NY State Senate Bill 2023-S231

Senate Bill S231

2023-2024 Legislative Session

Relates to persons authorized to visit inmate-patient facilities of the department of mental hygiene

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Current Bill Status - In Senate Committee Mental Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to mental health
Jan 04, 2023	referred to mental health

co-Sponsors

2023-S231 (ACTIVE) - Details

See Assembly Version of this Bill:: A5853
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §29.27-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8194
2019-2020: S1333
2021-2022: S2269

2023-S231 (ACTIVE) - Summary

Authorizes the governor and lieutenant-governor, commissioner of general services, secretary of state, comptroller and attorney-general, members of the legislature and any employee of the inmate-patient facility as requested by the member of the legislature if the member requests to be so accompanied, provided that such request does not impact upon the department's ability to manage its facilities as determined by the commissioner, judges of the court of appeals, supreme court and county judges, district attorneys and county sheriffs to visit inmate-patient facilities of the department of mental hygiene.

2023-S231 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S231

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to certain persons
authorized to visit inmate-patient facilities

 
PURPOSE:

To authorize New York State legislators and other enumerated officials
to visit facilities operated by the Office of Mental Health for the care
and treatment of inmate-patients, at their pleasure.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes a new section of the mental hygiene
law authorizing certain persons to visit, at will, any OMH facility that
provides care and treatment to inmate-patients.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Members of the New York State Legislature, as well as various other
State level officials and jurists, are authorized, within the statute to
visit Department of Corrections and Community Supervision (DOCCS)
correctional facilities and juvenile justice facilities operated by the
Office of Children and Family Services (OCFS), at their pleasure, with-
out having to obtain permission from the commissioner of such governing
agency.

This legislation will correct a deficiency in the statute by also
permitting the aforementioned officials to visit, at pleasure, inmate-
patient facilities, operated by the Office of Mental Health.  Such
facilities, in part, provide care and treatment to inmates transferred
from DOCCS custody.

Importantly, the oversight responsibility of members of the legislature
and the aforementioned State level officials and jurists, necessitates
the codification of such inmate-patient facility visitation authority,
at pleasure, into the law. Doing so will establish additional super-
vision already afforded to those placed within the custody of DOCCS and
OCFS.

 
LEGISLATIVE HISTORY:

2021-22: S.2269 Referred to Mental Health

2019-20: S.1333/A.4376 Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health

2017-18: S.8194/A.10709 Advanced to 3rd Reading/Referred to Mental
Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

2023-S231 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    231
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  certain  persons
   authorized to visit inmate-patient facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 29.27-a to read as follows:
 § 29.27-A PERSONS  AUTHORIZED  TO VISIT INMATE-PATIENT FACILITIES OF THE
             DEPARTMENT.
   THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO  VISIT  AT  PLEASURE  ALL
 INMATE-PATIENT  FACILITIES  OF THE DEPARTMENT: THE GOVERNOR AND LIEUTEN-
 ANT-GOVERNOR, COMMISSIONER OF  GENERAL  SERVICES,  SECRETARY  OF  STATE,
 COMPTROLLER  AND  ATTORNEY  GENERAL,  MEMBERS OF THE LEGISLATURE AND ANY
 EMPLOYEE OF THE INMATE-PATIENT FACILITY AS REQUESTED BY  THE  MEMBER  OF
 THE  LEGISLATURE  IF  THE MEMBER REQUESTS TO BE SO ACCOMPANIED, PROVIDED
 THAT SUCH REQUEST DOES NOT  IMPACT  UPON  THE  DEPARTMENT'S  ABILITY  TO
 MANAGE  ITS  FACILITIES AS DETERMINED BY THE COMMISSIONER, JUDGES OF THE
 COURT OF APPEALS, SUPREME COURT AND COUNTY  JUDGES,  DISTRICT  ATTORNEYS
 AND  COUNTY  SHERIFFS.  NO  OTHER PERSON NOT OTHERWISE AUTHORIZED BY LAW
 SHALL BE PERMITTED TO ENTER AN INMATE-PATIENT FACILITY OF THE DEPARTMENT
 EXCEPT BY AUTHORITY OF THE COMMISSIONER  OF  MENTAL  HEALTH  UNDER  SUCH
 REGULATIONS, AS THE COMMISSIONER SHALL PRESCRIBE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00099-01-3

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Senate Bill S231

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Sponsored By

Patrick M. Gallivan