Senate Bill S6164A

Signed By Governor
2019-2020 Legislative Session

Relates to transfer of patient in mental health facilities to a foreign nation upon request

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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

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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 - Summary

Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.

2019-S6164 - Sponsor Memo

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) - Summary

Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.

2019-S6164A (ACTIVE) - Sponsor Memo

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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