assembly Bill A9421A

2015-2016 Legislative Session

Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2016 print number 9421a
amend and recommit to ways and means
Mar 22, 2016 reported referred to ways and means
Mar 03, 2016 referred to correction

A9421 - Details

Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L

A9421 - Summary

Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit.

A9421 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9421

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Correction

AN ACT to amend the correction  law,  in  relation  to  the  removal  of
  inmates  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 added by chapter 1 of the laws of 2008, 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 [inmates] AN INMATE WHO AT ANY TIME HAS
BEEN DIAGNOSED with A serious mental illness, as  defined  in  paragraph
(e)  of  this  subdivision,  from  segregated  confinement,  where  such
confinement could potentially be for a period in excess of thirty  days,
to  a  residential  mental health treatment unit.  Nothing in this para-
graph shall be deemed to prevent the disciplinary process from  proceed-
ing in accordance with department rules and regulations for disciplinary
hearings.
  S  2.  Subparagraph (i) of paragraph e of subdivision 6 of section 137
of the correction law, as added by chapter 1 of the  laws  of  2008,  is
amended to read as follows:
  (i)  he  or  she  has  [a current diagnosis of, or is diagnosed at the
initial or any  subsequent  assessment  conducted  during  the  inmate's
segregated  confinement  with,]  BEEN  DIAGNOSED AT ANY TIME WITH one or
more of the following types of Axis I diagnoses,  as  described  in  the
most  recent  edition of the Diagnostic and Statistical Manual of Mental
Disorders, and such diagnoses shall be  made  based  upon  all  relevant
clinical  factors, including but not limited to symptoms related to such
diagnoses:
  (A) schizophrenia (all sub-types),
  (B) delusional disorder,
  (C) schizophreniform disorder,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A9421A - Details

Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L

A9421A - Summary

Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit.

A9421A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9421--A

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Correction -- reported and referred to the  Committee  on
  Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the correction  law,  in  relation  to  the  removal  of
  inmates  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 added by chapter 1 of the laws of 2008, 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 [inmates] AN INMATE WHO AT ANY TIME HAS
BEEN DIAGNOSED with A serious mental illness,  as  defined  in  SUBPARA-
GRAPHS  (I),  (III),  (IV) AND (V) OF paragraph (e) of this subdivision,
from segregated confinement, 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.
  S  2.  Subparagraph (i) of paragraph e of subdivision 6 of section 137
of the correction law, as added by chapter 1 of the  laws  of  2008,  is
amended to read as follows:
  (i)  he  or  she  has  [a current diagnosis of, or is diagnosed at the
initial or any  subsequent  assessment  conducted  during  the  inmate's
segregated  confinement  with,]  BEEN  DIAGNOSED AT ANY TIME WITH one or
more of the following types of Axis I diagnoses,  as  described  in  the
most  recent  edition of the Diagnostic and Statistical Manual of Mental
Disorders, and such diagnoses shall be  made  based  upon  all  relevant
clinical  factors, including but not limited to symptoms related to such
diagnoses:
  (A) schizophrenia (all sub-types),

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

assembly Bill A5132B

2015-2016 Legislative Session

Authorizes the beneficiary of Robert Carballeira to receive an enhanced pension benefit on his behalf

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2016 print number 5132b
amend and recommit to governmental employees
Mar 16, 2016 print number 5132a
amend and recommit to governmental employees
Jan 06, 2016 referred to governmental employees
Feb 12, 2015 referred to governmental employees

A5132 - Details

Law Section:
Suffolk County
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5862A
2011-2012: A5451A
2009-2010: A9083A

A5132 - Summary

Authorizes the beneficiary of Robert Carballeira to receive an enhanced pension benefit on his behalf.

A5132 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5132

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. RAIA -- read once and referred to the Committee
  on Governmental Employees

AN ACT authorizing the beneficiary of Robert Carballeira to  receive  an
  enhanced pension benefit on his behalf

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding section 101 of the  retirement  and  social
security law, the beneficiary of Robert Carballeira, who was a member of
the  New  York state and local employees' retirement system and employed
by the county of Suffolk, now deceased, shall be entitled to  a  benefit
based  on  the total service credit to which he was entitled at the time
of his earlier retirement  on  August  30,  1997  including  all  credit
received  pursuant  to  chapter 41 of the laws of 1997, in addition with
all member service credit earned by him subsequent to his last  restora-
tion to membership on March 1, 2003, if, on or before December 31, 2015,
such beneficiary shall file an application therefor with the state comp-
troller.  Such total service credit to which he was entitled at the time
of his earlier retirement shall be so credited  without  requiring  such
member  to  return  to  the  retirement system with regular interest the
actuarial equivalent of  the  amount  of  the  retirement  allowance  he
received,  and  the  actuarial  equivalent thereof shall not be deducted
from his subsequent retirement allowance.  Such benefit will be recalcu-
lated as of January 15, 2008.  In addition to the  recalculated  benefit
that  the  beneficiary will receive for her lifetime, retroactive to the
pensioner's date of death, the beneficiary will  receive  a  retroactive
payment based on the difference between the recalculated benefit and the
benefit which was paid to Robert Carballeira prior to his death.
  S  2.  All  costs  of implementing the provisions of this act shall be
borne by the county of Suffolk.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07171-02-5

A5132A - Details

Law Section:
Suffolk County
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5862A
2011-2012: A5451A
2009-2010: A9083A

A5132A - Summary

Authorizes the beneficiary of Robert Carballeira to receive an enhanced pension benefit on his behalf.

A5132A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5132--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. RAIA -- read once and referred to the Committee
  on Governmental Employees -- recommitted to the Committee  on  Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT authorizing the beneficiary of Robert Carballeira to  receive  an
  enhanced pension benefit on his behalf

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding section 101 of the  retirement  and  social
security law, the beneficiary of Robert Carballeira, who was a member of
the  New  York state and local employees' retirement system and employed
by the county of Suffolk, now deceased, shall be entitled to  a  benefit
based  on  the total service credit to which he was entitled at the time
of his earlier retirement  on  August  30,  1997  including  all  credit
received  pursuant  to  chapter 41 of the laws of 1997, in addition with
all member service credit earned by him subsequent to his last  restora-
tion to membership on March 1, 2003, if, on or before December 31, 2016,
such beneficiary shall file an application therefor with the state comp-
troller.  Such total service credit to which he was entitled at the time
of his earlier retirement shall be so credited  without  requiring  such
member  to  return  to  the  retirement system with regular interest the
actuarial equivalent of  the  amount  of  the  retirement  allowance  he
received,  and  the  actuarial  equivalent thereof shall not be deducted
from his subsequent retirement allowance.  Such benefit will be recalcu-
lated as of January 15, 2008.  In addition to the  recalculated  benefit
that  the  beneficiary will receive for her lifetime, retroactive to the
pensioner's date of death, the beneficiary will  receive  a  retroactive
payment based on the difference between the recalculated benefit and the
benefit which was paid to Robert Carballeira prior to his death.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07171-05-6

A5132B - Details

Law Section:
Suffolk County
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5862A
2011-2012: A5451A
2009-2010: A9083A

A5132B - Summary

Authorizes the beneficiary of Robert Carballeira to receive an enhanced pension benefit on his behalf.

A5132B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5132--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. RAIA -- read once and referred to the Committee
  on Governmental Employees -- recommitted to the Committee  on  Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted  to  said  committee  --  recommitted  to  the   Committee   on
  Governmental  Employees  in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  authorizing the beneficiary of Robert Carballeira to receive an
  enhanced pension benefit on his behalf

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  section 101 of the retirement and social
security law, the beneficiary of Robert Carballeira, who was a member of
the New York state and local employees' retirement system  and  employed
by  the  county of Suffolk, now deceased, shall be entitled to a benefit
based on the total service credit to which he was entitled at  the  time
of  his  earlier  retirement  on  August  30,  1997 including all credit
received pursuant to chapter 41 of the laws of 1997,  in  addition  with
all  member service credit earned by him subsequent to his last restora-
tion to membership on March 1, 2003, if, on or before December 31, 2016,
such beneficiary shall file an application therefor with the state comp-
troller. Such total service credit to which he was entitled at the  time
of  his  earlier  retirement shall be so credited without requiring such
member to return to the retirement  system  with  regular  interest  the
actuarial  equivalent  of  the  amount  of  the  retirement allowance he
received, and the actuarial equivalent thereof  shall  not  be  deducted
from his subsequent retirement allowance.  Such benefit will be recalcu-
lated  as  of January 15, 2008.  In addition to the recalculated benefit
that the beneficiary will receive for her lifetime, retroactive  to  the
pensioner's  date  of  death, the beneficiary will receive a retroactive

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07171-06-6