NY State Senate Bill 2023-S7719

Senate Bill S7719

2023-2024 Legislative Session

Relates to prohibiting county correction officers from dispensing medications to incarcerated individuals on the premises of a local correctional facility

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Oct 20, 2023	referred to rules

co-Sponsors

2023-S7719 (ACTIVE) - Details

See Assembly Version of this Bill:: A9703
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §505, Cor L

2023-S7719 (ACTIVE) - Summary

Prohibits county correction officers from dispensing medications to incarcerated individuals on the premises of a local correctional facility, but corrections officers or staff may dispense or administer medications used for the emergency treatment of known or suspected opioid overdose.

2023-S7719 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7719

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting county
correction officers from dispensing medications to incarcerated individ-
uals on the premises of a local correctional facility

 
PURPOSE:

To prohibit county correction officers from dispensing or administering
medication to incarcerated individuals.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill adds a new subdivision 6 to section 505 of the
Correction Law as it relates to the provision of routine medical,
dental, and mental health services and treatment, prohibiting correction
officers in local correctional facilities from dispensing or administer-
ing medication to incarcerated individuals on the premises of a local
correctional facility except in circumstances where an individual needs

emergency treatment for an opioid overdose.

Section 2 of this bill is the effective date as immediately.

 
JUSTIFICATION:

The current system of medication distribution within New York state's
county-run correctional facilities demands a significant reevaluation
for incarcerated individuals' care and safety. Presently, in nine of the
sixty-two counties throughout the state, correctional officers find
themselves in the unexpected role of dispensing and administering medi-
cations to those in their charge. This includes not only the simple act
of handing out various medications but also overseeing self-injections,
such as those required for insulin treatment, all without any medical
professional supervision or training in medication administration. This
practice is in direct contradiction to the professional code of Correc-
tional Officers, who should primarily focus on facility security.

To rectify this situation, it is imperative to shift the responsibility
of medication distribution to trained medical professionals. Doing so
would ensure that incarcerated individuals receive the healthcare they
deserve from those equipped to provide it, especially in cases involving
injections. Medical professionals possess the necessary expertise to
address health-related inquiries and manage potential crises effec-
tively. Therefore, the proposed bill seeks to prohibit county correc-
tional officers from dispensing medication to incarcerated individuals,
emphasizing the vital need for their care to be overseen by medical
experts. This change is essential to guarantee the safety and well-being
of those in custody, aligning with the principle that incarcerated indi-
viduals should receive healthcare from qualified professionals.

 
LEGISLATIVE HISTORY:

2019-2020: Similar bill S5645  
FISCAL IMPLICATIONS:

 None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7719 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7719
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation  to  prohibiting  county
   correction  officers from dispensing medications to incarcerated indi-
   viduals on the premises of a local correctional facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  505 of the correction law is amended by adding a
 new subdivision 6 to read as follows:
   6. COUNTY CORRECTION OFFICERS IN LOCAL CORRECTIONAL  FACILITIES  SHALL
 NOT  DISPENSE  OR  ADMINISTER MEDICATIONS TO INCARCERATED INDIVIDUALS ON
 THE PREMISES OF A LOCAL CORRECTIONAL FACILITY, AS DEFINED IN SUBDIVISION
 SIXTEEN OF SECTION TWO OF  THIS  CHAPTER.  THIS  SUBDIVISION  SHALL  NOT
 IMPEDE  CORRECTION  OFFICERS  OR  STAFF FROM DISPENSING OR ADMINISTERING
 MEDICATIONS USED FOR THE  EMERGENCY  TREATMENT  OF  KNOWN  OR  SUSPECTED
 OPIOID OVERDOSE.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13138-01-3

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Senate Bill S7719

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Sponsored By

Gustavo Rivera