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S3727Senate2017-2018 SessionSame asA1272

Keep Incarcerated Parents Nearby

Official title

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

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill requires the Department of Corrections to place incarcerated parents in facilities closest to their children's homes whenever possible.

Why it matters

  1. Prioritizes Family Connection. By aiming to place incarcerated parents as close as possible to their children's primary residence, the bill recognizes research showing that maintaining parent-child bonds can reduce trauma for children and support family stability, which may ultimately aid in the parent's rehabilitation and decrease recidivism.

  2. Case-by-Case Assessment. The bill mandates that placement decisions must be made in the best interest of each individual child, requiring the Department of Corrections to evaluate each child separately. This individualized approach seeks to prevent a one-size-fits-all policy and considers the unique needs of each family.

  3. Interagency Collaboration. It requires the Department of Corrections to work with the Office of Probation and Correctional Alternatives and the Office of Children and Family Services to develop clear procedures and criteria for these placement decisions, ensuring that child welfare expertise informs the process.

  4. Balancing Suitability and Contact. The bill does not mandate proximity at the expense of safety or appropriateness; it specifies that placement must be "suitable and appropriate" and truly facilitate increased contact, balancing the interests of children with institutional and public safety considerations.

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Who cares

Headline styles

Keep Incarcerated Parents Nearby

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 25

History

  1. Referred to crime victims, crime and correction
  2. Print number 3727a
  3. Amend and recommit to crime victims, crime and correction
  4. Referred to crime victims, crime and correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1272Assembly

Keep Parents Near Kids

In Senate Committee · Rules · Sponsor Nily Rozic

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3727--A

2017-2018 Regular Sessions

IN SENATE

January 26, 2017

Introduced by Sens. MONTGOMERY, AVELLA, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The correction law is amended by adding a new section 72-c to read as follows:

§ 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 and would facilitate increased contact between such person and his or her child or children and is in the best interest of such child or children.

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 probation and correctional alternatives and 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.

§ 2. 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 are authorized to be made on or before such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00426-03-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.