N.Y. Correction Law § 72-c: Placement of individuals with children

§ 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 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.