BILL NUMBER:  S3744

 TITLE OF BILL :

An act to amend the correction law, in relation to removal of sick
prisoners 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,
respectively.

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
treatment without a court order.

Subdivision 4 of 5500-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
prevalence 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.

 LEGISLATIVE HISTORY :

A.7667 (2000); A.5469 (2002); A.882 Passed Assembly in 2003 and 2004.
A.4997 Passed Assembly, Delivered to Senate and Referred to Crime
Victims, Crime and Correction on 02/28/06.  A.4442 (2007-2008) Passed
Assembly, Delivered to Senate and Referred to Crime Victims, Crime and
Correction on 3/03/08.

 BUDGETARY IMPLICATIONS :
None.

 EFFECTIVE DATE
This act shall take effect immediately.