senate Bill S5426A

Authorizes county and regional correctional institutions to provide medical services to minor inmates serving a definite sentence of imprisonment

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Bill Status


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

  • 16 / May / 2013
    • REFERRED TO CODES
  • 31 / May / 2013
    • AMEND AND RECOMMIT TO CODES
  • 31 / May / 2013
    • PRINT NUMBER 5426A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1454
  • 18 / Jun / 2013
    • SUBSTITUTED BY A5008B

Summary

Authorizes county and regional correctional institutions to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed.

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Bill Details

See Assembly Version of this Bill:
A5008B
Versions:
S5426
S5426A
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; add §505, Cor L

Sponsor Memo

BILL NUMBER:S5426A

TITLE OF BILL: An act to amend the penal law and the correction law,
in relation to authorizing local correctional facilities to provide
medical services to minor inmates in the absence of the consent of a
parent or guardian when a definite sentence of imprisonment has been
imposed

PURPOSE: To allow inmates under the age of eighteen who have been
committed to a regional or county correctional institution to consent
to routine medical services when there is an absence of a consenting
parent or guardian.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 70.20 of the
penal law and directs the court to inquire whether the parents or
legal guardian, if present, consent to routine medical services when
committing a defendant who is under the age of eighteen. This bill
also allows inmates under the age of eighteen who have not received
consent from a parent or legal guardian and are committed to a local
correctional facility the ability to consent to routine medical,
dental, and mental health services. This amendment to subdivision 2 of
section 70.20 of the penal law does not preclude parent or legal
guardian of an inmate from objecting to routine medical treatment but
does not require that a parent or guardian consent when the consent is
not necessary or the defendant can consent on his own behalf.

Section 2 of the bill amends the correction law by adding a new
section 505 with four subdivisions. Subdivision 1 allows a minor who
is not yet 18 years of age to consent to routine medical treatment.
Paragraph (a) of subdivision 3 reserves the rights of a minor inmate's
parent or guardian to object to routine medical treatment.

JUSTIFICATION: All citizens are entitled to the same basic rights and
while in custody should have access to routine medical services.
Currently, law enforcement must receive judicial consent to provide
even routine medical care or open themselves to legal action. This
bill would reduce the possibility of lawsuits for providing routine
medical care and save law enforcement and judicial resources. Inmates
under the age of eighteen who do not have contact with their parents
or legal guardians are unable to consent to these basic forms of
routine medical services This bill will give minor inmates the ability
to consent to routine medical services if they are unable to receive
consent from their parents or legal guardian, Further, this will not
preclude parents from objecting to this treatment. Instead, this will
only allow minor inmates the ability to consent to a service that the
county and regional corrections institutions already provided to the
rest of the inmate population. This bill will help ensure that while
in custody the jails are treating minor inmates the same as other
inmates. Essentially, this bill will protect minor inmates by
providing routine medical services to minor inmates who do not have
parent or legal guardians or their parents or legal guardians cannot
be located.

LEGISLATIVE HISTORY: New Bill.


FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately; provided,
however, that the amendment to section 500-c of the correction law
made by section three of this act shall not affect the repeal of such
section and shall expire and be deemed repealed therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5426--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the penal law and the correction law, in relation to
  authorizing local correctional facilities to provide medical  services
  to minor inmates in the absence of the consent of a parent or guardian
  when a definite sentence of imprisonment has been imposed

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. (A) Definite sentence. Except as provided in  subdivision  four  of
this  section,  when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional  correctional
institution  for  the term of his sentence and until released in accord-
ance with the law.
  (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN  YEARS
OF  AGE  TO  THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER
THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT,  WILL  GRANT
TO  THE  MINOR  THE  CAPACITY  TO CONSENT TO ROUTINE MEDICAL, DENTAL AND
MENTAL HEALTH SERVICES AND TREATMENT.
  (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR-
DIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF  AGE  FROM  MAKING  A
MOTION  ON  NOTICE  TO THE LOCAL CORRECTION FACILITY PURSUANT TO ARTICLE
TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND SECTION  ONE  HUNDRED
FORTY  OF  THE  CORRECTION  LAW, OBJECTING TO ROUTINE MEDICAL, DENTAL OR
MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER
THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-02-3

S. 5426--A                          2

  S 2. The correction law is amended by adding a new section 505 to read
as follows:
  S 505. PROVISION OF ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES
AND  TREATMENT.  1. WHERE AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE
HAS BEEN COMMITTED TO THE CUSTODY OF THE  SHERIFF  OR  OTHER  PERSON  IN
CHARGE  OF A LOCAL CORRECTIONAL FACILITY AND NO MEDICAL CONSENT HAS BEEN
OBTAINED PRIOR TO COMMITMENT, THE COMMITMENT ORDER SHALL  BE  DEEMED  TO
GRANT  TO  THE  MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL
AND MENTAL HEALTH SERVICES AND TREATMENT TO HIMSELF OR HERSELF.
  2. SUBJECT TO THE REGULATIONS OF THE  DEPARTMENT  OF  HEALTH,  ROUTINE
MEDICAL,  DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT IS DEFINED FOR
THE PURPOSES OF THIS SECTION TO MEAN ANY ROUTINE DIAGNOSIS OR TREATMENT,
INCLUDING WITHOUT LIMITATION THE ADMINISTRATION OF MEDICATIONS OR NUTRI-
TION, THE EXTRACTION OF BODILY FLUIDS  FOR  ANALYSIS,  AND  DENTAL  CARE
PERFORMED WITH A LOCAL ANESTHETIC. ROUTINE MENTAL HEALTH TREATMENT SHALL
NOT  INCLUDE  PSYCHIATRIC ADMINISTRATION OF MEDICATION UNLESS IT IS PART
OF AN ONGOING MENTAL HEALTH PLAN OR UNLESS IT IS OTHERWISE AUTHORIZED BY
LAW.
  3. (A) AT ANY TIME PRIOR TO THE DATE THE INMATE BECOMES EIGHTEEN YEARS
OF AGE, THE INMATE'S  PARENT  OR  LEGAL  GUARDIAN  MAY  INSTITUTE  LEGAL
PROCEEDINGS  PURSUANT TO SECTION 70.20 OF THE PENAL LAW OBJECTING TO THE
PROVISION OF ROUTINE MEDICAL,  DENTAL  OR  MENTAL  HEALTH  SERVICES  AND
TREATMENT BEING PROVIDED TO THE INMATE.
  (B)  A  NOTICE OF MOTION SHALL BE SERVED ON THE INMATE AND THE SHERIFF
OR OTHER PERSON IN CHARGE OF THE LOCAL CORRECTIONAL  FACILITY  NOT  LESS
THAN  SEVEN  DAYS  PRIOR TO THE RETURN DATE OF THE MOTION. THE PERSON ON
WHOM THE NOTICE OF MOTION IS SERVED SHALL ANSWER  THE  MOTION  NOT  LESS
THAN TWO DAYS BEFORE THE RETURN DATE. ON EXAMINING THE MOTION AND ANSWER
AND, IN ITS DISCRETION, AFTER HEARING ARGUMENT, THE COURT SHALL ENTER AN
ORDER, GRANTING OR DENYING THE MOTION.
  4. NOTHING IN THIS SECTION SHALL PRECLUDE AN INMATE FROM CONSENTING ON
HIS  OR  HER OWN BEHALF TO ANY MEDICAL, DENTAL OR MENTAL HEALTH SERVICES
AND TREATMENT WHERE OTHERWISE AUTHORIZED BY LAW TO DO SO.
  S 3. This act shall take effect immediately.

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