Bill Text: NY S05426 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes county and regional correctional institutions to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-18 - SUBSTITUTED BY A5008B [S05426 Detail]

Download: New_York-2013-S05426-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5426--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the penal law and the correction law, in relation to
         authorizing local correctional facilities to provide medical  services
         to minor inmates in the absence of the consent of a parent or guardian
         when a definite sentence of imprisonment has been imposed
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
    2  by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
    3  is amended to read as follows:
    4    2. (A) Definite sentence. Except as provided in  subdivision  four  of
    5  this  section,  when a definite sentence of imprisonment is imposed, the
    6  court shall commit the defendant to the county or regional  correctional
    7  institution  for  the term of his sentence and until released in accord-
    8  ance with the law.
    9    (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN  YEARS
   10  OF  AGE  TO  THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER
   11  THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT,  WILL  GRANT
   12  TO  THE  MINOR  THE  CAPACITY  TO CONSENT TO ROUTINE MEDICAL, DENTAL AND
   13  MENTAL HEALTH SERVICES AND TREATMENT.
   14    (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR-
   15  DIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF  AGE  FROM  MAKING  A
   16  MOTION  ON  NOTICE  TO THE LOCAL CORRECTION FACILITY PURSUANT TO ARTICLE
   17  TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND SECTION  ONE  HUNDRED
   18  FORTY  OF  THE  CORRECTION  LAW, OBJECTING TO ROUTINE MEDICAL, DENTAL OR
   19  MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER
   20  THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11103-02-3
       S. 5426--A                          2
    1    S 2. The correction law is amended by adding a new section 505 to read
    2  as follows:
    3    S 505. PROVISION OF ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES
    4  AND  TREATMENT.  1. WHERE AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE
    5  HAS BEEN COMMITTED TO THE CUSTODY OF THE  SHERIFF  OR  OTHER  PERSON  IN
    6  CHARGE  OF A LOCAL CORRECTIONAL FACILITY AND NO MEDICAL CONSENT HAS BEEN
    7  OBTAINED PRIOR TO COMMITMENT, THE COMMITMENT ORDER SHALL  BE  DEEMED  TO
    8  GRANT  TO  THE  MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL
    9  AND MENTAL HEALTH SERVICES AND TREATMENT TO HIMSELF OR HERSELF.
   10    2. SUBJECT TO THE REGULATIONS OF THE  DEPARTMENT  OF  HEALTH,  ROUTINE
   11  MEDICAL,  DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT IS DEFINED FOR
   12  THE PURPOSES OF THIS SECTION TO MEAN ANY ROUTINE DIAGNOSIS OR TREATMENT,
   13  INCLUDING WITHOUT LIMITATION THE ADMINISTRATION OF MEDICATIONS OR NUTRI-
   14  TION, THE EXTRACTION OF BODILY FLUIDS  FOR  ANALYSIS,  AND  DENTAL  CARE
   15  PERFORMED WITH A LOCAL ANESTHETIC. ROUTINE MENTAL HEALTH TREATMENT SHALL
   16  NOT  INCLUDE  PSYCHIATRIC ADMINISTRATION OF MEDICATION UNLESS IT IS PART
   17  OF AN ONGOING MENTAL HEALTH PLAN OR UNLESS IT IS OTHERWISE AUTHORIZED BY
   18  LAW.
   19    3. (A) AT ANY TIME PRIOR TO THE DATE THE INMATE BECOMES EIGHTEEN YEARS
   20  OF AGE, THE INMATE'S  PARENT  OR  LEGAL  GUARDIAN  MAY  INSTITUTE  LEGAL
   21  PROCEEDINGS  PURSUANT TO SECTION 70.20 OF THE PENAL LAW OBJECTING TO THE
   22  PROVISION OF ROUTINE MEDICAL,  DENTAL  OR  MENTAL  HEALTH  SERVICES  AND
   23  TREATMENT BEING PROVIDED TO THE INMATE.
   24    (B)  A  NOTICE OF MOTION SHALL BE SERVED ON THE INMATE AND THE SHERIFF
   25  OR OTHER PERSON IN CHARGE OF THE LOCAL CORRECTIONAL  FACILITY  NOT  LESS
   26  THAN  SEVEN  DAYS  PRIOR TO THE RETURN DATE OF THE MOTION. THE PERSON ON
   27  WHOM THE NOTICE OF MOTION IS SERVED SHALL ANSWER  THE  MOTION  NOT  LESS
   28  THAN TWO DAYS BEFORE THE RETURN DATE. ON EXAMINING THE MOTION AND ANSWER
   29  AND, IN ITS DISCRETION, AFTER HEARING ARGUMENT, THE COURT SHALL ENTER AN
   30  ORDER, GRANTING OR DENYING THE MOTION.
   31    4. NOTHING IN THIS SECTION SHALL PRECLUDE AN INMATE FROM CONSENTING ON
   32  HIS  OR  HER OWN BEHALF TO ANY MEDICAL, DENTAL OR MENTAL HEALTH SERVICES
   33  AND TREATMENT WHERE OTHERWISE AUTHORIZED BY LAW TO DO SO.
   34    S 3. This act shall take effect immediately.