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

                                  2189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. LAVINE, LUPARDO, RUSSELL, SCHIMEL, SIMANOWITZ,
  JAFFEE, SKARTADOS, BROOK-KRASNY, BARRETT,  SCARBOROUGH,  COOK,  CLARK,
  BARRON, MOYA, GIBSON -- Multi-Sponsored by -- M. of A. CRESPO, CROUCH,
  CYMBROWITZ,  DUPREY,  JOHNS, KEARNS, MALLIOTAKIS, McDONOUGH, McKEVITT,
  MONTESANO, RAIA -- read once and referred to the Committee  on  Veter-
  ans' Affairs

AN ACT to amend the executive law and the public health law, in relation
  to providing certain benefits to veterans; and to amend the correction
  law, in relation to requiring certain reports relating to veterans

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

  Section 1. Section 353 of the executive law is amended by adding a new
subdivision 21 to read as follows:
  21. TO DEVELOP, IN CONSULTATION WITH THE DEPARTMENT OF MENTAL  HEALTH,
A PROGRAM FOR THE IDENTIFICATION, DIAGNOSIS, COUNSELING AND TREATMENT OF
VETERANS WHO SUFFER FROM POST-TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN
INJURY  AND  OTHER  BRAIN-RELATED INJURIES.   SUCH PROGRAM SHALL INCLUDE
PROCEDURES FOR IDENTIFYING VETERANS WHO MAY NEED ASSISTANCE AND INFORMA-
TION AND OUTREACH TO MAKE  VETERANS  AWARE  OF  AVAILABLE  PROGRAMS  AND
SERVICES.
  S  2.  Subdivision  1  of  section  3803  of the public health law, as
amended by chapter 743 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  There  is hereby created within the department the veterans health
care information program (referred to in this section as the "program"),
which shall provide information on health issues associated  with  mili-
tary  duty,  including  but  not  limited  to  Agent  Orange,  Gulf  War
Syndromes, toxic materials or harmful physical agents such as,  depleted
uranium, and hepatitis C, AND SPECIFIC MENTAL AND PHYSICAL HEALTH ISSUES
INCLUDING  POST-TRAUMATIC  STRESS  DISORDER,  TRAUMATIC BRAIN INJURY AND

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

                                                           LBD06299-01-3

A. 2189                             2

OTHER BRAIN-RELATED INJURIES, for veterans, their surviving spouses  and
health care providers.
  S  3. Subdivision 1 of section 29 of the correction law, as amended by
section 12 of subpart A of part C of chapter 62 of the laws of 2011,  is
amended and a new subdivision 5 is added to read as follows:
  1.  The  department  shall  continue to collect, maintain, and analyze
statistical and other information  and  data  with  respect  to  persons
subject to the jurisdiction of the department, including but not limited
to: (a) the number of such persons: placed in the custody of the depart-
ment,  assigned  to  a  specific  department program, accorded community
supervision and declared delinquent, recommitted to a state correctional
institution upon revocation of community supervision, or discharged upon
maximum expiration  of  sentence;  (b)  the  criminal  history  of  such
persons;  (c)  the  social, educational, and vocational circumstances of
any such persons; [and,] (d) the institutional and community supervision
programs and the behavior of such persons; AND, (E) THE  MILITARY  BACK-
GROUND  AND  CIRCUMSTANCES,  IF  SUCH PERSON SERVED IN THE UNITED STATES
ARMED FORCES.  Provided, however, in the event any statistical  informa-
tion on the ethnic background of the inmate population of a correctional
facility  or facilities is collected by the department, such statistical
information shall contain, but not be limited to, the  following  ethnic
categories:  (i)  Caucasian;  (ii)  Asian;  (iii)  American Indian; (iv)
Afro-American/Black; and (v) Spanish  speaking/Hispanic  which  category
shall  include,  but  not  be  limited  to,  the following subcategories
consisting of: (1) Puerto Ricans; (2) Cubans; (3)  Dominicans;  and  (4)
other Hispanic nationalities.
  5.  THE  COMMISSIONER SHALL REPORT TO THE LEGISLATURE ON THE NUMBER OF
INMATES WHO ARE CURRENTLY SERVING SENTENCES IN STATE CORRECTIONAL FACIL-
ITIES AND ANY LOCAL CORRECTIONAL  FACILITIES  WHO  HAVE  SERVED  IN  THE
UNITED STATES ARMED FORCES. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO  THE FOLLOWING: A BREAKDOWN OF THE NUMBER OF INMATES BY BRANCH OF
SERVICE, TIME PERIOD OF MILITARY SERVICE AND THE TYPE OF  DISCHARGE  THE
INMATE  RECEIVED UPON SEPARATION FROM THE MILITARY. SUCH REPORT SHALL BE
DONE ANNUALLY.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that  any  rules  and  regulations
necessary  for  the  timely  implementation of this act on its effective
date shall be promulgated on or before such date.