assembly Bill A3992

2019-2020 Legislative Session

Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to correction
Jan 31, 2019 referred to correction

Co-Sponsors

A3992 (ACTIVE) - Details

See Senate Version of this Bill:
S2691
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9421
2017-2018: A4037
2021-2022: S2058

A3992 (ACTIVE) - Summary

Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit.

A3992 (ACTIVE) - Bill Text download pdf


                    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.