Senate Bill S2058

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • 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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2021-S2058 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2691
2023-2024: S465

2021-S2058 (ACTIVE) - Summary

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

2021-S2058 (ACTIVE) - Sponsor Memo

2021-S2058 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2058
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04339-01-1
              

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