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Assembly Bill A9257

2011-2012 Legislative Session

Relates to holding inmates that suffer from mental illness for emergency purposes

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2011-A9257 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง402, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4583
2015-2016: A2009
2017-2018: A4048
2019-2020: A4233

2011-A9257 (ACTIVE) - Summary

Relates to holding inmates that suffer from mental illness for emergency purposes.

2011-A9257 (ACTIVE) - Bill Text download pdf 

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

                                  9257

                          I N  A S S E M B L Y

                            February 9, 2012
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to holding inmates  that
  suffer from mental illness for emergency purposes

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

  Section 1. Subdivision 9 of section 402  of  the  correction  law,  as
amended  by  chapter  164  of  the  laws  of 1986, is amended to read as
follows:
  9. Except as provided in subdivision two OF THIS SECTION pertaining to
prisoners confined in the city of New York, an inmate of a  correctional
facility  or  a county jail may be admitted on an emergency basis to the
Central New York Psychiatric Center upon the certification by two  exam-
ining  physicians, including physicians employed by the office of mental
health and associated with  the  correctional  facility  in  which  such
inmate  is confined, that the inmate suffers from a mental illness which
is likely to result in serious harm to himself or others as  defined  in
subdivision (a) of section 9.39 of the mental hygiene law. Any person so
committed  shall be delivered by the superintendent within a twenty-four
hour period, to the director of the appropriate hospital  as  designated
in the rules and regulations of the office of mental health. Upon deliv-
ery  of  such  person  to  a  hospital  operated by the office of mental
health, a proceeding under this section shall immediately be  commenced,
PROVIDED,  HOWEVER,  THAT  AFTER SUCH EMERGENCY HAS RESOLVED SUCH PERSON
MAY BE HELD WITHOUT COURT ORDER FOR FURTHER IN-PATIENT TREATMENT  PURSU-
ANT TO SECTIONS 9.13 AND 9.15 OF THE MENTAL HYGIENE LAW.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14398-01-2

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