S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3992
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 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.
              

                                                            LBD07227-01-9

 A. 3992                             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.