S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8087
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by  M.  of A. GUNTHER -- (at request of the Office of Mental
   Health) -- read once and referred to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to patient  requests
   for transfer to a foreign nation pursuant to an international treaty

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 67.08 to read as follows:
 § 67.08 PATIENT TRANSFER TO FOREIGN NATION.
   (A)  THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL HAVE THE SOLE AND
 ABSOLUTE AUTHORITY TO APPROVE OR DISAPPROVE A  PATIENT  APPLICATION  FOR
 TRANSFER  TO  A FOREIGN NATION PURSUANT TO THE COUNCIL OF EUROPE CONVEN-
 TION ON THE TRANSFER OF SENTENCED  PERSONS  (COE)  OR  OTHER  APPLICABLE
 INTERNATIONAL TREATY, WHERE:
   (1)  SUCH APPLICANT HAS BEEN COMMITTED TO AND PLACED IN THE CUSTODY OF
 THE DEPARTMENT UPON A VERDICT OF NOT RESPONSIBLE  BY  REASON  OF  MENTAL
 DISEASE  OR  DEFECT PURSUANT TO SECTION 330.20 OF THE CRIMINAL PROCEDURE
 LAW; 
   (2) SUCH APPLICANT HAS INDICATED A WILLINGNESS AND DESIRE FOR TRANSFER
 TO A FOREIGN NATION IN WRITING ON A FORM PRESCRIBED BY THE  COMMISSIONER
 OR,  THE  COMMISSIONER  AT  THE REQUEST OF A PATIENT'S LEGAL GUARDIAN OR
 ATTORNEY CAN INDICATE A DESIRE FOR TRANSFER IF THE PATIENT IS UNABLE  TO
 INDICATE THEIR WILLINGNESS AND DESIRE ON THEIR OWN; AND
   (3)  THE  TRANSFER NATION IS EITHER A "TREATY NATION" UNDER THE COE OR
 ANY OTHER NATION WITH WHICH THE UNITED STATES HAS  A  PRISONER  TRANSFER
 TREATY  THAT  PERMITS  THE  TRANSFER OF PERSONS COMMITTED TO PSYCHIATRIC
 INSTITUTIONS AFTER A VERDICT OF NOT  RESPONSIBLE  BY  REASON  OF  MENTAL
 DISEASE OR DEFECT.
   (B)  IF A REQUEST FOR TRANSFER IS APPROVED BY THE COMMISSIONER, OR HIS
 OR HER DESIGNEE, FACILITY STAFF SHALL  ASSIST  IN  THE  PREPARATION  AND
 SUBMISSION  OF  ALL  MATERIALS  AND  FORMS  NECESSARY  TO EFFECTUATE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09190-03-9

 A. 8087                             2
 
 PERSON'S REQUEST FOR TRANSFER TO THE UNITED STATES DEPARTMENT OF JUSTICE
 FOR PURPOSES OF  FINALIZATION  OF  THE  TRANSFER  PROCESS,  INCLUDING  A
 VERIFICATION  PROCEEDING  BEFORE  A  UNITED STATES DISTRICT COURT JUDGE,
 UNITED  STATES  MAGISTRATE  OR OTHER APPOINTED UNITED STATES OFFICIAL TO
 ASSURE AND DOCUMENT THE APPLICANT'S VOLUNTARY REQUEST FOR TRANSFER.
   (C) THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  SETTING
 FORTH  THE  PROCEDURES  TO  NOTIFY  PATIENTS AND WHERE APPLICABLE, THEIR
 LEGAL GUARDIAN OR ATTORNEY, OF THEIR RIGHTS UNDER THIS SECTION  AND  THE
 PROCEDURE  BY WHICH A PATIENT MAY APPLY TO BE CONSIDERED FOR TRANSFER TO
 A FOREIGN NATION. NOTHING HEREIN SHALL BE CONSTRUED  TO  CONFER  UPON  A
 PATIENT A RIGHT TO BE TRANSFERRED TO A FOREIGN NATION.
   § 2. This act shall take effect immediately.