NY State Senate Bill 2019-S6164A

Senate Bill S6164A

Signed By Governor

2019-2020 Legislative Session

Relates to transfer of patient in mental health facilities to a foreign nation upon request

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 13, 2019	signed chap.306 delivered to governor
Jun 18, 2019	returned to senate passed assembly ordered to third reading rules cal.421 substituted for a8087
Jun 13, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1361 committee discharged and committed to rules
Jun 05, 2019	print number 6164a
Jun 05, 2019	amend and recommit to mental health and developmental disabilities
May 21, 2019	referred to mental health and developmental disabilities

Votes

- Jun 13, 2019 - Floor Vote
  S6164A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 13, 2019 - Rules Committee Vote
  S6164A
  
  17
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2019
      
      aye (17)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (2)
      
      Griffo
      
      Robach

Bill Amendments

Original

A (Active)

2019-S6164 - Details

See Assembly Version of this Bill:: A8087
Law Section:: Mental Hygiene Law
Laws Affected:: Add §67.08, Ment Hyg L

2019-S6164 - Summary

Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.

2019-S6164 - Sponsor Memo

                                
 
BILL NUMBER: S6164

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
patient requests for transfer to a foreign nation pursuant to an inter-
national treaty

 
PURPOSE OF THE BILL:

This bill would add a new Section 67.08 to Article 67 of the Mental
Hygiene Law (MHL) to authorize the commissioner of the Office of Mental
Health (OMH) to approve or disapprove an application made by a Criminal
Procedure Law (CPL) § 330.20 patient in its custody for transfer to a
foreign nation pursuant to the Council of Europe Convention on the
Transfer of Sentenced Persons (COE) or other applicable international
treaty.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides the commissioner (or his or her designee)
the sole authority to approve or disapprove a CPL § 330.20 patient

application for transfer to a foreign nation pursuant to the COE or
other applicable treaty. Under this section, the applicant would need to
have been found not responsible by reason of mental disease or defect
pursuant to CPL § 330.20 in order to be eligible for transfer wider the
COE and must indicate a willingness and desire for such transfer in
writing. If the application is approved by the Commissioner, facility
staff must assist in the preparation and submission to the United States
Department of Justice (USDOJ) of all materials and forms necessary to
effectuate the transfer.

Section 2 of the bill would provide for an immediate effective date.

 
EXISTING LAW:

Correction Law (CL) § 71 provides the Department of Corrections and
Community Supervision (DOCCS) with the authority to approve or disap-
prove the transfer of a sentenced inmate to a foreign treaty nation,
when such inmate requests the transfer. Such approval is necessary to
proceed with a transfer of an individual in state custody pursuant to
the COE, because the USDOJ requires that a competent state authority
must first approve the transfer before it will process and effectuate
the transfer. While DOCCS has such authority pursuant to CL § 71 with
respect to sentenced inmates, OMH does not have the corollary statutory
authority to approve the transfer of CPL § 330.20 patients committed to
OMH custody, although such individuals are otherwise considered by the
USDOJ to be eligible for transfer pursuant to the COE.

 
JUSTIFICATION:

This legislation would enable OMH to approve the transfer applications
of non-citizen CPL § 330.20 patients in OMH custody to psychiatric
facilities in their home countries where they would be better served due
to family proximity, cultural familiarity and lack of language barriers.
OMH currently has two CPL § 330.20 patients in its facilities who have,
along with their family members in their home countries and their
governments, requested transfer pursuant to the COE. OMH, however, has
been unable to approve such transfers due to lack of statutory authority
and the USDOJ has therefore been unable to process such transfers.
 
PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately upon becoming law.

2019-S6164 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6164
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  CARLUCCI  --  (at  request of the Office of Mental
   Health) -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Mental Health and Developmental Disabil-
   ities
 
 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;
 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.

                                                            LBD09190-01-9

 S. 6164                             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.
   § 2. This act shall take effect immediately.

2019-S6164A (ACTIVE) - Details

See Assembly Version of this Bill:: A8087
Law Section:: Mental Hygiene Law
Laws Affected:: Add §67.08, Ment Hyg L

2019-S6164A (ACTIVE) - Summary

2019-S6164A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6164A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
patient requests for transfer to a foreign nation pursuant to an inter-
national treaty

 
PURPOSE OF THE BILL:

This bill would add a new Section 67.08 to Article 67 of the Mental
Hygiene Law (MHL) to authorize the commissioner of the Office of Mental
Health (OMH) to approve or disapprove an application made by a Criminal
Procedure Law (CPL) § 33020 patient in its custody for transfer to a
foreign nation pursuant to the Council of Europe Convention on the
Transfer of Sentenced Persons (COE) or other applicable international
treaty.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides the commissioner (or his or her designee)
the sole authority to approve or disapprove a CPL § 330.20 patient

application for transfer to a foreign nation pursuant to the COE or
other applicable treaty. Under this section, the applicant would need to
have been found not responsible by reason of mental disease or defect
pursuant to CPL § 330.20 in order to be eligible for transfer under the
COE and must indicate a willingness and desire for such transfer in
writing. If the application is approved by the Commissioner, facility
staff must assist in the preparation and submission to the United States
Department of Justice (USDOJ) of all materials and forms necessary to
effectuate the transfer.

Section 2 of the bill would provide for an immediate effective date.

 
EXISTING LAW:

Correction Law (CL) § 71 provides the Department of Corrections and
Community Supervision (DOCCS) with the authority to approve or disap-
prove the transfer of a sentenced inmate to a foreign treaty nation,
when such inmate requests the transfer. Such approval is necessary to
proceed with a transfer of an individual in state custody pursuant to
the COE, because the USDOJ requires that a competent state authority
must first approve the transfer before it will process and effectuate
the transfer. While DOCCS has such authority pursuant to CL § 71 with
respect to sentenced inmates, OMH does not have the corollary statutory
authority to approve the transfer of CPL § 330.20 patients committed to
OMH custody, although such individuals are otherwise considered by the
USDOJ to be eligible for transfer pursuant to the COE.

 
JUSTIFICATION:

This legislation would enable OMH to approve the transfer applications
of non-citizen CPL § 330.20 patients in OMH custody to psychiatric
facilities in their home countries where they would be better served due
to family proximity, cultural familiarity and lack of language barriers.
OMH currently has two CPL § 330.20 patients in its facilities who have,
along with their family members in their home countries and their
governments, requested transfer pursuant to the COE. OMil, however, has
been unable to approve such transfers due to lack of statutory authority
and the USDOJ has therefore been unable to process such transfers.
 
PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately upon becoming law.

2019-S6164A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6164--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  CARLUCCI  --  (at  request of the Office of Mental
   Health) -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Mental Health and Developmental Disabil-
   ities  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee

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

                                                            LBD09190-02-9

 S. 6164--A                          2
 
   (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
 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.

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