S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10703
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law,  in  relation  to  requiring  mental
   health services for incarcerated individuals with post-traumatic pris-
   on disorder
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Post-traumatic prison disorder Shawanna W76337 act".
   §  2. Section 71-a of the correction law, as amended by chapter 322 of
 the laws of 2021, is amended to read as follows:
   § 71-a. Transitional accountability plan.  1.  Upon  admission  of  an
 incarcerated individual committed to the custody of the department under
 an indeterminate or determinate sentence of imprisonment, the department
 shall  develop  a transitional accountability plan. Such plan shall be a
 comprehensive, dynamic and individualized case management plan based  on
 the  programming and treatment needs of the incarcerated individual. The
 purpose of such plan shall be  to  promote  the  rehabilitation  of  the
 incarcerated  individual and their successful and productive reentry and
 reintegration into society upon release. To that end, such plan shall be
 used to prioritize programming and treatment services for the  incarcer-
 ated  individual during incarceration and any period of community super-
 vision. The commissioner may consult with the office of  mental  health,
 the  office  of  [alcoholism and substance abuse] ADDICTION services AND
 SUPPORTS, the board of parole,  the  department  of  health,  and  other
 appropriate  agencies in the development of transitional case management
 plans.
   2. (A) MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN  AN  INCAR-
 CERATED  INDIVIDUAL'S  TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH  MENTAL
 HEALTH REENTRY SERVICES SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF  AN
 INCARCERATED  INDIVIDUAL  TO  A  CORRECTIONAL  FACILITY.   MENTAL HEALTH
 REENTRY SERVICES SHALL INCLUDE, BUT NOT BE LIMITED  TO:  (I)  BEHAVIORAL
 HEALTH  SCREENING  AND  ASSESSMENT; (II) CLINICAL INTERVENTION FOR POST-
 TRAUMATIC PRISON DISORDER; (III) MENTAL  HEALTH  AND  TRAUMA  SCREENINGS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14378-01-2
 A. 10703                            2
 
 WITHIN  SIXTY  DAYS OF BEING COMMITTED TO THE CUSTODY OF THE DEPARTMENT.
 WHERE AN INCARCERATED INDIVIDUAL  WOULD  BENEFIT  FROM  TRAUMA  ORIENTED
 THERAPY,  THE  MENTAL  HEALTH  REENTRY  SERVICES  SHALL  INCLUDE  TRAUMA
 ORIENTED  THERAPY.  IF AN INCARCERATED INDIVIDUAL IS AT A FACILITY WHICH
 CANNOT PROVIDE PROPER MENTAL HEALTH REENTRY SERVICES TO THE INCARCERATED
 INDIVIDUAL, THE INCARCERATED  INDIVIDUAL  SHALL  BE  TRANSFERRED  WITHIN
 SEVEN  DAYS  TO A FACILITY WITH THE CAPACITY TO PROVIDE THE INCARCERATED
 INDIVIDUAL WITH HIS OR HER PROPER MENTAL HEALTH REENTRY SERVICES.
   (B) A REGISTERED ORGANIZATION OR REPRESENTATIVE  WHO  PROVIDES  MENTAL
 HEALTH  REENTRY  SERVICES SHALL BE AN OUTSIDE VENDOR WHO EMPLOYS OR IS A
 REGISTERED THERAPIST, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL WORKER OR NURSE
 WHO SPECIALIZES IN TRAUMA AND UTILIZES CULTURALLY SENSITIVE TECHNIQUES.
   3. THE DEPARTMENT SHALL INVEST, DEVELOP AND ADOPT POLICIES AND  PROCE-
 DURES TO CREATE TRAINING FOR ALL PRISON PERSONNEL FOR BASIC COMPETENCIES
 IN MENTAL HEALTH TRAUMA AS A RESULT OF POST-TRAUMATIC PRISON DISORDER.
   4. THE DEPARTMENT SHALL SUBMIT A REPORT INCLUDING, BUT NOT LIMITED TO,
 THE  NUMBER  OF  INCARCERATED INDIVIDUALS SCREENED FOR MENTAL HEALTH AND
 TRAUMA AND THE NUMBER OF INCARCERATED INDIVIDUALS RECEIVING  THERAPY  OR
 CLINICAL  INTERVENTION WITH INFORMATION ON THE TYPES OF THERAPY OR CLIN-
 ICAL INTERVENTION SUCH INCARCERATED INDIVIDUALS  ARE  RECEIVING  TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
 ASSEMBLY NO LATER THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
   § 3. Section 78 of the correction law, as added  by  section  81-b  of
 part  WWW  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   § 78. Discharge plans. (A) The department, in  consultation  with  the
 office  of  children  and family services, shall provide discharge plans
 for juvenile offenders and adolescent  offenders  who  are  released  to
 parole  or post-release supervision, which are tailored to address their
 individual needs. Such plans shall include services designed to  promote
 public  safety and the successful and productive reentry of such adoles-
 cents into society.
   (B) THE DEPARTMENT SHALL PROVIDE DISCHARGE PLANS FOR ALL  INCARCERATED
 INDIVIDUALS  WHICH ARE TAILORED TO ADDRESS THE INCARCERATED INDIVIDUAL'S
 INDIVIDUAL NEEDS  UPON  REENTRY  AND  REINTEGRATION  INTO  SOCIETY  UPON
 RELEASE. SUCH DISCHARGE PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) COMPLETED MEDICAID ENROLLMENT, IF ELIGIBLE;
   (II)  MEDICATIONS  SUFFICIENT  TO ALLOW THE INCARCERATED INDIVIDUAL TO
 TRANSITION TO A POST-RELEASE LOCATION; AND
   (III) WRITTEN COORDINATION BETWEEN  THE  DEPARTMENT  AND  HEALTH  CARE
 PROVIDERS INCLUDING, BUT NOT LIMITED TO, THE TRANSFER OF PATIENT RECORDS
 TO A HEALTH CARE PROVIDER FOR THE SERVICE OF THE RELEASEE.
   (C)  AN INCARCERATED INDIVIDUAL WHO RECEIVES CLINICAL INTERVENTION FOR
 POST-TRAUMATIC PRISON DISORDER UNDER SECTION SEVENTY-ONE-A OF THIS ARTI-
 CLE SHALL RECEIVE THE FOLLOWING  UPON  REENTRY  AND  REINTEGRATION  INTO
 SOCIETY UPON RELEASE:
   (I) MENTAL HEALTH SERVICES;
   (II)  THERAPEUTIC  PROGRAMS  INCLUDING  NONTRADITIONAL  THERAPIES LIKE
 YOGA, MEDITATION, AND PHYSICAL THERAPY;
   (III) FAMILY COUNSELING;
   (IV) HOUSING INFORMATION;
   (V) JOB PLACEMENT INFORMATION; AND
   (VI) MONEY MANAGEMENT ASSISTANCE.
   § 4. The department of corrections  and  community  supervision  shall
 submit  a  report  on  the  state  of mental health care services in the
 corrections system, including local jails, which shall include, but  not
 A. 10703                            3
 
 be  limited  to,  an  assessment  of  the  degree  to  which the federal
 substance abuse and mental health services administration's guidance for
 trauma-informed approach to mental health has been  implemented  to  the
 governor,  the temporary president of the senate, and the speaker of the
 assembly no later than December thirty-first, two thousand twenty-two.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.