Senate Bill S5584

2023-2024 Legislative Session

Provides an incarcerated individual time for mental health services

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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Bill Amendments

2023-S5584 - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§140 & 505, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S4114

2023-S5584 - Summary

Provides that, to the extent practicable, any incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.

2023-S5584 - Sponsor Memo

2023-S5584 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5584
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to amend the correction law, in relation to providing an incar-
   cerated individual time for mental health services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 140 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   4.  Nothing  in this section shall preclude an incarcerated individual
 from consenting on his or her own  behalf  to  any  medical,  dental  or
 mental health service and treatment where otherwise authorized by law to
 do  so.    ANY  INCARCERATED  INDIVIDUAL  WHO IS RECEIVING MENTAL HEALTH
 SERVICES OR PARTICIPATING IN A PROGRAM ESTABLISHED PURSUANT  TO  SECTION
 FOUR  HUNDRED  ONE OF THIS CHAPTER SHALL NOT HAVE THE TIME SPENT PARTIC-
 IPATING IN SUCH MENTAL HEALTH SERVICES OR  PROGRAMS  DEDUCTED  FROM  ANY
 OTHER ACTIVITY TIME SUCH INCARCERATED INDIVIDUAL RECEIVES. ACTIVITY TIME
 SHALL  INCLUDE  BUT  NOT  BE  LIMITED TO THE TIME ALLOWED FOR: EXERCISE,
 MEALS, VISITS, EDUCATIONAL PROGRAMS AND ANY OTHER  ACTIVITY  OR  PROGRAM
 TIME AN INCARCERATED INDIVIDUAL RECEIVES.
   § 2. Subdivision 4 of section 505 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4.  Nothing  in this section shall preclude an incarcerated individual
 from consenting on his or her own  behalf  to  any  medical,  dental  or
 mental  health  services and treatment where otherwise authorized by law
 to do so.  ANY INCARCERATED INDIVIDUAL WHO IS  RECEIVING  MENTAL  HEALTH
 SERVICES  OR  PARTICIPATING IN A PROGRAM ESTABLISHED PURSUANT TO SECTION
 FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT HAVE THE TIME  SPENT  PARTIC-
 IPATING  IN  SUCH  MENTAL  HEALTH SERVICES OR PROGRAMS DEDUCTED FROM ANY
 OTHER ACTIVITY TIME SUCH INCARCERATED INDIVIDUAL RECEIVES. ACTIVITY TIME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03815-01-3

2023-S5584A (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§140 & 505, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S4114

2023-S5584A (ACTIVE) - Summary

Provides that, to the extent practicable, any incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.

2023-S5584A (ACTIVE) - Sponsor Memo

2023-S5584A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5584--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to amend the correction law, in relation to providing an incar-
   cerated individual time for mental health services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 140 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   4.  Nothing  in this section shall preclude an incarcerated individual
 from consenting on his or her own  behalf  to  any  medical,  dental  or
 mental health service and treatment where otherwise authorized by law to
 do  so.  TO  THE  EXTENT PRACTICABLE, ANY INCARCERATED INDIVIDUAL WHO IS
 RECEIVING MENTAL HEALTH SERVICES OR PARTICIPATING IN  A  PROGRAM  ESTAB-
 LISHED  PURSUANT  TO  SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT
 HAVE THE TIME SPENT PARTICIPATING IN  SUCH  MENTAL  HEALTH  SERVICES  OR
 PROGRAMS  DEDUCTED  FROM ANY OTHER ACTIVITY TIME SUCH INCARCERATED INDI-
 VIDUAL RECEIVES. ACTIVITY TIME SHALL INCLUDE BUT NOT BE LIMITED  TO  THE
 TIME  ALLOWED FOR: EXERCISE, MEALS, VISITS, EDUCATIONAL PROGRAMS AND ANY
 OTHER ACTIVITY OR PROGRAM TIME AN INCARCERATED INDIVIDUAL RECEIVES.
   § 2. Subdivision 4 of section 505 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4. Nothing in this section shall preclude an  incarcerated  individual
 from  consenting  on  his  or  her  own behalf to any medical, dental or
 mental health services and treatment where otherwise authorized  by  law
 to  do so. TO THE EXTENT PRACTICABLE, ANY INCARCERATED INDIVIDUAL WHO IS
 RECEIVING MENTAL HEALTH SERVICES OR PARTICIPATING IN  A  PROGRAM  ESTAB-
 LISHED  PURSUANT  TO  SECTION FOUR HUNDRED ONE OF THIS CHAPTER SHALL NOT
 HAVE THE TIME SPENT PARTICIPATING IN  SUCH  MENTAL  HEALTH  SERVICES  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03815-02-3

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