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Assembly Bill A2009

2015-2016 Legislative Session

Relates to holding inmates that suffer from mental illness for emergency purposes

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Archive: Last Bill Status - On Floor Calendar

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2015-A2009 (ACTIVE) - Details

See Senate Version of this Bill:
S536
Law Section:
Correction Law
Laws Affected:
Amd §402, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9257
2013-2014: A4583, S5763
2017-2018: A4048
2019-2020: A4233

2015-A2009 (ACTIVE) - Summary

Relates to holding inmates that suffer from mental illness for emergency purposes.

2015-A2009 (ACTIVE) - Bill Text download pdf 

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

                                  2009

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee on Correction

AN  ACT to amend the correction law, in relation to holding inmates that
  suffer from mental illness for emergency purposes

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

  Section  1.  Subdivision  9  of  section 402 of the correction law, as
amended by chapter 164 of the laws  of  1986,  is  amended  to  read  as
follows:
  9. Except as provided in subdivision two OF THIS SECTION pertaining to
prisoners  confined in the city of New York, an inmate of a correctional
facility or a county jail may be admitted on an emergency basis  to  the
Central  New York Psychiatric Center upon the certification by two exam-
ining physicians, including physicians employed by the office of  mental
health  and  associated  with  the  correctional  facility in which such
inmate is confined, that the inmate suffers from a mental illness  which
is  likely  to result in serious harm to himself or others as defined in
subdivision (a) of section 9.39 of the mental hygiene law. Any person so
committed shall be delivered by the superintendent within a  twenty-four
hour  period,  to the director of the appropriate hospital as designated
in the rules and regulations of the office of mental health. Upon deliv-
ery of such person to a  hospital  operated  by  the  office  of  mental
health,  a proceeding under this section shall immediately be commenced,
PROVIDED, HOWEVER, THAT AFTER SUCH EMERGENCY HAS  RESOLVED  SUCH  PERSON
MAY  BE HELD WITHOUT COURT ORDER FOR FURTHER IN-PATIENT TREATMENT PURSU-
ANT TO SECTIONS 9.13 AND 9.15 OF THE MENTAL HYGIENE LAW.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01048-01-5

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