NY State Assembly Bill 2009-A4039

Assembly Bill A4039

Signed By Governor

2009-2010 Legislative Session

Permits civil and pretrial inmates to receive medical diagnosis and treatment in outside hospitals without a court order; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2009	signed chap.33
May 07, 2009	delivered to governor
Apr 28, 2009	returned to assembly passed senate
Apr 21, 2009	3rd reading cal.145 substituted for s3744
Mar 25, 2009	referred to crime victims, crime and correction delivered to senate passed assembly
Mar 19, 2009	advanced to third reading cal.264
Mar 17, 2009	reported
Jan 29, 2009	referred to correction

Votes

- Apr 28, 2009 - Floor Vote
  A4039
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 28, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Aubertine

2009-A4039 (ACTIVE) - Details

See Senate Version of this Bill:: S3744
Law Section:: Correction Law
Laws Affected:: Rpld §508 sub 1, amd §508, Cor L

2009-A4039 (ACTIVE) - Summary

Permits civil and pretrial inmates to receive medical diagnosis and treatment in outside hospitals without a court order; repeals provisions of section 508 of the correction law relating to removal of sick prisoners from jail.

2009-A4039 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4039

TITLE OF BILL:
An act to amend the correction law, in relation to removal of sick pris-
oners  from  jail and to repeal subdivision 1 of section 508 of such law
relating thereto

PURPOSE OF BILL:
To permit civil and pretrial inmates to receive  medical  diagnosis  and
treatment in outside hospitals without a court order.

SUMMARY OF PROVISIONS:
Section  1  of  the  proposal  repeals  subdivision  1  of  § 508 of the
Correction Law and renumbers the existing subdivisions 1 and 2,  respec-
tively.

Section  2 of the proposal amends the renumbered subdivision 1 to permit
civil and pretrial inmates to receive medical diagnosis and treatment in
outside hospitals without a court order.

Section 3 makes the proposal effective immediately.

EXISTING LAW:
Subdivision 1 of §508 of the Correction Law  provides  that  before  the
sheriff  may  take a civil or pretrial inmate to an outside hospital for
diagnosis or treatment the county judge or one of the  justices  of  the

State Supreme Court must make an order directing such removal.

Subdivision  2  of  §508 of the Correction Law authorizes the sheriff to
take a sentenced inmate to an outside hospital for diagnosis  or  treat-
ment without a court order.

Subdivision  4  of  §500-c  requires  the  sheriff to "safely keep" each
person lawfully committed to his custody.

STATEMENT IN SUPPORT:
With the onset of AIDS, the re-emergence of tuberculosis, and the preva-
lence of hepatitis, it is increasingly more common for inmates in  local
correctional  facilities  to  require  treatment  in  outside hospitals.
Pursuant to § 508, sentenced inmates can be taken to  outside  hospitals
without  a court order, while civil and pretrial inmates cannot be taken
without a court order. There is no reason, however, for  this  disparate
treatment  of inmates. The sheriff is equally responsible for the health
and well being of civil and pretrial inmates as he is for the health and
well being of sentenced inmates. Requiring a court order for  civil  and
pretrial  inmates  simply  creates  more  work  for the sheriff and adds
unnecessary paperwork and expense. In addition, requiring a court  order
before civil and pretrial inmates may be taken to an outside hospital is
a waste of judicial resources.

PRIOR LEGISLATIVE HISTORY:

A7667 (2000); A5469 (2002); A882 passed Assembly in 2003 and 2004. A4997
passed  Assembly,  delivered  to  Senate  and referred to crime victims,
crime and correction on 02/28/06.   A4442 (2007-2008)  passed  Assembly,
delivered  to Senate and referred to crime victims, crime and correction
on 3/3/08.

BUDGETARY IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-A4039 (ACTIVE) - Bill Text download pdf

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

                                  4039

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COLTON,
  COOK -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to removal of sick pris-
  oners from jail and to repeal subdivision 1 of section 508 of such law
  relating thereto

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

  Section  1.  Subdivision  1  of  section  508 of the correction law is
REPEALED and subdivisions 2 and 3 are renumbered subdivisions 1 and 2.
  S 2. Subdivision 1 of section 508 of the correction law, as  added  by
chapter 240 of the laws of 1988 and as renumbered by section one of this
act, is amended to read as follows:
  1.  A  sheriff, in his discretion, may by written order permit inmates
confined in a local correctional facility [upon a sentence of  imprison-
ment]  to  receive medical diagnosis and treatment in outside hospitals,
upon the determination that such  outside  treatment  and  diagnosis  is
necessary  by  reason  of inadequate facilities within the local correc-
tional facility. Such inmates shall remain under the jurisdiction and in
the custody of said sheriff while in a hospital and said  sheriff  shall
enforce  proper  measures in each case to safely maintain such jurisdic-
tion and custody.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04389-01-9

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