§ 72-C — Placement of individuals with children

New York § 72-C

• Jurisdiction: New York
• Law COR: Correction
• Art. 4: Establishment of Correctional Facilities, Commitments to Department and Custody of Incarcerated Individuals

Text

§ 72-c. Placement of individuals with children. 1. In determining\nplacement for a person in custody of the department, whenever\npracticable the commissioner shall place such person in the correctional\ninstitution or facility which is located in closest proximity to the\nprimary place of residence of such person's minor child or children as\ndefined in subdivision thirty-one of section two of the social services\nlaw, provided that such placement is suitable and appropriate, would\nfacilitate increased contact between such person and his or her child or\nchildren, is in the best interest of such child or children, and the\nincarcerated parent gives his or her consent to such placement.\n 2. To make a determination about whether such placement is in the best\ninterest of such child or children, procedures and criteria for\nassessing such placement shall be developed by the department in\nconsultation with the office of children and family services. If such\nperson has more than one child, the department shall make a separate\ndetermination for each individual child.\n 3. The department shall submit an annual report regarding the\nimplementation of this section to the temporary president of the senate,\nthe speaker of the assembly, the minority leader of the senate and\nminority leader of the assembly as well as to the chairs of the senate\ncommittee on crime victims, crime and correction and the assembly\nstanding committee on correction. The report shall include, but not be\nlimited to, the number of incarcerated persons who are parents of minor\nchildren, the aggregate number of incarcerated parents by county of\ncommitment, the number of incarcerated parents who are placed in a\ncorrectional facility in closest proximity to their children pursuant to\nthis section, the location of such facilities, the number of\nincarcerated parents for whom proximal placement was not provided, a\ngeneral explanation of the reasons that such placement was not provided\nwhich shall not include any identifying information, and the amount of\nincarcerated parents who declined such placement pursuant to this\nsection.\n