Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility where the inmate-patient commits an offense while in the custody of the department.

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S4864-2011 Actions

• Jun 21, 2011: SUBSTITUTED BY A7495
• May 25, 2011: ADVANCED TO THIRD READING
• May 24, 2011: 2ND REPORT CAL.
• May 23, 2011: 1ST REPORT CAL.798
• Apr 27, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S4864-2011 Meetings

Mental Health and Developmental Disabilities: May 23, 2011

S4864-2011 Calendars

Active List: Jun 21, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011

S4864-2011 Votes

S4864-2011 Memo

BILL NUMBER:S4864

TITLE OF BILL:

An act
to amend the mental hygiene law, in relation to the costs of prosecution
of an inmate-patient of a state psychiatric facility

PURPOSE OR GENERAL IDEA OF BILL:

Require the state to reimburse counties for the costs associated with
the prosecution of offenses alleged to have been committed by
inmate-patients who were committed from state correctional facilities
while those inmate-patients were in the custody of the Office of
Mental Health.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation would create a new section 29.28 of the Mental
Hygiene Law. Section 29.28 requires the state to reimburse counties
for all reasonable costs associated with the prosecution of an
offense alleged to have been committed by an inmate-patient who was
committed from a state correctional facility while that
inmate-patient is in the custody of the Office of Mental Health.

JUSTIFICATION:

In 1985, a new Correction Law � 606 was enacted that requires the
state to pay all reasonable costs associated with the prosecution of
an inmate in a state correctional facility for an offense alleged to
have been committed while an inmate of such facility. Section 1 of
Chapter 824 of the Laws of 1985 sets forth the legislative findings
and intent:

State correctional facilities are state institutions established for
public and general purposes, in the maintenance of which the whole
state is interested. Because the county in which a state correctional
facility may be located has no voice in its management and can
exercise no police or other supervision over its inmates all costs
arising from offenses alleged to have been committed in such
correctional facilities should be and are by this act made state
charges.

In his August 2, 1985 Approval Memorandum, Governor Mario M. Cuomo
stated that "it is in the best interests of the State, the
correctional system, and local governments to provide reimbursement
for all reasonable costs associated with the prosecution of State
prison inmates who commit crimes in State correctional facilities."

When an inmate in a state correctional facility is found to be
mentally ill and in need of care and treatment in a state psychiatric
facility, that inmate is transferred from the custody of the
Department of Correctional Services (DOCS) to the custody of the
Office of Mental Health
(OMH). See Correction Law � 402. All of these inmates are housed in
OMH's Central New York Psychiatric Center, which is located in Oneida


County. In the past, when such an inmate was alleged to have
committed a crime while in OMH custody, DOCS would provide
reimbursement to Oneida County under Correction Law � 606, In recent
years, however, DOCS has refused to provide reimbursement in these
cases, and Oneida County alone has had to bear these costs.

The provisions of the new Mental Hygiene Law � 29.28 are equivalent to
Correction Law � 606 and authorize reimbursement in these limited
circumstances. The same state interest that is served by Correction
Law � 606 would be served by allowing reimbursement for the costs
associated with the prosecution of inmates who are temporarily in OMH
custody pursuant to Correction Law � 402.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Minimal for the State. None for local governments.

EFFECTIVE DATE:
Immediate.

S4864-2011 Text

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

                                    4864

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 27, 2011
                                 ___________

  Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities

  AN ACT to amend the mental hygiene law, in  relation  to  the  costs  of
    prosecution of an inmate-patient of a state psychiatric facility

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


    Section 1. The mental hygiene law is amended by adding a  new  section
  29.28 to read as follows:

  S 29.28 PAYMENT OF COSTS FOR PROSECUTION OF INMATE-PATIENTS.
    (A)  WHEN  AN INMATE-PATIENT, AS DEFINED IN SUBDIVISION (A) OF SECTION
  29.27 OF THIS ARTICLE, WHO  WAS  COMMITTED  FROM  A  STATE  CORRECTIONAL
  FACILITY,  IS  ALLEGED TO HAVE COMMITTED AN OFFENSE WHILE IN THE CUSTODY
  OF THE DEPARTMENT, THE STATE SHALL PAY  ALL  REASONABLE  COSTS  FOR  THE
  PROSECUTION  OF SUCH OFFENSE, INCLUDING BUT NOT LIMITED TO, COSTS FOR: A
  GRAND JURY IMPANELED TO HEAR AND EXAMINE EVIDENCE OF SUCH OFFENSE, PETIT
  JURORS, WITNESSES, THE DEFENSE  OF  ANY  INMATE  FINANCIALLY  UNABLE  TO
  OBTAIN  COUNSEL IN ACCORDANCE WITH THE PROVISIONS OF THE COUNTY LAW, THE
  DISTRICT ATTORNEY, THE COSTS OF THE SHERIFF AND THE APPOINTMENT OF ADDI-
  TIONAL COURT ATTENDANTS, OFFICERS OR OTHER JUDICIAL PERSONNEL.
    (B) IT SHALL BE THE DUTY OF THE GOVERNING BODY OF ANY  COUNTY  WHEREIN
  SUCH  PROSECUTION  OCCURS  TO CAUSE A SWORN STATEMENT OF ALL COSTS TO BE
  FORWARDED TO THE DEPARTMENT. UPON CERTIFICATION BY THE  DEPARTMENT  THAT
  SUCH COSTS AS AUTHORIZED BY THIS STATUTE HAVE BEEN INCURRED, THE DEPART-
  MENT  SHALL  FORWARD  THE  PROPER  VOUCHERS TO THE STATE COMPTROLLER. IT
  SHALL BE THE DUTY OF THE COMPTROLLER TO EXAMINE SUCH  STATEMENT  AND  TO
  CORRECT  SAME  BY  STRIKING  THEREFROM  ANY  AND ALL ITEMS WHICH ARE NOT
  AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SECTION AND AFTER CORRECT-
  ING SUCH STATEMENT, THE COMPTROLLER  SHALL  DRAW  HIS  WARRANT  FOR  THE
  AMOUNT  OF  ANY SUCH COSTS IN FAVOR OF THE APPROPRIATE COUNTY TREASURER,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11118-01-1

 S. 4864                             2

  WHICH SUM SHALL BE PAID TO SAID  COUNTY  TREASURER  OUT  OF  ANY  MONEYS
  APPROPRIATED THEREFOR.
    (C)  THE DEPARTMENT SHALL, AFTER CONSULTATION WITH THE DIRECTOR OF THE
  BUDGET, PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS  OF
  THIS SECTION.
    S 2. This act shall take effect immediately.