S T A T E O F N E W Y O R K
________________________________________________________________________
7898
I N S E N A T E
June 17, 2014
___________
Introduced by Sens. YOUNG, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the correction law and the mental hygiene law, in
relation to treatment plans for certain inmates who are receiving
mental health services at or prior to the time of their anticipated
release date
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 404 of the correction law is amended by adding a
new subdivision 4 to read as follows:
4. EVERY INMATE WHO HAS RECEIVED, REFUSED OR OTHERWISE FAILED TO
COMPLY WITH MENTAL HEALTH TREATMENT PURSUANT TO THIS ARTICLE WITHIN
THREE YEARS OF HIS OR HER ANTICIPATED RELEASE DATE FROM A STATE CORREC-
TIONAL FACILITY SHALL BE PROVIDED WITH MENTAL HEALTH DISCHARGE PLANNING
AND, WHEN NECESSARY, AN APPOINTMENT WITH A MENTAL HEALTH PROFESSIONAL IN
THE COMMUNITY WHO CAN PRESCRIBE MEDICATIONS FOLLOWING DISCHARGE AND
SUFFICIENT MENTAL HEALTH MEDICATIONS AND PRESCRIPTIONS TO BRIDGE THE
PERIOD BETWEEN DISCHARGE AND SUCH TIME AS SUCH MENTAL HEALTH PROFES-
SIONAL MAY ASSUME CARE OF THE PATIENT. SUCH DISCHARGE PLANNING SHALL
ALSO INCLUDE, WHEN APPROPRIATE, A CLINICAL ASSESSMENT TO DETERMINE
WHETHER THE INMATE MEETS THE CRITERIA FOR INVOLUNTARY ADMISSION ON
MEDICAL CERTIFICATION PURSUANT TO SECTION 9.27 OF THE MENTAL HYGIENE LAW
OR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDIVISION (C) OF SECTION
9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT OF THE CLINICAL ASSESS-
MENT, IT IS DETERMINED THAT SUCH ADMISSION OR TREATMENT IS WARRANTED,
THE DEPARTMENT SHALL ENSURE THAT NECESSARY APPLICATIONS AND PETITIONS
ARE EXECUTED.
S 2. Paragraph 4 of subdivision (b) of section 9.27 of the mental
hygiene law, as amended by chapter 7 of the laws of 2007, is amended to
read as follows:
4. an officer of any public or well recognized charitable institution
or agency or home, including but not limited to the superintendent of a
correctional facility, as such term is defined in paragraph (a) of
subdivision four of section two of the correction law, in whose institu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15567-05-4
S. 7898 2
tion the person alleged to be mentally ill resides AND THE DESIGNEE
AUTHORIZED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION RESPONSIBLE FOR COMMUNITY SUPERVISION IN THE
REGION WHERE SUCH PERSON ALLEGED TO BE MENTALLY ILL HAS BEEN RELEASED TO
ANY FORM OF SUPERVISION FOLLOWING INCARCERATION.
S 3. Subparagraphs (vii) and (viii) of paragraph 1 of subdivision (e)
of section 9.60 of the mental hygiene law, as amended by chapter 158 of
the laws of 2005, are amended and a new subparagraph (ix) is added to
read as follows:
(vii) the director of community services, or his or her designee, or
the social services official, as defined in the social services law, of
the city or county in which the subject of the petition is present or
reasonably believed to be present; [or]
(viii) a parole officer or probation officer assigned to supervise the
subject of the petition[.]; OR
(IX) A DESIGNEE AUTHORIZED BY THE COMMISSIONER OF CORRECTIONS AND
COMMUNITY SUPERVISION PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR
HUNDRED FOUR OF THE CORRECTION LAW.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to section 9.60 of the
mental hygiene law, made by section three of this act, shall not affect
the expiration and repeal of such section, and shall expire and be
deemed repealed therewith.