Bill Text: NY A00238 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2016-04-01 - advanced to third reading cal.467 [A00238 Detail]

Download: New_York-2015-A00238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          238
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROZIC,  AUBRY, DAVILA, FAHY, JAFFEE, LAVINE,
         MOSLEY, MOYA, PERRY, ROBERTS, ROBINSON, TITONE --  Multi-Sponsored  by
         --  M. of A. ARROYO, BRENNAN, CLARK, HEASTIE -- read once and referred
         to the Committee on Correction
       AN ACT to amend the correction law, in relation to requiring the depart-
         ment 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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph of section 158 of the correction law
    2  is designated subdivision 1 and two new subdivisions 2 and 3  are  added
    3  to read as follows:
    4    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
    5  IN DETERMINING PLACEMENT FOR A PERSON IN CUSTODY OF  THE  DEPARTMENT  OF
    6  CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER SHALL PLACE SUCH
    7  PERSON  IN  THE CORRECTIONAL INSTITUTION OR FACILITY WHICH IS LOCATED IN
    8  CLOSEST PROXIMITY TO THE PRIMARY PLACE OF  RESIDENCE  OF  SUCH  PERSON'S
    9  MINOR  CHILD OR CHILDREN AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION
   10  TWO OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH PLACEMENT IS SUITABLE
   11  AND APPROPRIATE AND WOULD  FACILITATE  INCREASED  CONTACT  BETWEEN  SUCH
   12  PERSON  AND  HIS OR HER CHILD OR CHILDREN AND IS IN THE BEST INTEREST OF
   13  SUCH CHILD OR CHILDREN.
   14    3. TO MAKE A DETERMINATION ABOUT WHETHER SUCH PLACEMENT IS IN THE BEST
   15  INTEREST OF SUCH CHILD OR CHILDREN, PROCEDURES AND CRITERIA FOR  ASSESS-
   16  ING  SUCH  PLACEMENT SHALL BE DEVELOPED BY THE DEPARTMENT OF CORRECTIONS
   17  AND COMMUNITY SUPERVISION IN CONSULTATION WITH THE OFFICE  OF  PROBATION
   18  AND  CORRECTIONAL  ALTERNATIVES  AND  THE  OFFICE OF CHILDREN AND FAMILY
   19  SERVICES, IF SUCH PERSON HAS MORE THAN ONE CHILD, THE  DEPARTMENT  SHALL
   20  MAKE A SEPARATE DETERMINATION FOR EACH INDIVIDUAL CHILD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00748-01-5
       A. 238                              2
    1    S  2. This act shall take effect one year after it shall have become a
    2  law. Effective immediately, the addition, amendment and/or repeal of any
    3  rule or regulation necessary for the implementation of this act  on  its
    4  effective date is authorized to be made on or before such date.