NY State Senate Bill 2023-S3103B

Senate Bill S3103B

2023-2024 Legislative Session

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2024	reported and committed to finance
Mar 12, 2024	print number 3103c
Mar 12, 2024	amend and recommit to crime victims, crime and correction
Jan 03, 2024	referred to crime victims, crime and correction
May 25, 2023	print number 3103b
May 25, 2023	amend and recommit to finance
May 23, 2023	reported and committed to finance
May 10, 2023	print number 3103a
May 10, 2023	amend (t) and recommit to crime victims, crime and correction
Jan 27, 2023	referred to crime victims, crime and correction

Votes

- Mar 19, 2024 - Crime Victims, Crime And Correction Committee Vote
  S3103B
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 19, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison
  May 22, 2023 - Crime Victims, Crime And Correction Committee Vote
  S3103B
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 22, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

Bill Amendments

Original

C (Active)

2023-S3103 - Details

See Assembly Version of this Bill:: A6058
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§71-a & 78, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8923, A10703

2023-S3103 - Summary

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

2023-S3103 - Sponsor Memo

                                 
BILL NUMBER: S3103

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring mental
health services for incarcerated individuals with post-traumatic prison
disorder

 
PURPOSE:

To address the mental health needs of individuals incarcerated in New
York State, with a particular focus upon addressing psychological trauma
created or exacerbated by incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 names this act the "post-traumatic prison disorder Shawanna
W76337 Act."

Section 2 amends 1171-A of the corrections law, which requires the
department of corrections and community supervision to develop an indi-

vidualized "transitional accountability plan" for the rehabilitation of
every person put under custody of the department. A new section two
requires mental health services to be included in the inmate's transi-
tional accountability plan. This shall begin within the first week of
admission to a correctional facility. Lays out the minimum specifica-
tions for the plan, to include screening and assessment, and clinical
intervention for post-traumatic prison disorder. In the event that such
services are not available at a facility, the inmate will be transferred
to a facility that does have such capacity.

Those who receive intervention for post-traumatic prison disorder shall
also receive mental health services, therapeutic programs, family coun-
seling, housing information, job placement information, and money
management assistance.

The department shall also develop a program for all personnel to provide
them with basic competencies for mental health trauma. The department is
submit an annual report to the governor and legislature on the number of
inmates screened for mental health and trauma.

Section 3 amends § 78 of the corrections law relating to discharge plans
for inmates, to include completed medicaid enrollment, required medica-
tions sufficient to cover the period of transition, written coordination
between the department and health care providers including the transfer
of health care records. The release plan for those deemed eligible for
intervention of post-traumatic prison disorder shall be eligible for
further assistance.

Section 4 requires the department of corrections to submit a one time
report on the state of mental health care within the corrections system,
to governor and legislature by the end of 2021.

Section 5 sets the effective date.

 
JUSTIFICATION:


Incarceration can create serious mental health traumas for those
subjected to it. This trauma can serve as an obstacle to successful
re-entry and rehabilitation. By providing necessary mental health
screening and therapy for individuals suffering from post-traumatic
prison disorder, individuals will stand a better chance at rebuilding
productive and self-reliant lives.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8923

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Ninety days after becoming law.

2023-S3103 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3103
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 incarcerated individuals with post-traumatic pris-
   on 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 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.  (A)  MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN AN INCAR-
 CERATED  INDIVIDUAL'S  TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH  MENTAL
 HEALTH  REENTRY SERVICES SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02966-01-3

 S. 3103                             2
 
 INCARCERATED INDIVIDUAL TO  A  CORRECTIONAL  FACILITY.    MENTAL  HEALTH
 REENTRY  SERVICES  SHALL  INCLUDE, BUT NOT BE LIMITED TO: (I) BEHAVIORAL
 HEALTH SCREENING AND ASSESSMENT; (II) CLINICAL  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  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.
   (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  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
 POST-TRAUMATIC PRISON DISORDER UNDER SECTION SEVENTY-ONE-A OF THIS ARTI-
 CLE 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
 S. 3103                             3
 
   (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
 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.

2023-S3103A - Details

See Assembly Version of this Bill:: A6058
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§71-a & 78, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8923, A10703

2023-S3103A - Summary

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

2023-S3103A - Sponsor Memo

                                 
BILL NUMBER: S3103A

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
PURPOSE:

To address the mental health needs of individuals incarcerated in New
York State, with a particular focus upon addressing psychological trauma
created or exacerbated by incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 names this act "Shawanna's Law (W76337)."

Section 2 amends 1171-A of the corrections law, which requires the
department of corrections and community supervision to develop an indi-
vidualized "transitional accountability plan" for the rehabilitation of

every person put under custody of the department. A new section two
requires mental health services to be included in the inmate's transi-
tional accountability plan. This shall begin within the first week of
admission to a correctional facility. Lays out the minimum specifica-
tions for the plan, to include screening and assessment, and clinical
intervention for trauma associated with incarceration. In the event that
such services are not available at a facility, the inmate will be trans-
ferred to a facility that does have such capacity.

Those who receive intervention for trauma associated with incarceration
shall also receive mental health services, therapeutic programs, family
counseling, housing information, job placement information, and money
management assistance.

The department shall also develop a program for all personnel to provide
them with basic competencies for mental health trauma. The department
shall submit an annual report to the governor and legislature on the
number of inmates screened for mental health and trauma.

Section 3 amends § 78 of the corrections law relating to discharge plans
for inmates, to include completed medicaid enrollment, required medica-
tions sufficient to cover the period of transition, written coordination
between the department and health care providers including the transfer
of health care records. The release plan for those deemed eligible for
intervention regarding trauma associated with incarceration shall be
eligible for further assistance.

Section 4 requires the department of corrections to submit a one-time
report on the state of mental health care within the corrections system,
to governor and legislature by the end of the year.

Section 5 sets the effective date.

 
JUSTIFICATION:

Incarceration can create serious mental health trauma for those
subjected to it. This trauma can serve as an obstacle to successful
re-entry and rehabilitation. By providing necessary mental health
screening and therapy for individuals suffering from trauma related to
incarceration, individuals will stand a better chance at rebuilding
productive and self-reliant lives.

The issue of trauma associated with incarceration has not yet received
sufficient attention. In recent years, some researchers have begun to
analyze issues such as "post-traumatic prison disorder," and to review
the traumas that are unique and distinct to those who have been confined
to carceral settings, like jails, detention centers, and prisons, at the
local, state, or federal level. However, it is undeniable that formerly
incarcerated individuals suffer from trauma.  Carceral environments are
inherently damaging to a person's mental health and can lead to long-
term harms that persist even after release. The effects can range from
anxiety to depression to suicidality. And when left untreated, individ-
uals may develop unhealthy coping mechanisms, including substance use
disorder.

Every year, more than 640,000 people are released from state and federal
prisons. The status of their mental health is a major determinant of
what happens next in their journey. Strengthening familial relation-
ships, maintaining steady employment, and developing productive habits
require a positive mental well-being. Thus, investing in the mental
health of the formerly incarcerated population decreases the risk of
recidivism and bolsters community safety. New York can assist in this
regard by providing appropriate transition supports.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8923

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Ninety days after becoming law.

2023-S3103A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3103--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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.  (A)  MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN AN INCAR-
 CERATED  INDIVIDUAL'S  TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH  MENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02966-02-3

 S. 3103--A                          2
 
 HEALTH  REENTRY SERVICES SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF AN
 INCARCERATED INDIVIDUAL TO  A  CORRECTIONAL  FACILITY.    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.
   (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 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;
 S. 3103--A                          3
 
   (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
 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.

co-Sponsors

2023-S3103B - Details

See Assembly Version of this Bill:: A6058
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§71-a & 78, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8923, A10703

2023-S3103B - Summary

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

2023-S3103B - Sponsor Memo

                                 
BILL NUMBER: S3103B

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
PURPOSE:

To address the mental health needs of individuals incarcerated in New
York State, with a particular focus upon addressing psychological trauma
created or exacerbated by incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 names this act "Shawanna's Law (W76337)."

Section 2 amends 1171-A of the corrections law, which requires the
department of corrections and community supervision to develop an indi-
vidualized "transitional accountability plan" for the rehabilitation of

every person put under custody of the department. A new section two
requires mental health services to be included in the inmate's transi-
tional accountability plan. This shall begin within the first week of
admission to a correctional facility. Lays out the minimum specifica-
tions for the plan, to include screening and assessment, and clinical
intervention for trauma associated with incarceration. In the event that
such services are not available at a facility, the inmate will be trans-
ferred to a facility that does have such capacity.

Those who receive intervention for trauma associated with incarceration
shall also receive mental health services, therapeutic programs, family
counseling, housing information, job placement information, and money
management assistance.

The department shall also develop a program for all personnel to provide
them with basic competencies for mental health trauma. The department
shall submit an annual report to the governor and legislature on the
number of inmates screened for mental health and trauma.

Section 3 amends § 78 of the corrections law relating to discharge plans
for inmates, to include completed medicaid enrollment, required medica-
tions sufficient to cover the period of transition, written coordination
between the department and health care providers including the transfer
of health care records. The release plan for those deemed eligible for
intervention regarding trauma associated with incarceration shall be
eligible for further assistance.

Section 4 requires the department of corrections to submit a one-time
report on the state of mental health care within the corrections system,
to governor and legislature by the end of the year.

Section 5 sets the effective date.

 
JUSTIFICATION:

Incarceration can create serious mental health trauma for those
subjected to it. This trauma can serve as an obstacle to successful
re-entry and rehabilitation. By providing necessary mental health
screening and therapy for individuals suffering from trauma related to
incarceration, individuals will stand a better chance at rebuilding
productive and self-reliant lives.

The issue of trauma associated with incarceration has not yet received
sufficient attention. In recent years, some researchers have begun to
analyze issues such as "post-traumatic prison disorder," and to review
the traumas that are unique and distinct to those who have been confined
to carceral settings, like jails, detention centers, and prisons, at the
local, state, or federal level. However, it is undeniable that formerly
incarcerated individuals suffer from trauma.  Carceral environments are
inherently damaging to a person's mental health and can lead to long-
term harms that persist even after release. The effects can range from
anxiety to depression to suicidality. And when left untreated, individ-
uals may develop unhealthy coping mechanisms, including substance use
disorder.

Every year, more than 640,000 people are released from state and federal
prisons. The status of their mental health is a major determinant of
what happens next in their journey. Strengthening familial relation-
ships, maintaining steady employment, and developing productive habits
require a positive mental well-being. Thus, investing in the mental
health of the formerly incarcerated population decreases the risk of
recidivism and bolsters community safety. New York can assist in this
regard by providing appropriate transition supports.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: 5.8923

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Ninety days after becoming law.

2023-S3103B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3103--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted to said committee -- reported favorably from
   said committee and committed to the Committee on Finance --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02966-04-3
 S. 3103--B                          2

 
 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-
 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;
 S. 3103--B                          3
 
   (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;
   (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.

co-Sponsors

2023-S3103C (ACTIVE) - Details

See Assembly Version of this Bill:: A6058
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§71-a & 78, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8923, A10703

2023-S3103C (ACTIVE) - Summary

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

2023-S3103C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3103C

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
PURPOSE:

To address the mental health needs of individuals incarcerated in New
York State, with a particular focus upon addressing psychological trauma
created or exacerbated by incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 names this act "Shawanna's Law (W76337)."

Section 2 amends 1171-A of the corrections law, which requires the
department of corrections and community supervision to develop an indi-
vidualized "transitional accountability plan" for the rehabilitation of

every person put under custody of the department. A new section two
requires mental health services to be included in the inmate's transi-
tional accountability plan. This shall begin within the first week of
admission to a correctional facility. Lays out the minimum specifica-
tions for the plan, to include screening and assessment, and clinical
intervention for trauma associated with incarceration. In the event that
such services are not available at a facility, the inmate will be trans-
ferred to a facility that does have such capacity.

Those who receive intervention for trauma associated with incarceration
shall also receive mental health services, therapeutic programs, family
counseling, housing information, job placement information, and money
management assistance.  The department shall also develop a program for
all personnel to provide them with basic competencies for mental health
trauma. The department shall submit an annual report to the governor and
legislature on the number of inmates screened for mental health and
trauma.

Section 3 amends § 78 of the corrections law relating to discharge plans
for inmates, to include completed medicaid enrollment, required medica-
tions sufficient to cover the period of transition, written coordination
between the department and health care providers including the transfer
of health care records. The release plan for those deemed eligible for
intervention regarding trauma associated with incarceration shall be
eligible for further assistance.

Section 4 requires the department of corrections to submit a one-time
report on the state of mental health care within the corrections system,
to governor and legislature by the end of the year.

Section 5 sets the effective date.

 
JUSTIFICATION:

Incarceration can create serious mental health trauma for those
subjected to it. This trauma can serve as an obstacle to successful
re-entry and rehabilitation. By providing necessary mental health
screening and therapy for individuals suffering from trauma related to
incarceration, individuals will stand a better chance at rebuilding
productive and self-reliant lives.

The issue of trauma associated with incarceration has not yet received
sufficient attention. In recent years, some researchers have begun to
analyze issues such as "post-traumatic prison disorder," and to review
the traumas that are unique and distinct to those who have been confined
to carceral settings, like jails, detention centers, and prisons, at the
local, state, or federal level. However, it is undeniable that formerly
incarcerated individuals suffer from trauma.  Carceral environments are
inherently damaging to a person's mental health and can lead to long-
term harms that persist even after release. The effects can range from
anxiety to depression to suicidality. And when left untreated, individ-
uals may develop unhealthy coping mechanisms, including substance use
disorder.

Every year, more than 640,000 people are released from state and federal
prisons. The status of their mental health is a major determinant of
what happens next in their journey. Strengthening familial relation-
ships, maintaining steady employment, and developing productive habits
require a positive mental well-being. Thus, investing in the mental
health of the formerly incarcerated population decreases the risk of
recidivism and bolsters community safety. New York can assist in this
regard by providing appropriate transition supports.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8923

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Ninety days after becoming law.

2023-S3103C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3103--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sens. BRISPORT, CLEARE, COONEY, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Crime  Victims,  Crime  and  Correction  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably  from said committee and committed to the
   Committee on Finance -- committee discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Crime Victims, Crime and Correction in  accordance
   with  Senate  Rule  6,  sec.  8 -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02966-06-4

 S. 3103--C                          2
 
 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-
 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
 S. 3103--C                          3
 
 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;
   (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, 2025.
   § 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.

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Senate Bill S3103B

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Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

2023-S3103 - Details

2023-S3103 - Summary

2023-S3103 - Sponsor Memo

2023-S3103 - Bill Text download pdf

2023-S3103A - Details

2023-S3103A - Summary

2023-S3103A - Sponsor Memo

2023-S3103A - Bill Text download pdf

co-Sponsors

Cordell Cleare

Jeremy A. Cooney

Julia Salazar

2023-S3103B - Details

2023-S3103B - Summary

2023-S3103B - Sponsor Memo

2023-S3103B - Bill Text download pdf

co-Sponsors

Cordell Cleare

Jeremy A. Cooney

Julia Salazar

2023-S3103C (ACTIVE) - Details

2023-S3103C (ACTIVE) - Summary

2023-S3103C (ACTIVE) - Sponsor Memo

2023-S3103C (ACTIVE) - Bill Text download pdf

Comments