senate Bill S5426A

Signed By Governor
2013-2014 Legislative Session

Authorizes county and regional correctional institutions to provide medical services to minor inmates serving a definite sentence of imprisonment

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5008 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this bill?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 23, 2013 signed chap.437
Oct 11, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.1454
substituted for s5426a
Jun 18, 2013 substituted by a5008b
ordered to third reading cal.1454
committee discharged and committed to rules
May 31, 2013 print number 5426a
amend and recommit to codes
May 16, 2013 referred to codes

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5426 - Details

See Assembly Version of this Bill:
A5008B
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; add §505, Cor L

S5426 - Summary

Authorizes county and regional correctional institutions to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed.

S5426 - Sponsor Memo

S5426 - Bill Text download pdf

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

                                  5426

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  authorizing  local correctional facilities to provide medical services
  to minor inmates in the absence of the consent of a parent or guardian
  when a definite sentence of imprisonment has been imposed

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

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2.  (A)  Definite  sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  (B)  THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS
OF AGE TO THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE  AS  TO  WHETHER
THE  PARENTS  OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT, WILL GRANT
TO THE MINOR THE CAPACITY TO CONSENT  TO  ROUTINE  MEDICAL,  DENTAL  AND
MENTAL HEALTH SERVICES AND TREATMENT.
  S  2. Section 140 of the correction law is amended by adding three new
subdivisions 5, 6 and 7 to read as follows:
  5. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  70.20
OF  THE  PENAL  LAW,  WHERE THE COURT COMMITS A DEFENDANT WHO IS NOT YET
EIGHTEEN YEARS OF AGE TO THE CUSTODY OF THE LOCAL CORRECTIONAL  FACILITY
IN  ACCORDANCE  WITH  SECTION  70.02  OF  THE PENAL LAW OR AS A PRETRIAL
DETAINEE AND NO MEDICAL CONSENT HAS BEEN OBTAINED PRIOR TO SAID  COMMIT-
MENT,  THE  COMMITMENT  ORDER  SHALL  BE DEEMED TO GRANT THE CAPACITY TO
CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREAT-
MENT TO THE PERSON SO COMMITTED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-01-3

S5426A (ACTIVE) - Details

See Assembly Version of this Bill:
A5008B
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; add §505, Cor L

S5426A (ACTIVE) - Summary

Authorizes county and regional correctional institutions to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed.

S5426A (ACTIVE) - Sponsor Memo

S5426A (ACTIVE) - Bill Text download pdf

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

                                 5426--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the penal law and the correction law, in relation to
  authorizing local correctional facilities to provide medical  services
  to minor inmates in the absence of the consent of a parent or guardian
  when a definite sentence of imprisonment has been imposed

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

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. (A) Definite sentence. Except as provided in  subdivision  four  of
this  section,  when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional  correctional
institution  for  the term of his sentence and until released in accord-
ance with the law.
  (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN  YEARS
OF  AGE  TO  THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER
THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT,  WILL  GRANT
TO  THE  MINOR  THE  CAPACITY  TO CONSENT TO ROUTINE MEDICAL, DENTAL AND
MENTAL HEALTH SERVICES AND TREATMENT.
  (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR-
DIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF  AGE  FROM  MAKING  A
MOTION  ON  NOTICE  TO THE LOCAL CORRECTION FACILITY PURSUANT TO ARTICLE
TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND SECTION  ONE  HUNDRED
FORTY  OF  THE  CORRECTION  LAW, OBJECTING TO ROUTINE MEDICAL, DENTAL OR
MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER
THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.