senate Bill S5430

Signed By Governor
2017-2018 Legislative Session

Relates to certain inmates held in secure mental health facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7569 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2017 signed chap.196
Aug 09, 2017 delivered to governor
Jun 05, 2017 returned to assembly
passed senate
3rd reading cal.994
substituted for s5430
Jun 05, 2017 substituted by a7569
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.994
Mar 28, 2017 referred to crime victims, crime and correction

S5430 (ACTIVE) - Details

See Assembly Version of this Bill:
A7569
Law Section:
Correction Law
Laws Affected:
Amd §508, Cor L

S5430 (ACTIVE) - Summary

Relates to transfer of certain inmates to secure mental health facilities.

S5430 (ACTIVE) - Sponsor Memo

S5430 (ACTIVE) - Bill Text download pdf


                    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.

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