S T A T E O F N E W Y O R K
________________________________________________________________________
5941
2025-2026 Regular Sessions
I N A S S E M B L Y
February 25, 2025
___________
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 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 AN incarcerated [individuals] INDIVIDUAL
WHO AT ANY TIME HAS BEEN DIAGNOSED with A serious mental illness, as
defined in SUBPARAGRAPHS (I), (III), (IV) AND (V) OF paragraph (e) of
this subdivision, from segregated confinement or confinement in a resi-
dential rehabilitation 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 regulations for disciplinary hearings.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10073-01-5
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