S T A T E O F N E W Y O R K
________________________________________________________________________
8360
2015-2016 Regular Sessions
I N A S S E M B L Y
August 12, 2015
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the psychological
evaluation of correction officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 22-b
to read as follows:
S 22-B. PSYCHOLOGICAL EVALUATIONS. 1. EVERY PERSON EMPLOYED AS A
CORRECTION OFFICER SHALL SUBMIT TO A PSYCHOLOGICAL SCREENING ON A BIAN-
NUAL BASIS. PERSONS WHO HAVE BEEN DETERMINED BY A PSYCHOLOGIST LICENSED
UNDER THE LAWS OF THIS STATE AS SUFFERING FROM PSYCHOTIC DISORDERS,
SERIOUS CHARACTER DISORDERS, OR OTHER DISORDERS WHICH COULD HINDER
PERFORMANCE ON THE JOB SHALL BE DEEMED INELIGIBLE TO CONTINUE WORKING AS
A CORRECTION OFFICER AND SHALL BE PLACED ON MEDICAL LEAVE.
2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF MENTAL
HEALTH, SHALL ESTABLISH A PROCESS ON HOW TO PROCEED WITH A PERSON WHO
HAS BEEN DEEMED PSYCHOLOGICALLY INELIGIBLE TO CONTINUE AS A CORRECTION
OFFICER. SUCH PROCESS MAY INCLUDE TOPICS SUCH AS MEDICATION, REHABILI-
TATION, LENGTH OF MEDICAL LEAVE, OR THE TERMINATION OF SUCH PERSON'S
EMPLOYMENT WITH THE DEPARTMENT.
3. THE REQUIREMENTS OF THIS SECTION SHALL BE INCLUDED IN ANY COLLEC-
TIVE BARGAINING AGREEMENT ENTERED INTO, ALTERED, OR AMENDED, ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION. FAILURE TO INCLUDE THIS LANGUAGE IN
SUCH AGREEMENTS SHALL NOT NEGATE THE REQUIREMENT OF THIS SECTION, BUT
MUST BE INCLUDED AS AN APPENDIX TO SUCH AGREEMENT OR SUCH AGREEMENT
SHALL BE DEEMED NULL AND VOID AS AGAINST PUBLIC POLICY.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11775-01-5