Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 13, 2019 |
signed chap.306 delivered to governor |
Jun 18, 2019 |
returned to senate passed assembly ordered to third reading rules cal.421 substituted for a8087 |
Jun 13, 2019 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1361 committee discharged and committed to rules |
Jun 05, 2019 |
print number 6164a |
Jun 05, 2019 |
amend and recommit to mental health and developmental disabilities |
May 21, 2019 |
referred to mental health and developmental disabilities |
Senate Bill S6164A
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) Senate District
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
Actions
Votes
Bill Amendments
2019-S6164 - Details
- See Assembly Version of this Bill:
- A8087
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Add §67.08, Ment Hyg L
2019-S6164 - Sponsor Memo
BILL NUMBER: S6164 SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the mental hygiene law, in relation to patient requests for transfer to a foreign nation pursuant to an inter- national treaty PURPOSE OF THE BILL: This bill would add a new Section 67.08 to Article 67 of the Mental Hygiene Law (MHL) to authorize the commissioner of the Office of Mental Health (OMH) to approve or disapprove an application made by a Criminal Procedure Law (CPL) § 330.20 patient in its custody for transfer to a foreign nation pursuant to the Council of Europe Convention on the Transfer of Sentenced Persons (COE) or other applicable international treaty. SUMMARY OF PROVISIONS: Section 1 of the bill provides the commissioner (or his or her designee) the sole authority to approve or disapprove a CPL § 330.20 patient
2019-S6164 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6164 2019-2020 Regular Sessions I N S E N A T E May 21, 2019 ___________ Introduced by Sen. CARLUCCI -- (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 patient requests for transfer to a foreign nation pursuant to an international treaty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 67.08 to read as follows: § 67.08 PATIENT TRANSFER TO FOREIGN NATION. (A) THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL HAVE THE SOLE AND ABSOLUTE AUTHORITY TO APPROVE OR DISAPPROVE A PATIENT APPLICATION FOR TRANSFER TO A FOREIGN NATION PURSUANT TO THE COUNCIL OF EUROPE CONVEN- TION ON THE TRANSFER OF SENTENCED PERSONS (COE) OR OTHER APPLICABLE INTERNATIONAL TREATY, WHERE: (1) SUCH APPLICANT HAS BEEN COMMITTED TO AND PLACED IN THE CUSTODY OF THE DEPARTMENT UPON A VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT PURSUANT TO SECTION 330.20 OF THE CRIMINAL PROCEDURE LAW; (2) SUCH APPLICANT HAS INDICATED A WILLINGNESS AND DESIRE FOR TRANSFER TO A FOREIGN NATION IN WRITING ON A FORM PRESCRIBED BY THE COMMISSIONER; AND (3) THE TRANSFER NATION IS EITHER A "TREATY NATION" UNDER THE COE OR ANY OTHER NATION WITH WHICH THE UNITED STATES HAS A PRISONER TRANSFER TREATY THAT PERMITS THE TRANSFER OF PERSONS COMMITTED TO PSYCHIATRIC INSTITUTIONS AFTER A VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT. (B) IF A REQUEST FOR TRANSFER IS APPROVED BY THE COMMISSIONER, OR HIS OR HER DESIGNEE, FACILITY STAFF SHALL ASSIST IN THE PREPARATION AND SUBMISSION OF ALL MATERIALS AND FORMS NECESSARY TO EFFECTUATE THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2019-S6164A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8087
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Add §67.08, Ment Hyg L
2019-S6164A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6164A SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the mental hygiene law, in relation to patient requests for transfer to a foreign nation pursuant to an inter- national treaty PURPOSE OF THE BILL: This bill would add a new Section 67.08 to Article 67 of the Mental Hygiene Law (MHL) to authorize the commissioner of the Office of Mental Health (OMH) to approve or disapprove an application made by a Criminal Procedure Law (CPL) § 33020 patient in its custody for transfer to a foreign nation pursuant to the Council of Europe Convention on the Transfer of Sentenced Persons (COE) or other applicable international treaty. SUMMARY OF PROVISIONS: Section 1 of the bill provides the commissioner (or his or her designee) the sole authority to approve or disapprove a CPL § 330.20 patient
2019-S6164A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6164--A 2019-2020 Regular Sessions I N S E N A T E May 21, 2019 ___________ Introduced by Sen. CARLUCCI -- (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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to patient requests for transfer to a foreign nation pursuant to an international treaty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 67.08 to read as follows: § 67.08 PATIENT TRANSFER TO FOREIGN NATION. (A) THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL HAVE THE SOLE AND ABSOLUTE AUTHORITY TO APPROVE OR DISAPPROVE A PATIENT APPLICATION FOR TRANSFER TO A FOREIGN NATION PURSUANT TO THE COUNCIL OF EUROPE CONVEN- TION ON THE TRANSFER OF SENTENCED PERSONS (COE) OR OTHER APPLICABLE INTERNATIONAL TREATY, WHERE: (1) SUCH APPLICANT HAS BEEN COMMITTED TO AND PLACED IN THE CUSTODY OF THE DEPARTMENT UPON A VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT PURSUANT TO SECTION 330.20 OF THE CRIMINAL PROCEDURE LAW; (2) SUCH APPLICANT HAS INDICATED A WILLINGNESS AND DESIRE FOR TRANSFER TO A FOREIGN NATION IN WRITING ON A FORM PRESCRIBED BY THE COMMISSIONER OR, THE COMMISSIONER AT THE REQUEST OF A PATIENT'S LEGAL GUARDIAN OR ATTORNEY CAN INDICATE A DESIRE FOR TRANSFER IF THE PATIENT IS UNABLE TO INDICATE THEIR WILLINGNESS AND DESIRE ON THEIR OWN; AND (3) THE TRANSFER NATION IS EITHER A "TREATY NATION" UNDER THE COE OR ANY OTHER NATION WITH WHICH THE UNITED STATES HAS A PRISONER TRANSFER TREATY THAT PERMITS THE TRANSFER OF PERSONS COMMITTED TO PSYCHIATRIC INSTITUTIONS AFTER A VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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