S T A T E O F N E W Y O R K
________________________________________________________________________
6144
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
___________
Introduced by M. of A. JEAN-PIERRE, JACKSON -- read once and referred to
the Committee on 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
LIMITED TO: (I) BEHAVIORAL HEALTH SCREENING AND ASSESSMENT; (II) CLIN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06629-01-1
A. 6144 2
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
corrections system, including local jails, which shall include, but not
A. 6144 3
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.