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Senate Bill S9916

2025-2026 Legislative Session

Relates to employee mental health services

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Current Bill Status - In Assembly Committee

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2025-S9916 (ACTIVE) - Details

See Assembly Version of this Bill:
A10275
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §30, Cor L

2025-S9916 (ACTIVE) - Summary

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.

2025-S9916 (ACTIVE) - Sponsor Memo

2025-S9916 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9916
 
                             I N  S E N A T E
 
                              April 14, 2026
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 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.
              

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