senate Bill S4864

Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 27 / Apr / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 23 / May / 2011
    • 1ST REPORT CAL.798
  • 24 / May / 2011
    • 2ND REPORT CAL.
  • 25 / May / 2011
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2011
    • SUBSTITUTED BY A7495

Summary

Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility where the inmate-patient commits an offense while in the custody of the department.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7495
Versions:
S4864
Legislative Cycle:
2011-2012
Law Section:
Mental Hygiene Law
Laws Affected:
Add §29.28, Ment Hyg L

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S4864

TITLE OF BILL:

An act
to amend the mental hygiene law, in relation to the costs of prosecution
of an inmate-patient of a state psychiatric facility

PURPOSE OR GENERAL IDEA OF BILL:

Require the state to reimburse counties for the costs associated with
the prosecution of offenses alleged to have been committed by
inmate-patients who were committed from state correctional facilities
while those inmate-patients were in the custody of the Office of
Mental Health.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation would create a new section 29.28 of the Mental
Hygiene Law. Section 29.28 requires the state to reimburse counties
for all reasonable costs associated with the prosecution of an
offense alleged to have been committed by an inmate-patient who was
committed from a state correctional facility while that
inmate-patient is in the custody of the Office of Mental Health.

JUSTIFICATION:

In 1985, a new Correction Law § 606 was enacted that requires the
state to pay all reasonable costs associated with the prosecution of
an inmate in a state correctional facility for an offense alleged to
have been committed while an inmate of such facility. Section 1 of
Chapter 824 of the Laws of 1985 sets forth the legislative findings
and intent:

State correctional facilities are state institutions established for
public and general purposes, in the maintenance of which the whole
state is interested. Because the county in which a state correctional
facility may be located has no voice in its management and can
exercise no police or other supervision over its inmates all costs
arising from offenses alleged to have been committed in such
correctional facilities should be and are by this act made state
charges.

In his August 2, 1985 Approval Memorandum, Governor Mario M. Cuomo
stated that "it is in the best interests of the State, the
correctional system, and local governments to provide reimbursement
for all reasonable costs associated with the prosecution of State
prison inmates who commit crimes in State correctional facilities."

When an inmate in a state correctional facility is found to be
mentally ill and in need of care and treatment in a state psychiatric
facility, that inmate is transferred from the custody of the
Department of Correctional Services (DOCS) to the custody of the
Office of Mental Health
(OMH). See Correction Law § 402. All of these inmates are housed in
OMH's Central New York Psychiatric Center, which is located in Oneida


County. In the past, when such an inmate was alleged to have
committed a crime while in OMH custody, DOCS would provide
reimbursement to Oneida County under Correction Law § 606, In recent
years, however, DOCS has refused to provide reimbursement in these
cases, and Oneida County alone has had to bear these costs.

The provisions of the new Mental Hygiene Law § 29.28 are equivalent to
Correction Law § 606 and authorize reimbursement in these limited
circumstances. The same state interest that is served by Correction
Law § 606 would be served by allowing reimbursement for the costs
associated with the prosecution of inmates who are temporarily in OMH
custody pursuant to Correction Law § 402.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Minimal for the State. None for local governments.

EFFECTIVE DATE:
Immediate.

view bill text
The Bill text is not available.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.