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

New York Senate Bill 5426 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5426
                              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
       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    S  2. Section 140 of the correction law is amended by adding three new
   15  subdivisions 5, 6 and 7 to read as follows:
   16    5. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  70.20
   17  OF  THE  PENAL  LAW,  WHERE THE COURT COMMITS A DEFENDANT WHO IS NOT YET
   18  EIGHTEEN YEARS OF AGE TO THE CUSTODY OF THE LOCAL CORRECTIONAL  FACILITY
   19  IN  ACCORDANCE  WITH  SECTION  70.02  OF  THE PENAL LAW OR AS A PRETRIAL
   20  DETAINEE AND NO MEDICAL CONSENT HAS BEEN OBTAINED PRIOR TO SAID  COMMIT-
   21  MENT,  THE  COMMITMENT  ORDER  SHALL  BE DEEMED TO GRANT THE CAPACITY TO
   22  CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREAT-
   23  MENT TO THE PERSON SO COMMITTED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11103-01-3
       S. 5426                             2
    1    6. NOTHING IN SUBDIVISION FIVE OF THIS SECTION SHALL PRECLUDE A PARENT
    2  OR LEGAL GUARDIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM
    3  MAKING A MOTION ON NOTICE TO THE LOCAL CORRECTIONAL FACILITY PURSUANT TO
    4  ARTICLE TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND THIS SECTION,
    5  OBJECTING  TO  ROUTINE  MEDICAL,  DENTAL  OR  MENTAL HEALTH SERVICES AND
    6  TREATMENT BEING PROVIDED TO SUCH INMATE UNDER THE  PROVISIONS  OF  PARA-
    7  GRAPH (B) OF SUBDIVISION TWO OF SECTION 70.20 OF THE PENAL LAW.
    8    7.  NOTHING  IN  SUBDIVISION FIVE OR SIX OF THIS SECTION SHALL REQUIRE
    9  THAT CONSENT BE OBTAINED FROM THE PARENT OR  LEGAL  GUARDIAN,  WHERE  NO
   10  CONSENT  IS  NECESSARY  OR  WHERE  THE DEFENDANT IS AUTHORIZED BY LAW TO
   11  CONSENT ON HIS OR HER OWN BEHALF TO  ANY  MEDICAL,  DENTAL,  AND  MENTAL
   12  HEALTH SERVICE OR TREATMENT.
   13    S  3.  Section  500-c of the correction law is amended by adding a new
   14  subdivision 4-a to read as follows:
   15    4-A.  WHEN A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE IS COMMIT-
   16  TED TO A LOCAL CORRECTIONAL FACILITY PURSUANT TO SECTION  70.20  OF  THE
   17  PENAL  LAW  OR  AS  A  PRETRIAL  DETAINEE, THE COMMITMENT ORDER SHALL BE
   18  DEEMED TO GRANT THE CAPACITY TO CONSENT TO ROUTINE MEDICAL,  DENTAL  AND
   19  MENTAL HEALTH SERVICES AND TREATMENT TO THE PERSON SO COMMITTED. NOTHING
   20  IN  THIS  SUBDIVISION  SHALL  PRECLUDE  A PARENT OR LEGAL GUARDIAN OF AN
   21  INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE  FROM  MAKING  A  MOTION  ON
   22  NOTICE TO THE LOCAL CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-TWO
   23  OF  THE  CIVIL  PRACTICE  LAW AND RULES AND SECTION ONE HUNDRED FORTY OF
   24  THIS CHAPTER, OBJECTING TO ROUTINE  MEDICAL,  DENTAL  OR  MENTAL  HEALTH
   25  SERVICES  AND  TREATMENT  BEING PROVIDED TO SUCH INMATE. NOTHING IN THIS
   26  SUBDIVISION SHALL REQUIRE THAT CONSENT BE OBTAINED FROM  THE  PARENT  OR
   27  LEGAL  GUARDIAN, WHERE NO CONSENT IS NECESSARY OR WHERE THE DEFENDANT IS
   28  AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF  TO  ANY  MEDICAL,
   29  DENTAL, AND MENTAL HEALTH SERVICE OR TREATMENT.
   30    S  4.  This act shall take effect immediately; provided, however, that
   31  the amendment to section 500-c of the correction  law  made  by  section
   32  three  of this act shall not affect the repeal of such section and shall
   33  expire and be deemed repealed therewith.