Bill Text: NY A03992 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 3992 (Prior Session Legislation)

Introduced

Bill Title: Relates to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A03992 Detail]

Download: New_York-2019-A03992-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3992
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of A. WEPRIN, O'DONNELL -- read once and referred to
          the Committee on Correction
        AN ACT to amend the correction  law,  in  relation  to  the  removal  of
          inmates  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:
     1    Section 1. Subparagraph (i) of paragraph d of subdivision 6 of section
     2  137 of the correction law, as added by chapter 1 of the laws of 2008, is
     3  amended to read as follows:
     4    (i)  Except  as  set  forth in clause (E) of subparagraph (ii) of this
     5  paragraph, the department, in consultation  with  mental  health  clini-
     6  cians,  shall  divert  or remove [inmates] an inmate who at any time has
     7  been diagnosed with a serious mental illness,  as  defined  in  subpara-
     8  graphs  (i),  (iii),  (iv) and (v) of paragraph (e) of this subdivision,
     9  from segregated confinement, where such confinement could potentially be
    10  for a period in excess of thirty days, to a  residential  mental  health
    11  treatment  unit.    Nothing in this paragraph shall be deemed to prevent
    12  the disciplinary process from proceeding in accordance  with  department
    13  rules and regulations for disciplinary hearings.
    14    §  2.  Subparagraph (i) of paragraph e of subdivision 6 of section 137
    15  of the correction law, as added by chapter 1 of the  laws  of  2008,  is
    16  amended to read as follows:
    17    (i)  he  or  she  has  [a current diagnosis of, or is diagnosed at the
    18  initial or any  subsequent  assessment  conducted  during  the  inmate's
    19  segregated  confinement  with,]  been  diagnosed at any time with one or
    20  more of the following types of Axis I diagnoses,  as  described  in  the
    21  most  recent  edition of the Diagnostic and Statistical Manual of Mental
    22  Disorders, and such diagnoses shall be  made  based  upon  all  relevant
    23  clinical  factors, including but not limited to symptoms related to such
    24  diagnoses:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07227-01-9

        A. 3992                             2
     1    (A) schizophrenia (all sub-types),
     2    (B) delusional disorder,
     3    (C) schizophreniform disorder,
     4    (D) schizoaffective disorder,
     5    (E) brief psychotic disorder,
     6    (F)  substance-induced  psychotic disorder (excluding intoxication and
     7  withdrawal),
     8    (G) psychotic disorder not otherwise specified,
     9    (H) major depressive disorders, or
    10    (I) bipolar disorder I and II;
    11    § 3. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law.