The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6058--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 Introduced  by  M. of A. SOLAGES, L. ROSENTHAL -- read once and referred
   to the Committee on Correction -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  correction law, in relation to requiring mental
   health services for incarcerated individuals with mental health issues
   related to the trauma of incarceration
 
   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
 "Shawanna's law (W76337)".
   § 2. Section 71-a of the correction law, as amended by chapter 322  of
 the laws of 2021, is amended to read as follows:
   §  71-a.  Transitional  accountability  plan.  1. Upon admission of an
 incarcerated individual 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 incarcerated individual.  The
 purpose  of  such  plan  shall  be  to promote the rehabilitation of the
 incarcerated individual 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 incarcer-
 ated individual during incarceration and any period of community  super-
 vision.  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. MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN AN INCARCERATED
 INDIVIDUAL'S   TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH  MENTAL  HEALTH
 REENTRY SERVICES SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF AN  INCAR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02966-05-3

 A. 6058--A                          2
 
 CERATED INDIVIDUAL TO A CORRECTIONAL FACILITY AND SUCH SERVICES SHALL BE
 PROVIDED  BY  LICENSED  THERAPISTS, PSYCHIATRISTS, PSYCHOLOGISTS, SOCIAL
 WORKERS, OR NURSES IN PERMANENT COMPETITIVE POSITIONS IN THE  CLASSIFIED
 SERVICE  OF  THE  STATE  WHO SPECIALIZE IN TRAUMA AND UTILIZE CULTURALLY
 SENSITIVE TECHNIQUES.  MENTAL HEALTH REENTRY SERVICES SHALL INCLUDE, BUT
 NOT BE LIMITED TO: (I) BEHAVIORAL HEALTH SCREENING AND ASSESSMENT;  (II)
 CLINICAL INTERVENTION FOR ANY MENTAL HEALTH ISSUES RELATED TO THE TRAUMA
 OF INCARCERATION; (III) MENTAL HEALTH AND TRAUMA SCREENINGS WITHIN SIXTY
 DAYS  OF  BEING  COMMITTED  TO  THE  CUSTODY OF THE DEPARTMENT. WHERE AN
 INCARCERATED INDIVIDUAL WOULD BENEFIT FROM TRAUMA ORIENTED THERAPY,  THE
 MENTAL  HEALTH  REENTRY  SERVICES SHALL INCLUDE TRAUMA ORIENTED THERAPY.
 IF AN INCARCERATED INDIVIDUAL IS AT  A  FACILITY  WHICH  CANNOT  PROVIDE
 PROPER  MENTAL  HEALTH  REENTRY SERVICES TO THE INCARCERATED INDIVIDUAL,
 THE INCARCERATED INDIVIDUAL SHALL BE TRANSFERRED WITHIN SEVEN DAYS TO  A
 FACILITY  WITH  THE CAPACITY TO PROVIDE THE INCARCERATED INDIVIDUAL WITH
 HIS OR HER PROPER MENTAL HEALTH REENTRY SERVICES.
   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 INCARCERATION.
   4. THE DEPARTMENT SHALL SUBMIT A REPORT INCLUDING, BUT NOT LIMITED TO,
 THE  NUMBER  OF  INCARCERATED INDIVIDUALS SCREENED FOR MENTAL HEALTH AND
 TRAUMA AND THE NUMBER OF INCARCERATED INDIVIDUALS RECEIVING  THERAPY  OR
 CLINICAL  INTERVENTION WITH INFORMATION ON THE TYPES OF THERAPY OR CLIN-
 ICAL INTERVENTION SUCH INCARCERATED INDIVIDUALS  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  INCARCERATED
 INDIVIDUALS  WHICH ARE TAILORED TO ADDRESS THE INCARCERATED INDIVIDUAL'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 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL WHO RECEIVES CLINICAL INTERVENTION FOR
 TRAUMA RELATED TO INCARCERATION  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) ALCOHOL AND SUBSTANCE ABUSE DISORDER TREATMENT SERVICES;
   (V) HIV/AIDS SERVICES;
 A. 6058--A                          3
 
   (VI) EDUCATION AND VOCATIONAL TRAINING;
   (VII) HOUSING INFORMATION;
   (VIII) JOB PLACEMENT INFORMATION; AND
   (IX) 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
 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 31, 2024.
   §  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.