Establishes an employee mental health services program for all employees who work for the department of corrections and community supervision and all employees of the office of mental health who deliver services to incarcerated individuals overseen by the department of corrections and community supervision.
S T A T E O F N E W Y O R K
________________________________________________________________________
10275
I N A S S E M B L Y
February 20, 2026
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to employee mental
health services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 30 to
read as follows:
§ 30. MENTAL HEALTH ASSISTANCE PROGRAM. 1. THE SUPERINTENDENT, IN
CONSULTATION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL ESTABLISH AND
MAKE AVAILABLE A CONFIDENTIAL MENTAL HEALTH COUNSELING PROGRAM FOR ALL
EMPLOYEES WHO WORK FOR THE DEPARTMENT AND ALL EMPLOYEES OF THE OFFICE OF
MENTAL HEALTH WHO DELIVER SERVICES TO INCARCERATED INDIVIDUALS OVERSEEN
BY THE DEPARTMENT.
2. THE PROVISIONS OF SUBDIVISION (B) OF SECTION 9.46 OF THE MENTAL
HYGIENE LAW SHALL NOT APPLY TO ANY EMPLOYEE RECEIVING ASSISTANCE PURSU-
ANT TO THIS SECTION, UNLESS THE MENTAL HEALTH PROFESSIONAL COUNSELING
SUCH EMPLOYEE DETERMINES, BASED ON REASONABLE PROFESSIONAL JUDGMENT,
THAT THE EMPLOYEE IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
IMMEDIATE AND SERIOUS HARM TO SELF OR OTHERS IN WHICH INSTANCE THE
MENTAL HEALTH PROFESSIONAL SHALL INFORM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE SUPERINTENDENT AS SOON AS PRACTICABLE AND PROVIDED,
FURTHER, HOWEVER, THAT THE SUPERINTENDENT SHALL BE PROHIBITED FROM
TAKING ANY PUNITIVE ADMINISTRATIVE ACTION AGAINST ANY EMPLOYEE SEEKING
MENTAL HEALTH COUNSELING UNDER THIS SECTION.
3. THE COUNSELING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL
BE FREE OF CHARGE FOR EMPLOYEES AND SHALL BE CONFIDENTIAL IN NATURE
EXCEPT AS OTHERWISE PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
4. ANY MENTAL HEALTH PROFESSIONAL WHO RENDERS TREATMENT TO ANY EMPLOY-
EE ELIGIBLE FOR MENTAL HEALTH COUNSELING UNDER THIS SECTION SHALL BE
PROHIBITED FROM SHARING ANY INFORMATION ABOUT SUCH EMPLOYEE'S TREATMENT
EXCEPT AS OTHERWISE PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION.
§ 2. This act shall take effect January 1, 2027.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14798-02-6
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