Senate Bill S5123

2025-2026 Legislative Session

Provides an incarcerated individual time for mental health services

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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2025-S5123 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§140 & 505, Cor L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4114
2023-2024: S5584

2025-S5123 (ACTIVE) - Summary

Provides that, to the extent practicable, any incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.

2025-S5123 (ACTIVE) - Sponsor Memo

2025-S5123 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5123
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 providing an incar-
   cerated individual time for mental health services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 140 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   4.  Nothing  in this section shall preclude an incarcerated individual
 from consenting on [his or her] THEIR own behalf to any medical,  dental
 or mental health service and treatment where otherwise authorized by law
 to  do so. TO THE EXTENT PRACTICABLE, ANY INCARCERATED INDIVIDUAL WHO IS
 RECEIVING MENTAL HEALTH SERVICES OR PARTICIPATING IN  A  PROGRAM  ESTAB-
 LISHED  PURSUANT  TO  SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT
 HAVE THE TIME SPENT PARTICIPATING IN  SUCH  MENTAL  HEALTH  SERVICES  OR
 PROGRAMS  DEDUCTED  FROM ANY OTHER ACTIVITY TIME SUCH INCARCERATED INDI-
 VIDUAL RECEIVES. ACTIVITY TIME SHALL INCLUDE BUT NOT BE LIMITED  TO  THE
 TIME  ALLOWED FOR: EXERCISE, MEALS, VISITS, EDUCATIONAL PROGRAMS AND ANY
 OTHER ACTIVITY OR PROGRAM TIME AN INCARCERATED INDIVIDUAL RECEIVES.
   § 2. Subdivision 4 of section 505 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4. Nothing in this section shall preclude an  incarcerated  individual
 from  consenting on [his or her] THEIR own behalf to any medical, dental
 or mental health services and treatment where  otherwise  authorized  by
 law to do so. TO THE EXTENT PRACTICABLE, ANY INCARCERATED INDIVIDUAL WHO
 IS RECEIVING MENTAL HEALTH SERVICES OR PARTICIPATING IN A PROGRAM ESTAB-
 LISHED  PURSUANT  TO  SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT
 HAVE THE TIME SPENT PARTICIPATING IN  SUCH  MENTAL  HEALTH  SERVICES  OR
 PROGRAMS  DEDUCTED  FROM ANY OTHER ACTIVITY TIME SUCH INCARCERATED INDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06001-01-5

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