S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8192
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to the removal of incar-
   cerated individuals 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 separately amended by chapters 93 and  322
 of the laws of 2021, 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 incarcerated individuals WHO AT ANY TIME
 HAVE BEEN DIAGNOSED with A serious mental illness, as defined in SUBPAR-
 AGRAPHS (I), (III), (IV) AND (V) OF paragraph (e) of  this  subdivision,
 from  segregated  confinement  or confinement in a residential rehabili-
 tation unit, 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  regu-
 lations for disciplinary hearings.
   §  2.  Subparagraph (i) of paragraph e of subdivision 6 of section 137
 of the correction law, as amended by chapter 322 of the laws of 2021, 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 incarcerated
 individual'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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01485-01-3
 A. 8192                             2
              

 
 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,
   (D) schizoaffective disorder,
   (E) brief psychotic disorder,
   (F)  substance-induced  psychotic disorder (excluding intoxication and
 withdrawal),
   (G) psychotic disorder not otherwise specified,
   (H) major depressive disorders, or
   (I) bipolar disorder I and II;
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.