NY State Senate Bill 2017-S5314

Senate Bill S5314

Signed By Governor

2017-2018 Legislative Session

Relates to clarifying certain references to the department of corrections and community supervision

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2017	signed chap.247
Aug 09, 2017	delivered to governor
Jun 14, 2017	returned to senate passed assembly ordered to third reading rules cal.248 substituted for a7805
Jun 08, 2017	referred to mental health delivered to assembly passed senate
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.948
Mar 21, 2017	referred to mental health and developmental disabilities

Votes

- Jun 8, 2017 - Floor Vote
  S5314
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Diaz
      
      LaValle
  May 16, 2017 - Committee Vote
  S5314
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 16, 2017
      
      aye (10)
      
      Bailey
      
      Brooks
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      aye wr (1)
      
      Hannon

2017-S5314 (ACTIVE) - Details

See Assembly Version of this Bill:: A7805
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §29.28, Ment Hyg L

2017-S5314 (ACTIVE) - Summary

Relates to clarifying certain references to the department of corrections and community supervision.

2017-S5314 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5314

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to clarifying certain references to the department of corrections and
community supervision

 PURPOSE OF THE BILL :

This bill would correct a technical error to clarify that the
"department" identified in Mental Hygiene Law § 29.28 refers to the
Department of Corrections and Community Supervision (DOCCS).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend MHL § 29.28(b) clarify that the
reference to "department," as refers to DOCCS, and not to the
Department of Mental Hygiene, the Office of Mental Hygiene (OMH), the
Office of Persons with Developmental Disabilities (OPWDD), or the
Office of Alcoholism and Substance Abuse (OASAS).

Section 2 states that the bill would take effect immediately.

 STATEMENT IN SUPPORT :

MHL § 29.28(a) provides that when an inmate-patient (e.g., persons
committed to the custody of OMH for care and treatment under Article

16 of the Correction Law) who was committed from a state correctional
facility, is alleged to have committed an offense while in the custody
of OMH, DOCCS shall pay all reasonable costs associated with the
prosecution of such offense. This includes costs for impaneling a
grand jury, counsel for the inmate-patient if he or she is unable to
afford an attorney, and the costs for the district attorney.

In 2011, MHL § 29.28 was amended to include sub-paragraph (b), which
set for the process for making such payments. Specifically, the county
government where the prosecution occurred is required to submit a
sworn statement of costs to "the department," and "the department"
would certify those costs and submit vouchers to the State Comptroller
for payment.

However, MHL § 1.03 defines the word "department" as Department of
Mental Hygiene (e.g., OMH, OPWDD, and OASAS), none of whom have a role
in this process. This bill would correct this unintended technical
error by clarifying that sworn statements of costs of prosecution will
be submitted to the DOCCSS, who shall certify and submit such
statements to the Comptroller.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect immediately.

2017-S5314 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5314
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  HELMING  --  (at  request  of the Office of Mental
   Health) -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Mental Health and Developmental Disabil-
   ities
 
 AN  ACT  to  amend  the  mental  hygiene  law, in relation to clarifying
   certain references to the  department  of  corrections  and  community
   supervision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 29.28 of the mental hygiene law,
 as added by section 5 of subpart C of part C of chapter 97 of  the  laws
 of 2011, is amended to read as follows:
   (b)  It  shall be the duty of the governing body of any county wherein
 such prosecution occurs to cause a sworn statement of all  costs  to  be
 forwarded  to  the  department OF CORRECTIONS AND COMMUNITY SUPERVISION.
 Upon certification by [the] SUCH department that such costs  as  author-
 ized  by  this  [statute]  SECTION  have been incurred, the [department]
 COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION shall forward  the
 proper  vouchers  to the state comptroller.  It shall be the duty of the
 comptroller to examine such statement and to correct  same  by  striking
 therefrom  any  and  all  items which are not authorized pursuant to the
 provisions of this section and  after  correcting  such  statement,  the
 comptroller  shall  draw  his  OR HER warrant for the amount of any such
 costs in favor of the appropriate county treasurer, which sum  shall  be
 paid to said county treasurer out of any moneys appropriated therefor.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10134-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.