This bill has been amended

Bill S5426-2013

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

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.

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  • May 16, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5426

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To allow inmates under the age of eighteen who nave received a definite sentence to consent to routine medical services when there is an absence of a consenting parent or guardian.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 70.20 of the penal law and directs the court to inquire whether the parents or legal guardian, if present, consent to routine medical services when committing a defendant who is under the age of eighteen. This bill also allows inmates under the age of eighteen who have not received consent from a parent or legal guardian and are committed to a county or regional corrections institution for a definite sentence the ability to consent to routine medical, dental, and mental health services. This amendment to subdivision 2 of section 70.20 of the penal law does not preclude a parent or legal guardian of an inmate from objecting to routine medical treatment but does not require that a parent or guardian consent when the consent is not necessary or the defendant can consent on his own behalf.

Section 2 of the bill adds three new subdivisions to section 140 of the correction law, amending it to provide a minor with the capacity to consent to routine medical, dental and mental health services and treatment while committed in a local correctional facility. However, a parent may make a motion to object to such routine procedures.

Section 3 of the bill amends section 500-c of the correction law and adds a new subdivision 4-a, which states that minor inmates who are in the custody of a county or regional corrections institution for a definite sentence have the ability to consent to routine medical services in the absence of the consent of their parent or guardian, but the parent or guardian can object to routine medical treatment.

JUSTIFICATION:

All citizens are entitled to the same basic rights and while in custody should have access to routine medical services. Inmates under the age of eighteen who do not have contact with their parents or legal guardians are unable to consent to these basic forms of routine medical services. This bill will dive minor inmates the ability to consent to routine medical services if they are unable to receive consent from their parents or legal guardian. Further, this will not preclude parents from objecting to this treatment. Instead, this will only allow minor inmates the ability to consent to a service that the county and regional corrections institutions already provided to the rest of the inmate population. This bill will help ensure that while in custody the jails are treating minor inmates the same as other inmates.

Essentially, this bill will protect minor inmates by providing routine medical services to minor inmates who do not have parent or legal guardians or their parents or legal guardians cannot be located while also saving money by lowering the chances of lawsuits based on this lack of treatment.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the amendment to section 500-c of the correction law made by section three of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 5426 2013-2014 Regular Sessions IN SENATE 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: 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 CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREAT- MENT TO THE PERSON SO COMMITTED.
6. NOTHING IN SUBDIVISION FIVE OF THIS SECTION SHALL PRECLUDE A PARENT OR LEGAL GUARDIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM MAKING A MOTION ON NOTICE TO THE LOCAL CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND THIS SECTION, OBJECTING TO ROUTINE MEDICAL, DENTAL OR MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE UNDER THE PROVISIONS OF PARA- GRAPH (B) OF SUBDIVISION TWO OF SECTION 70.20 OF THE PENAL LAW. 7. NOTHING IN SUBDIVISION FIVE OR SIX OF THIS SECTION SHALL REQUIRE THAT CONSENT BE OBTAINED FROM THE PARENT OR LEGAL GUARDIAN, WHERE NO CONSENT IS NECESSARY OR WHERE THE DEFENDANT IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF TO ANY MEDICAL, DENTAL, AND MENTAL HEALTH SERVICE OR TREATMENT. S 3. Section 500-c of the correction law is amended by adding a new subdivision 4-a to read as follows: 4-A. WHEN A DEFENDANT WHO IS NOT YET EIGHTEEN YEARS OF AGE IS COMMIT- TED TO A LOCAL CORRECTIONAL FACILITY PURSUANT TO SECTION 70.20 OF THE PENAL LAW OR AS A PRETRIAL DETAINEE, 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. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A PARENT OR LEGAL GUARDIAN OF AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE FROM MAKING A MOTION ON NOTICE TO THE LOCAL CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-TWO OF THE CIVIL PRACTICE LAW AND RULES AND SECTION ONE HUNDRED FORTY OF THIS CHAPTER, OBJECTING TO ROUTINE MEDICAL, DENTAL OR MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO SUCH INMATE. NOTHING IN THIS SUBDIVISION SHALL REQUIRE THAT CONSENT BE OBTAINED FROM THE PARENT OR LEGAL GUARDIAN, WHERE NO CONSENT IS NECESSARY OR WHERE THE DEFENDANT IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF TO ANY MEDICAL, DENTAL, AND MENTAL HEALTH SERVICE OR TREATMENT. S 4. This act shall take effect immediately; provided, however, that the amendment to section 500-c of the correction law made by section three of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith.

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