S T A T E O F N E W Y O R K
________________________________________________________________________
5430
2017-2018 Regular Sessions
I N S E N A T E
March 28, 2017
___________
Introduced by Sen. GALLIVAN -- (at request of the Office of Mental
Health) -- 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10128-01-7
S. 5430 2
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 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
S. 5430 3
COMMISSIONER OF MENTAL HEALTH TO RECEIVE AND RETAIN PRISONERS PURSUANT
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.
