2012: A08846 (N.Rivera) - Correction

Fiscal impact on the state

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.