Senate Bill S4965

2015-2016 Legislative Session

Relates to notice of transfer of sex offender to psychiatric hospital

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction
Apr 24, 2015	referred to crime victims, crime and correction

2015-S4965 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §508, Cor L

2015-S4965 (ACTIVE) - Summary

Relates to a jailer's or warden's obligation to notify the prosecuting district attorney of a sex offender's transfer to a psychiatric hospital.

2015-S4965 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4965

TITLE OF BILL:  An act to amend the correction law, in relation to
notice of transfer of sex offender to psychiatric hospital

PURPOSE:

To notify the former prosecuting district attorney of a sex offender
when such prisoner is transferred from prison to a psychiatric
hospital.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph a of subdivision 2 of section 508 of the
correction law providing that where a prisoner is a sex offender, as
defined by this chapter, the jailer or warden shall notify the
district attorney who prosecuted the sex offender of the transfer to
the psychiatric hospital.

Section 2 is the effective date.

JUSTIFICATION:

In 2014 the most notorious sex offender in Oswego County History,
Raymond Younis, was moved out of the maximum security unit at the
Marcy Psychiatric Center to a less secure facility in St Lawrence

County. Younis had plead guilty in 1998 to 86 counts of sexual abuse
involving 17 boys. Authorities say there were even more victims. He is
described as the most prolific child molester ever prosecuted in
Oswego County. Yet, the office responsible for prosecuting his crimes
was never notified of Younis' release to the other facility. Once the
Oswego County District Attorney became aware of the plan to release
Younis, he immediately called upon the state attorney general to have
Younis committed to a more secure psychiatric facility.

The St. Lawrence Psychiatric Center offers a special sex offender
treatment program. However, in an article chronicling Younis' release,
a spokesperson for the State Office of Mental Health describes the
facility as being "equal to a medium security prison."  Even if this
location is a proper facility for Younis, District Attorneys should be
kept apprised of attempts to move convicted sex offenders to
psychiatric facilities. This legislation requires that all district
attorneys who prosecuted the sex offender are notified when the
individual is transferred to a psychiatric hospital. This is a
laudable objective and for all of these reasons it is imperative that
this bill is enacted.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S4965 (ACTIVE) - Bill Text download pdf

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

                                  4965

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, in relation to notice of transfer of
  sex offender to psychiatric hospital

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

  Section 1. Paragraph  a  of  subdivision  2  of  section  508  of  the
correction  law, as amended by chapter 283 of the laws of 2002, and such
subdivision as renumbered by chapter 33 of the laws of 2009, is  amended
to read as follows:
  2.  a.  If  a  physician to a jail or in case of a vacancy a physician
acting as such and the warden or jailer certify in writing that a  pris-
oner  confined  in  a  jail  either  in a civil cause or upon a criminal
charge is in such a state of mental health that he is in need of  invol-
untary  care  and  treatment and in their opinion should be removed to a
psychiatric hospital for treatment, the warden  or  jailer  shall  imme-
diately  notify  the  director  who  shall  have  the responsibility for
providing treatment for such prisoner. If such director  after  examina-
tion  of  the prisoner by an examining physician designated by him shall
determine that such prisoner is in need of involuntary care  and  treat-
ment,  the director shall file an application for the involuntary hospi-
talization of such prisoner pursuant  to  article  nine  of  the  mental
hygiene  law  in a hospital operated by the department of mental hygiene
or in the case of a prisoner confined in a jail  in  a  city  or  county
which  maintains or operates a general hospital containing a psychiatric
prison ward approved by the department of mental hygiene to such  prison
ward for care and treatment or to any other psychiatric hospital if such
prison  ward  is filled to capacity. Such application shall be supported
by the certificate of two physicians in accordance with the requirements
of section 9.27 of the mental hygiene law and  thereupon  such  prisoner

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07578-01-5

S. 4965                             2

shall be admitted forthwith to the hospital in which such application is
filed, and the procedures of the mental hygiene law governing the hospi-
talization  of such prisoner. The jailer or warden having custody of the
prisoner  shall  deliver  the  prisoner  to  the hospital with which the
director has filed the application.  If  such  jailer  or  warden  shall
certify  that  such  prisoner  has  a  mental illness which is likely to
result in serious harm to himself or others and  for  which  care  in  a
psychiatric  hospital  is appropriate such jailer or warden shall effect
the admission of such prisoner to a  hospital  forthwith  in  accordance
with  the  provisions  of section 9.37 or 9.39 of the mental hygiene law
and the hospital shall admit such prisoner. Upon admission of the  pris-
oner,  pursuant  to  section 9.37 or 9.39 of the mental hygiene law, the
jailer or warden shall notify the director, the prisoner's attorney, and
his family, where information about the family is available.  WHERE  THE
PRISONER  IS  A  SEX OFFENDER, AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, THE  JAILER OR WARDEN
SHALL ALSO NOTIFY THE DISTRICT ATTORNEY WHO PROSECUTED THE SEX  OFFENDER
OF  THE  TRANSFER  TO THE PSYCHIATRIC HOSPITAL. While the prisoner is in
the hospital he shall remain in the custody under  sufficient  guard  of
the jailer or warden in charge of the jail from which he came. A prison-
er  admitted to a psychiatric hospital pursuant to section 9.27, 9.37 or
9.39 of the mental hygiene law may be retained at the hospital  pursuant
to the provisions of the mental hygiene law until he has improved suffi-
ciently  in  his  mental  illness  so  that hospitalization is no longer
necessary or until ordered by the court  to  be  returned  to  the  jail
whichever  comes first and in either event, the prisoner shall thereupon
be returned to jail. The cost of the care and treatment of such  prison-
ers  in the hospital shall be defrayed in accordance with the provisions
of the mental hygiene law in such cases provided.
  From the time of admission of a prisoner  to  a  hospital  under  this
section  the  retention of such prisoner for care and treatment shall be
subject to the provisions  for  notice,  hearing,  review  and  judicial
approval  of  continued  retention  or  transfer and continued retention
provided by article nine of the mental hygiene law for the admission and
retention of involuntary patients.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S4965

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2015-S4965 (ACTIVE) - Details

2015-S4965 (ACTIVE) - Summary

2015-S4965 (ACTIVE) - Sponsor Memo

2015-S4965 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2015-S4965 (ACTIVE) - Details

2015-S4965 (ACTIVE) - Summary

2015-S4965 (ACTIVE) - Sponsor Memo

2015-S4965 (ACTIVE) - Bill Text download pdf

Comments