S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4872
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by Sens. BENJAMIN, 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 requiring mental
   health services for inmates with post-traumatic prison disorder

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Post-traumatic prison disorder Shawanna W76337 act".
   § 2. Section 71-a of the correction law, as added by section  16-a  of
 subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 71-a. Transitional accountability plan.  1.  Upon  admission  of  an
 inmate committed to the custody of the department under an indeterminate
 or  determinate sentence of imprisonment, the department shall develop a
 transitional accountability plan. Such plan shall  be  a  comprehensive,
 dynamic and individualized case management plan based on the programming
 and  treatment needs of the inmate. The purpose of such plan shall be to
 promote the rehabilitation  of  the  inmate  and  their  successful  and
 productive  reentry and reintegration into society upon release. To that
 end, such plan shall be used to  prioritize  programming  and  treatment
 services for the inmate during incarceration and any period of community
 supervision.  The  commissioner  may  consult  with the office of mental
 health,  the  office  of  [alcoholism  and  substance  abuse]  ADDICTION
 services  AND  SUPPORTS,  the board of parole, the department of health,
 and other appropriate agencies in the development of  transitional  case
 management plans.
   2. (A) MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN AN INMATE'S
 TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH MENTAL HEALTH REENTRY SERVICES
 SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF AN INMATE TO A CORRECTIONAL
 FACILITY.   MENTAL HEALTH REENTRY SERVICES SHALL  INCLUDE,  BUT  NOT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06629-01-1

 S. 4872                             2
 
 LIMITED  TO:  (I) BEHAVIORAL HEALTH SCREENING AND ASSESSMENT; (II) CLIN-
 ICAL INTERVENTION  FOR  POST-TRAUMATIC  PRISON  DISORDER;  (III)  MENTAL
 HEALTH AND TRAUMA SCREENINGS WITHIN SIXTY DAYS OF BEING COMMITTED TO THE
 CUSTODY  OF  THE  DEPARTMENT.  WHERE AN INMATE WOULD BENEFIT FROM TRAUMA
 ORIENTED THERAPY, THE MENTAL HEALTH REENTRY SERVICES SHALL INCLUDE TRAU-
 MA ORIENTED THERAPY.  IF AN INMATE IS AT A FACILITY WHICH CANNOT PROVIDE
 PROPER MENTAL HEALTH REENTRY SERVICES TO THE INMATE, THE INMATE SHALL BE
 TRANSFERRED WITHIN SEVEN DAYS TO A FACILITY WITH THE CAPACITY TO PROVIDE
 THE INMATE WITH HIS OR HER PROPER MENTAL HEALTH REENTRY SERVICES.
   (B) A REGISTERED ORGANIZATION OR REPRESENTATIVE  WHO  PROVIDES  MENTAL
 HEALTH  REENTRY  SERVICES SHALL BE AN OUTSIDE VENDOR WHO EMPLOYS OR IS A
 REGISTERED THERAPIST, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL WORKER OR NURSE
 WHO SPECIALIZES IN TRAUMA AND UTILIZES CULTURALLY SENSITIVE TECHNIQUES.
   3. THE DEPARTMENT SHALL INVEST, DEVELOP AND ADOPT POLICIES AND  PROCE-
 DURES TO CREATE TRAINING FOR ALL PRISON PERSONNEL FOR BASIC COMPETENCIES
 IN MENTAL HEALTH TRAUMA AS A RESULT OF POST-TRAUMATIC PRISON DISORDER.
   4. THE DEPARTMENT SHALL SUBMIT A REPORT INCLUDING, BUT NOT LIMITED TO,
 THE  NUMBER  OF  INMATES  SCREENED  FOR MENTAL HEALTH AND TRAUMA AND THE
 NUMBER OF INMATES RECEIVING THERAPY OR CLINICAL INTERVENTION WITH INFOR-
 MATION ON THE TYPES OF THERAPY OR CLINICAL INTERVENTION SUCH INMATES ARE
 RECEIVING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  AND
 THE  SPEAKER OF THE ASSEMBLY NO LATER THAN DECEMBER THIRTY-FIRST OF EACH
 YEAR.
   § 3. Section 78 of the correction law, as added  by  section  81-b  of
 part  WWW  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   § 78. Discharge plans. (A) The department, in  consultation  with  the
 office  of  children  and family services, shall provide discharge plans
 for juvenile offenders and adolescent  offenders  who  are  released  to
 parole  or post-release supervision, which are tailored to address their
 individual needs. Such plans shall include services designed to  promote
 public  safety and the successful and productive reentry of such adoles-
 cents into society.
   (B) THE DEPARTMENT SHALL PROVIDE DISCHARGE PLANS FOR ALL INMATES WHICH
 ARE TAILORED TO ADDRESS THE INMATE'S INDIVIDUAL NEEDS UPON  REENTRY  AND
 REINTEGRATION  INTO  SOCIETY  UPON  RELEASE.  SUCH DISCHARGE PLANS SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I) COMPLETED MEDICAID ENROLLMENT, IF ELIGIBLE;
   (II) MEDICATIONS SUFFICIENT TO ALLOW THE INMATE  TO  TRANSITION  TO  A
 POST-RELEASE LOCATION; AND
   (III)  WRITTEN  COORDINATION  BETWEEN  THE  DEPARTMENT AND HEALTH CARE
 PROVIDERS INCLUDING, BUT NOT LIMITED TO, THE TRANSFER OF PATIENT RECORDS
 TO A HEALTH CARE PROVIDER FOR THE SERVICE OF THE RELEASEE.
   (C) AN INMATE WHO RECEIVES CLINICAL  INTERVENTION  FOR  POST-TRAUMATIC
 PRISON  DISORDER  UNDER  SECTION  SEVENTY-ONE-A  OF  THIS  ARTICLE SHALL
 RECEIVE THE FOLLOWING UPON REENTRY AND REINTEGRATION INTO  SOCIETY  UPON
 RELEASE:
   (I) MENTAL HEALTH SERVICES;
   (II)  THERAPEUTIC  PROGRAMS  INCLUDING  NONTRADITIONAL  THERAPIES LIKE
 YOGA, MEDITATION, AND PHYSICAL THERAPY;
   (III) FAMILY COUNSELING;
   (IV) HOUSING INFORMATION;
   (V) JOB PLACEMENT INFORMATION; AND
   (VI) MONEY MANAGEMENT ASSISTANCE.
   § 4. The department of corrections  and  community  supervision  shall
 submit  a  report  on  the  state  of mental health care services in the

 S. 4872                             3
 
 corrections system, including local jails, which shall include, but  not
 be  limited  to,  an  assessment  of  the  degree  to  which the federal
 substance abuse and mental health services administration's guidance for
 trauma-informed  approach  to  mental health has been implemented to the
 governor, the temporary president of the senate, and the speaker of  the
 assembly no later than December thirty-first, two thousand twenty-two.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.