Senate Bill S6226

                                BILL NUMBER:S6226

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 to 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 DMH for such
services. Fees due DEH for such services shall be paid by the county
in which the court is located. Counties are not 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 does not 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
is 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 33
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:  2011/2012 - S.3883 McDonald - Reported to
Finance.

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.