Senate Bill S4114

2021-2022 Legislative Session

Provides an incarcerated individual time for mental health services

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-S4114 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§140 & 505, Cor L
Versions Introduced in Other Legislative Sessions:
2023-2024: S5584
2025-2026: S5123

2021-S4114 (ACTIVE) - Summary

Provides that an incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.

2021-S4114 (ACTIVE) - Sponsor Memo

2021-S4114 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4114
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 providing an incar-
   cerated individual time for mental health services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 140 of the correction law, as
 added by chapter 516 of the laws of 1995, is amended to read as follows:
   4. Nothing in this section shall  preclude  an  [inmate]  INCARCERATED
 INDIVIDUAL  from  consenting  on  his  or her own behalf to any medical,
 dental or mental health service and treatment where otherwise authorized
 by law to do so.  ANY INCARCERATED INDIVIDUAL WHO  IS  RECEIVING  MENTAL
 HEALTH  SERVICES  OR  PARTICIPATING IN A PROGRAM ESTABLISHED PURSUANT TO
 SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT HAVE THE  TIME  SPENT
 PARTICIPATING  IN  SUCH MENTAL HEALTH SERVICES OR PROGRAMS DEDUCTED FROM
 ANY OTHER ACTIVITY TIME SUCH INCARCERATED INDIVIDUAL RECEIVES.  ACTIVITY
 TIME SHALL INCLUDE BUT NOT BE LIMITED TO THE TIME ALLOWED FOR: EXERCISE,
 MEALS,  VISITS,  EDUCATIONAL  PROGRAMS AND ANY OTHER ACTIVITY OR PROGRAM
 TIME AN INCARCERATED INDIVIDUAL RECEIVES.
   § 2. Subdivision 4 of section 505 of the correction law, as  added  by
 chapter 437 of the laws of 2013, is amended to read as follows:
   4.  Nothing  in  this  section shall preclude an [inmate] INCARCERATED
 INDIVIDUAL from consenting on his or her  own  behalf  to  any  medical,
 dental  or  mental health services and treatment where otherwise author-
 ized by law to do so.   ANY INCARCERATED  INDIVIDUAL  WHO  IS  RECEIVING
 MENTAL  HEALTH SERVICES OR PARTICIPATING IN A PROGRAM ESTABLISHED PURSU-
 ANT TO SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT HAVE THE  TIME
 SPENT  PARTICIPATING IN SUCH MENTAL HEALTH SERVICES OR PROGRAMS DEDUCTED
 FROM ANY OTHER ACTIVITY  TIME  SUCH  INCARCERATED  INDIVIDUAL  RECEIVES.
 ACTIVITY  TIME SHALL INCLUDE BUT NOT BE LIMITED TO THE TIME ALLOWED FOR:
 EXERCISE, MEALS, VISITS, EDUCATIONAL PROGRAMS AND ANY OTHER ACTIVITY  OR
 PROGRAM TIME AN INCARCERATED INDIVIDUAL RECEIVES.
   § 3. This act shall take effect immediately.

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