S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7569
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. WEPRIN -- (at request of the Office of Mental
   Health) -- read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation  to  local  correctional
   facility  inmates  held in secure facilities operated by the office of
   mental health

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 508 of the correction law, as
 amended by chapter 33 of the  laws  of  2009,  is  amended  to  read  as
 follows:
   1.  A  sheriff,  in his OR HER discretion, may by written order permit
 inmates confined in a local correctional  facility  to  receive  medical
 diagnosis  and  treatment  in  outside hospitals, upon the determination
 that such outside treatment and diagnosis  is  necessary  by  reason  of
 inadequate  facilities  within  the  local  correctional  facility. Such
 inmates shall remain under the jurisdiction and in the custody  of  said
 sheriff  while in a hospital, OTHER THAN A SECURE FACILITY, AS SUCH TERM
 IS DEFINED IN PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION,  and  said
 sheriff  shall  enforce  proper measures in each case to safely maintain
 such jurisdiction and custody.
   § 2. Paragraph a of subdivision 2 of section  508  of  the  correction
 law,  as amended by chapter 283 of the laws of 2002, such subdivision as
 renumbered by chapter 33 of the laws of 2009,  is  amended  to  read  as
 follows:
   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 prisoner
 confined in a jail, either in a civil cause or upon a  criminal  charge,
 is  in such a state of mental health that he OR SHE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10128-01-7

 A. 7569                             2
 
 providing  treatment  for such prisoner. If such director after examina-
 tion of the prisoner by an examining physician designated by him OR  HER
 shall  determine  that  such prisoner is in need of involuntary care and
 treatment,  the  director  shall file an application for the involuntary
 hospitalization of such prisoner pursuant to article nine of the  mental
 hygiene  law in a hospital OR SECURE FACILITY, AS DEFINED IN PARAGRAPH B
 OF THIS SUBDIVISION, operated  by  the  [department]  OFFICE  of  mental
 [hygiene]  HEALTH  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] OFFICE of  mental
 [hygiene]  HEALTH  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 shall be admitted  forthwith  to
 the  hospital OR SECURE FACILITY in which such application is filed, and
 the procedures of the mental hygiene law governing  the  hospitalization
 of  such  prisoner.  The jailer or warden having custody of the prisoner
 shall deliver the prisoner to the hospital OR SECURE FACILITY 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 OR SECURE  FACILITY  forth-
 with  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  prisoner,  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 OR HER family, where information about the
 family is available. While the prisoner is in the hospital, OTHER THAN A
 SECURE FACILITY, he OR SHE shall remain in the custody under  sufficient
 guard of the jailer or warden in charge of the jail from which he OR SHE
 came.    WHEN THE PRISONER IS IN A SECURE FACILITY, THE JAILER OR WARDEN
 MAY TRANSFER CUSTODY OF THE INMATE TO THE COMMISSIONER OF MENTAL HEALTH,
 PURSUANT TO AN AGREEMENT BETWEEN SUCH JAILER OR WARDEN AND SUCH  COMMIS-
 SIONER.  A  prisoner  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 OR SECURE FACILITY pursuant to the provisions of the mental
 hygiene  law  until  he  OR  SHE has improved sufficiently in his OR HER
 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 prisoners in the hospital OR
 SECURE FACILITY 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.
   § 3. Paragraph b of subdivision 2 of section 508 of the correction law
 is amended by adding a new subparagraph (v) to read as follows:
   (V)  "SECURE  FACILITY"  SHALL MEAN A FACILITY OPERATED OR LICENSED BY
 THE OFFICE OF MENTAL HEALTH THAT HAS BEEN APPROVED AND DESIGNATED BY THE
 COMMISSIONER OF MENTAL HEALTH TO RECEIVE AND RETAIN  PRISONERS  PURSUANT

 A. 7569                             3
 
 TO  THIS  SECTION,  BASED UPON A DETERMINATION BY SUCH COMMISSIONER THAT
 THE PHYSICAL AND INTERNAL SECURITY OF THE  FACILITY  ARE  SUFFICIENT  TO
 PROTECT  THE  SAFETY  AND  SECURITY  OF  STAFF AND PERSONS SERVED BY THE
 FACILITY.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.