Assembly Bill A9421A

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2015-A9421 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4037
2019-2020: A3992
2021-2022: A8260
2023-2024: A7193

2015-A9421 - Summary

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

2015-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.

2015-A9421A (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4037
2019-2020: A3992
2021-2022: A8260
2023-2024: A7193

2015-A9421A (ACTIVE) - Summary

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

2015-A9421A (ACTIVE) - 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.

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