Senate Bill S3883

                                BILL NUMBER:S3883

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to fees for services
rendered patients held in state inpatient facilities pursuant to
court orders

PURPOSE OR GENERAL IDEA OF BILL:
To relieve counties of fiscal
responsibility for services rendered patients held in state inpatient
facilities pursuant to court order in excess of thirty days.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would place a 30 day limit on the fiscal responsibility of
county governments for Department of Mental Health (DMH) services to
certain persons being held pursuant to the order of a criminal court.

Section 2 lists the effective date as the first day of January after
it has become a law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently, Section
43.03 (c) of the Mental Hygiene Law provides that persons receiving
mental hygiene services while being held pursuant to the order of a
criminal court shall not be liable to NAB for such services. Fees due
              

DMH for such services shall be paid by the county in which the court
is located. Counties aren't responsible, however, for services to
persons committed to DMH pursuant to Section 330.20 of the
Criminal Procedure Law or for examination pursuant to an order of the
Family Court.

JUSTIFICATION:
Court ordered confinement for a mental health examination
doesn't exceed 30 days except upon application of the
Commissioner of Mental Health. In this case, the court may authorize
confinement for an additional period -- not exceeding 30 days -- if
it's satisfied that a longer period is necessary to complete the
examination. Except in certain rare cases, the majority of court
ordered confinements for examination are, in fact, completed within
30 days. Those exceptions usually result in a determination that the
individual being examined is unfit to proceed to trial and may as in
the case of a murder charge spend the rest of his or her life in a
DMH facility at local government expense.

At a time when local governments are already overburdened by State
mandates, it is clearly inappropriate to charge them for services in
excess of 30 days over which they have no control. This is especially
true in cases where the individual being examined would, under other
ordinary circumstances, be committed to a DMH facility on an
involuntary basis as harmful to self or others at no cost to the
local government

PRIOR LEGISLATIVE HISTORY:
2007/08 - A.10913 Referred to Ways and Means (P.Rivera)


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Estimated $11 million to $12 million cost to the state annually.

EFFECTIVE DATE:
This act would take effect on the first day of January
after it has become a law.