NY State Senate Bill 2025-S6335

Senate Bill S6335

2025-2026 Legislative Session

Conforms the definition of an incarcerated individual with a serious mental illness to the definition of "person with a serious mental illness" in the mental hygiene law

download bill text pdf

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
Mar 11, 2025	referred to crime victims, crime and correction

2025-S6335 (ACTIVE) - Details

See Assembly Version of this Bill:: A3102
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9559
2017-2018: S8750, A3206
2019-2020: S2690, A4507
2021-2022: S2144, A2441
2023-2024: S4621, A1300

2025-S6335 (ACTIVE) - Summary

Conforms the definition of an incarcerated individual with a serious mental illness to the definition of "person with a serious mental illness" in the mental hygiene law.

2025-S6335 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6335

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to incarcerated individ-
uals with a serious mental illness

 
PURPOSE:

The purpose of this legislation is to change the definition of serious
mental illness in the correction law to match the definition of a seri-
ous mental illness as found in the mental hygiene law.

 
SUMMARY OF PROVISIONS:

Section 1: Amends 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.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

The Office of Mental Health provides mental health services for inmates
incarcerated in DOCCS facilities. Mental units within prisons are
considered satellite units of OMH under the commissioner of OMH.For
simplicity and consistency, the definition of serious mental illness
should be the same throughout the state no matter where OMH is operat-
ing. As the practice and understanding of psychiatry and psychology
change, the list compiled during the negotiations in a settlement agree-
ment that was codified into law should not outweigh professional opin-
ions and diagnoses of mental illness. Additionally, inmates who are
seriously mentally ill under the State's accepted definition of such
mental illness should not be placed in solitary confinement because of
the limitations of a statute in the correction law.

 
FISCAL IMPLICATIONS:

Minimal.

 
LEGISLATIVE HISTORY:

S.4621 of 2023-2024: Passed Both Houses, Returned to Senate; Vetoed.

S.2144 of 2022, Passed Both Houses, Returned to Assembly. Vetoed

S.2144 of 2021, Referred to Crime Victims, Crime and Correction;

S.2690 of 2020, Referred to Crime Victims, Crime and Correction;

S.2690 of 2019, Advanced to Third Reading;

S.8750 of 2018, Passed Assembly, Referred to Crime Victims, Crime and
Correction;

A.3206 of 2017, Advanced to Third Reading, Cal 333; A.9559 of 2016,
Passed the Assembly

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S6335 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6335
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 incarcerated individ-
   uals with a serious mental illness
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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, 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  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]  SUCH INCARCERATED INDIVIDUAL IS A
 PERSON WITH A SERIOUS MENTAL ILLNESS, AS DEFINED IN  SUBDIVISION  FIFTY-
 TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   §  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.
                                                            LBD06492-01-5

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