Assembly Bill A5008B

Signed By Governor
2013-2014 Legislative Session

Authorizes county and regional correctional institutions to provide medical services to minor inmates serving a definite sentence of imprisonment

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Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2013-A5008 - Details

See Senate Version of this Bill:
S5426
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; amd §500, Cor L

2013-A5008 - Summary

Authorizes 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.

2013-A5008 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5008

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  authorizing  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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2.  (A)  Definite  sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  (B)  THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS
OF AGE TO THE COUNTY OR REGIONAL CORRECTIONAL INSTITUTION SHALL  INQUIRE
AS  TO  WHETHER THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRES-
ENT, WILL GRANT TO THE MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL,
DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT.
  (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, WHERE THE COURT
COMMITS A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE TO THE  CUSTODY
OF  THE  COUNTY  OR REGIONAL CORRECTIONAL INSTITUTION IN ACCORDANCE WITH
THIS SECTION OR AS A PRETRIAL DETAINEE AND NO MEDICAL CONSENT  HAS  BEEN
OBTAINED  PRIOR TO SAID COMMITMENT, THE COMMITMENT ORDER SHALL BE DEEMED
TO GRANT THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL  AND  MENTAL
HEALTH SERVICES AND TREATMENT TO THE PERSON SO COMMITTED.
  (D) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR-
DIAN  OF  AN  INMATE  WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM MAKING A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07027-02-3
              

2013-A5008A - Details

See Senate Version of this Bill:
S5426
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; amd §500, Cor L

2013-A5008A - Summary

Authorizes 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.

2013-A5008A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5008--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred 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:

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. (A) Definite sentence. Except as provided in  subdivision  four  of
this  section,  when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional  correctional
institution  for  the term of his sentence and until released in accord-
ance with the law.
  (B) THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN  YEARS
OF  AGE  TO  THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE AS TO WHETHER
THE PARENTS OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT,  WILL  GRANT
TO  THE  MINOR  THE  CAPACITY  TO CONSENT TO ROUTINE MEDICAL, DENTAL AND
MENTAL HEALTH SERVICES AND TREATMENT.
  S 2. Section 140 of the correction law is amended by adding three  new
subdivisions 5, 6 and 7 to read as follows:
  5.  NOTWITHSTANDING  PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 70.20
OF THE PENAL LAW, WHERE THE COURT COMMITS A DEFENDANT  WHO  IS  NOT  YET
EIGHTEEN  YEARS OF AGE TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILITY
IN ACCORDANCE WITH SECTION 70.02 OF THE  PENAL  LAW  OR  AS  A  PRETRIAL
DETAINEE  AND NO MEDICAL CONSENT HAS BEEN OBTAINED PRIOR TO SAID COMMIT-
MENT, THE COMMITMENT ORDER SHALL BE DEEMED  TO  GRANT  THE  CAPACITY  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07027-03-3

              

2013-A5008B (ACTIVE) - Details

See Senate Version of this Bill:
S5426
Law Section:
Penal Law
Laws Affected:
Amd §70.20, Pen L; amd §500, Cor L

2013-A5008B (ACTIVE) - Summary

Authorizes 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.

2013-A5008B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5008--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended  and recommitted to said committee -- reference changed to the
  Committee on Correction -- 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:

  Section 1. Subdivision 2 of section 70.20 of the penal law, as amended
by section 124 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2.  (A)  Definite  sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is  imposed,  the
court  shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released  in  accord-
ance with the law.
  (B)  THE COURT IN COMMITTING A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS
OF AGE TO THE LOCAL CORRECTIONAL FACILITY SHALL INQUIRE  AS  TO  WHETHER
THE  PARENTS  OR LEGAL GUARDIAN OF THE DEFENDANT, IF PRESENT, WILL GRANT
TO THE MINOR THE CAPACITY TO CONSENT  TO  ROUTINE  MEDICAL,  DENTAL  AND
MENTAL HEALTH SERVICES AND TREATMENT.
  (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUAR-
DIAN  OF  AN  INMATE  WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM MAKING A
MOTION ON NOTICE TO THE LOCAL CORRECTION FACILITY  PURSUANT  TO  ARTICLE
TWENTY-TWO  OF  THE CIVIL PRACTICE LAW AND RULES AND SECTION ONE HUNDRED
FORTY OF THE CORRECTION LAW, OBJECTING TO  ROUTINE  MEDICAL,  DENTAL  OR
MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER
THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07027-04-3
              

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