S T A T E O F N E W Y O R K
________________________________________________________________________
4037
2017-2018 Regular Sessions
I N A S S E M B L Y
January 31, 2017
___________
Introduced by M. of A. WEPRIN, O'DONNELL -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law, in relation to the removal of
inmates diagnosed with mental illness to a residential mental health
treatment unit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph d of subdivision 6 of section
137 of the correction law, as added by chapter 1 of the laws of 2008, is
amended to read as follows:
(i) Except as set forth in clause (E) of subparagraph (ii) of this
paragraph, the department, in consultation with mental health clini-
cians, shall divert or remove [inmates] AN INMATE WHO AT ANY TIME HAS
BEEN DIAGNOSED with A serious mental illness, as defined in SUBPARA-
GRAPHS (I), (III), (IV) AND (V) OF paragraph (e) of this subdivision,
from segregated confinement, where such confinement could potentially be
for a period in excess of thirty days, to a residential mental health
treatment unit. Nothing in this paragraph shall be deemed to prevent
the disciplinary process from proceeding in accordance with department
rules and regulations for disciplinary hearings.
§ 2. Subparagraph (i) of paragraph e of subdivision 6 of section 137
of the correction law, as added by chapter 1 of the laws of 2008, is
amended to read as follows:
(i) he or she has [a current diagnosis of, or is diagnosed at the
initial or any subsequent assessment conducted during the inmate's
segregated confinement with,] BEEN DIAGNOSED AT ANY TIME WITH one or
more of the following types of Axis I diagnoses, as described in the
most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders, and such diagnoses shall be made based upon all relevant
clinical factors, including but not limited to symptoms related to such
diagnoses:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05046-01-7
A. 4037 2
(A) schizophrenia (all sub-types),
(B) delusional disorder,
(C) schizophreniform disorder,
(D) schizoaffective disorder,
(E) brief psychotic disorder,
(F) substance-induced psychotic disorder (excluding intoxication and
withdrawal),
(G) psychotic disorder not otherwise specified,
(H) major depressive disorders, or
(I) bipolar disorder I and II;
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.