Assembly Bill A8260A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8260
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 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 amended by chapter 322 of the laws of
 2021, 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 AN incarcerated  [individuals]  INDIVIDUAL
 WHO  AT  ANY  TIME  HAS BEEN DIAGNOSED with A serious mental illness, as
 defined in SUBPARAGRAPHS (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  resi-
 dential 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 d of subdivision 6 of section 137
 of the correction law, as separately amended by chapters 93 and  322  of
 the laws of 2021, 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 AN incarcerated [individuals] INDIVIDUAL
 WHO AT ANY TIME HAS BEEN DIAGNOSED with A  serious  mental  illness,  as
 defined  in  SUBPARAGRAPHS (I),  (III), (IV) AND (V) OF paragraph (e) of
 this subdivision, from segregated confinement or confinement in a  resi-
 dential rehabilitation unit, where such confinement could potentially be
 for  a  period  in excess of thirty days, to a residential mental health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04339-02-1

 A. 8260                             2
 
 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.
   §  3.  Subparagraph (i) of paragraph e of subdivision 6 of section 137
 of the correction law, as amended by chapter 322 of the laws of 2021, 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 incarcerated
 individual's segregated confinement 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:
   (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;
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that if chapter 93 of the laws  of
 2021 shall not have taken effect on or before such date then section two
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2021, takes effect.