NY State Senate Bill 2023-S231A

Senate Bill S231A

2023-2024 Legislative Session

Relates to persons authorized to visit inmate-patient facilities of the department of mental hygiene

download bill text pdf

Current Bill Status - In Senate Committee Mental Health Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2024	print number 231a
May 07, 2024	amend and recommit to mental health
Jan 03, 2024	referred to mental health
Jan 04, 2023	referred to mental health

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S231 - Details

See Assembly Version of this Bill:: A5853
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §29.27, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8194
2019-2020: S1333
2021-2022: S2269

2023-S231 - Summary

Authorizes the governor and lieutenant-governor, commissioner of general services, secretary of state, comptroller, attorney general, and members of the legislature, provided that such request does not impact upon the department's ability to manage its facilities as determined by the director of the facility, to visit any facility designated by the commissioner of mental health for care and treatment.

2023-S231 - Sponsor Memo

                                 
BILL NUMBER: S231

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to certain persons
authorized to visit inmate-patient facilities

 
PURPOSE:

To authorize New York State legislators and other enumerated officials
to visit facilities operated by the Office of Mental Health for the care
and treatment of inmate-patients, at their pleasure.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes a new section of the mental hygiene
law authorizing certain persons to visit, at will, any OMH facility that
provides care and treatment to inmate-patients.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Members of the New York State Legislature, as well as various other
State level officials and jurists, are authorized, within the statute to
visit Department of Corrections and Community Supervision (DOCCS)
correctional facilities and juvenile justice facilities operated by the
Office of Children and Family Services (OCFS), at their pleasure, with-
out having to obtain permission from the commissioner of such governing
agency.

This legislation will correct a deficiency in the statute by also
permitting the aforementioned officials to visit, at pleasure, inmate-
patient facilities, operated by the Office of Mental Health.  Such
facilities, in part, provide care and treatment to inmates transferred
from DOCCS custody.

Importantly, the oversight responsibility of members of the legislature
and the aforementioned State level officials and jurists, necessitates
the codification of such inmate-patient facility visitation authority,
at pleasure, into the law. Doing so will establish additional super-
vision already afforded to those placed within the custody of DOCCS and
OCFS.

 
LEGISLATIVE HISTORY:

2021-22: S.2269 Referred to Mental Health

2019-20: S.1333/A.4376 Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health

2017-18: S.8194/A.10709 Advanced to 3rd Reading/Referred to Mental
Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

2023-S231 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    231
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  certain  persons
   authorized to visit inmate-patient facilities

   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
 29.27-a to read as follows:
 § 29.27-A PERSONS  AUTHORIZED  TO VISIT INMATE-PATIENT FACILITIES OF THE
             DEPARTMENT.
   THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO  VISIT  AT  PLEASURE  ALL
 INMATE-PATIENT  FACILITIES  OF THE DEPARTMENT: THE GOVERNOR AND LIEUTEN-
 ANT-GOVERNOR, COMMISSIONER OF  GENERAL  SERVICES,  SECRETARY  OF  STATE,
 COMPTROLLER  AND  ATTORNEY  GENERAL,  MEMBERS OF THE LEGISLATURE AND ANY
 EMPLOYEE OF THE INMATE-PATIENT FACILITY AS REQUESTED BY  THE  MEMBER  OF
 THE  LEGISLATURE  IF  THE MEMBER REQUESTS TO BE SO ACCOMPANIED, PROVIDED
 THAT SUCH REQUEST DOES NOT  IMPACT  UPON  THE  DEPARTMENT'S  ABILITY  TO
 MANAGE  ITS  FACILITIES AS DETERMINED BY THE COMMISSIONER, JUDGES OF THE
 COURT OF APPEALS, SUPREME COURT AND COUNTY  JUDGES,  DISTRICT  ATTORNEYS
 AND  COUNTY  SHERIFFS.  NO  OTHER PERSON NOT OTHERWISE AUTHORIZED BY LAW
 SHALL BE PERMITTED TO ENTER AN INMATE-PATIENT FACILITY OF THE DEPARTMENT
 EXCEPT BY AUTHORITY OF THE COMMISSIONER  OF  MENTAL  HEALTH  UNDER  SUCH
 REGULATIONS, AS THE COMMISSIONER SHALL PRESCRIBE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00099-01-3

co-Sponsors

2023-S231A (ACTIVE) - Details

See Assembly Version of this Bill:: A5853
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §29.27, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8194
2019-2020: S1333
2021-2022: S2269

2023-S231A (ACTIVE) - Summary

2023-S231A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S231A

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to certain persons
authorized to visit inmate-patient facilities

 
PURPOSE:

To authorize New York State legislators and other enumerated officials
to visit facilities designated by the commissioner for the care and
treatment of incarcerated individual-patients, at their pleasure.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes a new section of the mental hygiene
law authorizing certain persons to visit any facility that provides care
and treatment to incarcerated individual-patients.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Members of the New York State Legislature, as well as various other
State level officials and jurists, are authorized, within the statute to
visit Department of Corrections and Community Supervision (DOCCS)
correctional facilities and juvenile justice facilities operated by the
Office of Children and Family Services (OCFS), at their pleasure, with-
out having to obtain permission from the commissioner of such governing
agency.

This legislation will correct a deficiency in the statute by also
permitting officials to visit, at pleasure, facilities for the care and
treatment of incarcerated individual-patients facilities. Such facili-
ties, in part, provide care and treatment to inmates transferred from
DOCCS custody.

Importantly, the oversight responsibility of members of the legislature
and the enumerated State level officials, necessitates the codification
of such facility visitation authority, at pleasure, into the law. Doing
so will establish additional supervision already afforded to those
placed within the custody of DOCCS and OCFS.

 
LEGISLATIVE HISTORY:

2021-22: S.2269 Referred to Mental Health
2019-20: S.1333/A.4376 Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health
2017-18: S.8194/A.10709 Advanced to 3rd Reading/Referred to Mental
Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

2023-S231A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  231--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. GALLIVAN, BORRELLO, OBERACKER, RHOADS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Mental Health -- recommitted to the Committee on Mental  Health  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the mental hygiene law, in relation to certain persons
   authorized to visit inmate-patient facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  29.27  of  the  mental hygiene law is amended by
 adding a new subdivision (k) to read as follows:
   (K) THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT AT PLEASURE ANY
 FACILITY DESIGNATED BY THE COMMISSIONER FOR  CARE  AND  TREATMENT  UNDER
 THIS  SECTION,  PROVIDED THAT SUCH PERSONS SHALL MAKE A CONCERTED EFFORT
 TO NOTIFY THE DIRECTOR OF ANY FACILITY, AS SOON AS PRACTICABLE,  THAT  A
 VISIT  WILL OCCUR: THE GOVERNOR AND LIEUTENANT-GOVERNOR, COMMISSIONER OF
 GENERAL SERVICES, SECRETARY OF STATE, COMPTROLLER, ATTORNEY GENERAL, AND
 MEMBERS OF THE LEGISLATURE.  THE DIRECTOR OF A FACILITY SHALL BE AUTHOR-
 IZED TO DENY ANY VISIT, IF THE DIRECTOR DETERMINES THAT THE VISIT  WOULD
 INTERFERE  WITH  THE REGULARLY SCHEDULED THERAPEUTIC ACTIVITIES OR THERE
 WOULD BE AN IMPACT UPON THE ABILITY TO MANAGE SUCH FACILITY.   NO  OTHER
 PERSON  NOT  OTHERWISE  AUTHORIZED  BY LAW SHALL BE PERMITTED TO ENTER A
 FACILITY OF THE OFFICE EXCEPT BY AUTHORITY  OF  THE  COMMISSIONER  UNDER
 SUCH REGULATIONS, AS THE COMMISSIONER SHALL PRESCRIBE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00099-03-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S231A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee

Bill Amendments

co-Sponsors

2023-S231 - Details

2023-S231 - Summary

2023-S231 - Sponsor Memo

2023-S231 - Bill Text download pdf

co-Sponsors

2023-S231A (ACTIVE) - Details

2023-S231A (ACTIVE) - Summary

2023-S231A (ACTIVE) - Sponsor Memo

2023-S231A (ACTIVE) - Bill Text download pdf

Comments