S T A T E O F N E W Y O R K
________________________________________________________________________
8192
2023-2024 Regular Sessions
I N A S S E M B L Y
October 27, 2023
___________
Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to the removal of incar-
cerated individuals 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 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 incarcerated individuals WHO AT ANY TIME
HAVE BEEN DIAGNOSED with A serious mental illness, as defined in SUBPAR-
AGRAPHS (I), (III), (IV) AND (V) OF paragraph (e) of this subdivision,
from segregated confinement or confinement in a residential rehabili-
tation unit, 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 regu-
lations for disciplinary hearings.
§ 2. 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,] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01485-01-3
A. 8192 2
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;
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.