§ 401-a. Oversight responsibilities of the justice center for the
protection of people with special needs. 1. The justice center for the
protection of people with special needs shall be responsible for
monitoring the quality of mental health care provided to incarcerated
individuals pursuant to article twenty of the executive law. The justice
center shall have direct and immediate access to all areas where state
prisoners are housed, and to clinical and department records relating to
incarcerated individuals' clinical conditions. The justice center shall
maintain the confidentiality of all patient-specific information.

2. The justice center shall monitor the quality of care in residential
mental health treatment programs and shall ensure compliance with
paragraphs (d) and (e) of subdivision six of section one hundred
thirty-seven of this chapter and section four hundred one of this
article. The justice center may recommend to the department and the
office of mental health that incarcerated individuals in segregated
confinement pursuant to subdivision six of section one hundred
thirty-seven of this chapter be evaluated for placement in a residential
mental health treatment unit. It may also recommend ways to further the
goal of diverting and removing incarcerated individuals with serious
mental illness from segregated confinement to residential mental health
treatment units. The justice center shall include in its annual report
to the governor and the legislature pursuant to section five hundred
sixty of the executive law, a description of the state's progress in
complying with this article, which shall be publicly available.

3. The justice center shall appoint an advisory committee on
psychiatric correctional care ("committee"), which shall be composed of
independent mental health experts and mental health advocates, and may
include family members of former incarcerated individuals with serious
mental illness. Such committee shall advise the justice center on its
oversight responsibilities pursuant to this section. The committee may
also make recommendations to the justice center regarding improvements
to prison-based mental health care. Nothing in this subdivision shall be
deemed to authorize members of the committee to have access to a
correctional or mental hygiene facility or any part of such a facility.
Provided, however, newly appointed members of the advisory committee
shall be provided with a tour of a segregated confinement unit and a
residential mental health treatment unit, as selected by the
commissioner. Any such tour shall be arranged on a date and at a time
selected by the commissioner and upon such terms and conditions as are
within the sole discretion of the commissioner.

4. The justice center shall assess the department's compliance with
the provisions of sections two, one hundred thirty-seven, and one
hundred thirty-eight of this chapter relating to segregated confinement
and residential rehabilitation units and shall issue a public report, no
less than annually, with recommendations to the department and
legislature, regarding all aspects of segregated confinement and
residential rehabilitation units in state correctional facilities
including but not limited to policies and practices concerning: (a)
placement of persons in segregated confinement and residential
rehabilitation units; (b) special populations; (c) length of time spent
in such units; (d) hearings and procedures; (e) programs, treatment and
conditions of confinement in such units; and (f) assessments and
rehabilitation plans, procedures and discharge determinations.