What's happening
This bill requires New York prisons to place incarcerated parents in facilities closest to their children's homes whenever possible.
Why it matters
Supports Family Bonds. By prioritizing placement of incarcerated parents near their children, the bill aims to facilitate more frequent and meaningful parent-child contact, which research shows can reduce trauma for children and support rehabilitation for parents.
Focuses on Child Welfare. The law requires the Department of Corrections to assess whether proximity is in the best interest of each child, in consultation with child welfare experts, making child well-being a central factor in placement decisions.
Enhances Transparency and Accountability. The annual reporting requirement will generate data on how many parents are eligible, how many receive proximity placement, reasons for denials, and the number who decline, making the process more transparent and open to legislative oversight.
Allows for Individualized Decisions. By mandating a separate best-interest determination for each of a parent’s children and requiring parental consent, the bill recognizes the complexity of family situations and avoids a one-size-fits-all approach.
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Who cares
Headline styles
Keep Parents Near Children
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A6710A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.220
- Referred to crime victims, crime and correction
- Committed to rules
- Amended on third reading 724a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.480
- Reported and committed to finance
- 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.
Keep Parents Near Kids
Signed by Governor · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
724--A Cal. No. 480
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, CARLUCCI, KRUEGER, MAYER, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00980-05-9
S. 724--A 2
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.
§ 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.
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.
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 facil- ities located in closest proximity to where the inmate's minor child or children reside, provided such placement is appropriate, and is in the best interest of the child if the incarcerated parent gives their consent to such placement. 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. 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.
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 individual s are being housed in facilities that are hours away from their children and families. Experts in the field of criminal justice, child development, and child welfare 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 communi- cation with them. Consistent, ongoing contact in the form of in-person visiting 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 a relationship with their parent and increase their access and contact to their parent in prison. Furthermore, proxim- ity offers many benefits for corrections, the incarcerated parent, and successful reentry. Research demonstrates visits with family and chil- dren improve institutional adjustment, decrease disciplinary infrac- tions, and promotes lower recidivism rates.
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 effec- tive 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.