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.
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.
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.
STATE OF NEW YORK ________________________________________________________________________ 4864 2011-2012 Regular Sessions IN 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.