S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5430
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2017
                                ___________
 
 Introduced  by  Sen.  GALLIVAN  --  (at  request of the Office of Mental
   Health) -- 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 local correctional
   facility inmates held in secure facilities operated by the  office  of
   mental health
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 508  of  the  correction  law,  as
 amended  by  chapter  33  of  the  laws  of  2009, is amended to read as
 follows:
   1. A sheriff, in his OR HER discretion, may by  written  order  permit
 inmates  confined  in  a  local correctional facility to receive medical
 diagnosis and treatment in outside  hospitals,  upon  the  determination
 that  such  outside  treatment  and  diagnosis is necessary by reason of
 inadequate facilities  within  the  local  correctional  facility.  Such
 inmates  shall  remain under the jurisdiction and in the custody of said
 sheriff while in a hospital, OTHER THAN A SECURE FACILITY, AS SUCH  TERM
 IS  DEFINED  IN PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION, and said
 sheriff shall enforce proper measures in each case  to  safely  maintain
 such jurisdiction and custody.
   §  2.  Paragraph  a  of subdivision 2 of section 508 of the correction
 law, as amended by chapter 283 of the laws of 2002, such subdivision  as
 renumbered  by  chapter  33  of  the laws of 2009, is amended to read as
 follows:
   a. If a physician to a jail or in case of a vacancy a physician acting
 as such and the warden or jailer certify  in  writing  that  a  prisoner
 confined  in  a jail, either in a civil cause or upon a criminal charge,
 is in such a state of mental health that he OR SHE is in need of  invol-
 untary  care  and  treatment and in their opinion should be removed to a
 psychiatric hospital for treatment, the warden  or  jailer  shall  imme-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10128-01-7

 S. 5430                             2
 
 diately  notify  the  director  who  shall  have  the responsibility for
 providing treatment for such prisoner. If such director  after  examina-
 tion  of the prisoner by an examining physician designated by him OR HER
 shall  determine  that  such prisoner is in need of involuntary care and
 treatment, the director shall file an application  for  the  involuntary
 hospitalization  of such prisoner pursuant to article nine of the mental
 hygiene law in a hospital OR SECURE FACILITY, AS DEFINED IN PARAGRAPH  B
 OF  THIS  SUBDIVISION,  operated  by  the  [department] OFFICE of mental
 [hygiene] HEALTH or in the case of a prisoner confined in a  jail  in  a
 city or county which maintains or operates a general hospital containing
 a  psychiatric prison ward approved by the [department] OFFICE of mental
 [hygiene] HEALTH to such prison ward for care and treatment  or  to  any
 other  psychiatric  hospital  if such prison ward is filled to capacity.
 Such application shall be supported by the certificate of two physicians
 in accordance with the  requirements  of  section  9.27  of  the  mental
 hygiene  law  and thereupon such prisoner shall be admitted forthwith to
 the hospital OR SECURE FACILITY in which such application is filed,  and
 the  procedures  of the mental hygiene law governing the hospitalization
 of such prisoner. The jailer or warden having custody  of  the  prisoner
 shall deliver the prisoner to the hospital OR SECURE FACILITY with which
 the  director  has filed the application. If such jailer or warden shall
 certify that such prisoner has a  mental  illness  which  is  likely  to
 result  in  serious  harm  to  himself or others and for which care in a
 psychiatric hospital is appropriate such jailer or warden  shall  effect
 the  admission  of such prisoner to a hospital OR SECURE FACILITY forth-
 with in accordance with the provisions of section 9.37 or  9.39  of  the
 mental  hygiene  law  and  the  hospital shall admit such prisoner. Upon
 admission of the prisoner, pursuant to  section  9.37  or  9.39  of  the
 mental  hygiene law, the jailer or warden shall notify the director, the
 prisoner's attorney, and his OR HER family, where information about  the
 family is available. While the prisoner is in the hospital, OTHER THAN A
 SECURE  FACILITY, he OR SHE shall remain in the custody under sufficient
 guard of the jailer or warden in charge of the jail from which he OR SHE
 came.  WHEN THE PRISONER IS IN A SECURE FACILITY, THE JAILER  OR  WARDEN
 MAY TRANSFER CUSTODY OF THE INMATE TO THE COMMISSIONER OF MENTAL HEALTH,
 PURSUANT  TO AN AGREEMENT BETWEEN SUCH JAILER OR WARDEN AND SUCH COMMIS-
 SIONER. A prisoner  admitted  to  a  psychiatric  hospital  pursuant  to
 section  9.27, 9.37 or 9.39 of the mental hygiene law may be retained at
 the hospital OR SECURE FACILITY pursuant to the provisions of the mental
 hygiene law until he OR SHE has improved  sufficiently  in  his  OR  HER
 mental  illness  so that hospitalization is no longer necessary or until
 ordered by the court to be returned to the jail  whichever  comes  first
 and  in  either event, the prisoner shall thereupon be returned to jail.
 The cost of the care and treatment of such prisoners in the hospital  OR
 SECURE  FACILITY  shall be defrayed in accordance with the provisions of
 the mental hygiene law in such cases provided.
   From the time of admission of a prisoner  to  a  hospital  under  this
 section  the  retention of such prisoner for care and treatment shall be
 subject to the provisions  for  notice,  hearing,  review  and  judicial
 approval  of  continued  retention  or  transfer and continued retention
 provided by article nine of the mental hygiene law for the admission and
 retention of involuntary patients.
   § 3. Paragraph b of subdivision 2 of section 508 of the correction law
 is amended by adding a new subparagraph (v) to read as follows:
   (V) "SECURE FACILITY" SHALL MEAN A FACILITY OPERATED  OR  LICENSED  BY
 THE OFFICE OF MENTAL HEALTH THAT HAS BEEN APPROVED AND DESIGNATED BY THE

 S. 5430                             3
 
 COMMISSIONER  OF  MENTAL HEALTH TO RECEIVE AND RETAIN PRISONERS PURSUANT
 TO THIS SECTION, BASED UPON A DETERMINATION BY  SUCH  COMMISSIONER  THAT
 THE  PHYSICAL  AND  INTERNAL  SECURITY OF THE FACILITY ARE SUFFICIENT TO
 PROTECT  THE  SAFETY  AND  SECURITY  OF  STAFF AND PERSONS SERVED BY THE
 FACILITY.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.