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.
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: To allow inmates under the age of eighteen who have been committed to a regional or county correctional institution to consent to routine medical services when there is an absence of a consenting parent or guardian.
SUMMARY OF 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 local correctional facility 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 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 amends the correction law by adding a new section 505 with four subdivisions. Subdivision 1 allows a minor who is not yet 18 years of age to consent to routine medical treatment. Paragraph (a) of subdivision 3 reserves the rights of a minor inmate's parent or guardian to 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. Currently, law enforcement must receive judicial consent to provide even routine medical care or open themselves to legal action. This bill would reduce the possibility of lawsuits for providing routine medical care and save law enforcement and judicial resources. 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 give 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.
LEGISLATIVE HISTORY: New Bill.
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.
STATE OF NEW YORK ________________________________________________________________________ 5426--A 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 -- 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. LBD11103-02-3 S. 5426--A 2
S 2. The correction law is amended by adding a new section 505 to read as follows: S 505. PROVISION OF ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT. 1. WHERE AN INMATE WHO IS NOT YET EIGHTEEN YEARS OF AGE HAS BEEN COMMITTED TO THE CUSTODY OF THE SHERIFF OR OTHER PERSON IN CHARGE OF A LOCAL CORRECTIONAL FACILITY AND NO MEDICAL CONSENT HAS BEEN OBTAINED PRIOR TO COMMITMENT, THE COMMITMENT ORDER SHALL BE DEEMED TO GRANT TO THE MINOR THE CAPACITY TO CONSENT TO ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT TO HIMSELF OR HERSELF. 2. SUBJECT TO THE REGULATIONS OF THE DEPARTMENT OF HEALTH, ROUTINE MEDICAL, DENTAL AND MENTAL HEALTH SERVICES AND TREATMENT IS DEFINED FOR THE PURPOSES OF THIS SECTION TO MEAN ANY ROUTINE DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION THE ADMINISTRATION OF MEDICATIONS OR NUTRI- TION, THE EXTRACTION OF BODILY FLUIDS FOR ANALYSIS, AND DENTAL CARE PERFORMED WITH A LOCAL ANESTHETIC. ROUTINE MENTAL HEALTH TREATMENT SHALL NOT INCLUDE PSYCHIATRIC ADMINISTRATION OF MEDICATION UNLESS IT IS PART OF AN ONGOING MENTAL HEALTH PLAN OR UNLESS IT IS OTHERWISE AUTHORIZED BY LAW. 3. (A) AT ANY TIME PRIOR TO THE DATE THE INMATE BECOMES EIGHTEEN YEARS OF AGE, THE INMATE'S PARENT OR LEGAL GUARDIAN MAY INSTITUTE LEGAL PROCEEDINGS PURSUANT TO SECTION 70.20 OF THE PENAL LAW OBJECTING TO THE PROVISION OF ROUTINE MEDICAL, DENTAL OR MENTAL HEALTH SERVICES AND TREATMENT BEING PROVIDED TO THE INMATE. (B) A NOTICE OF MOTION SHALL BE SERVED ON THE INMATE AND THE SHERIFF OR OTHER PERSON IN CHARGE OF THE LOCAL CORRECTIONAL FACILITY NOT LESS THAN SEVEN DAYS PRIOR TO THE RETURN DATE OF THE MOTION. THE PERSON ON WHOM THE NOTICE OF MOTION IS SERVED SHALL ANSWER THE MOTION NOT LESS THAN TWO DAYS BEFORE THE RETURN DATE. ON EXAMINING THE MOTION AND ANSWER AND, IN ITS DISCRETION, AFTER HEARING ARGUMENT, THE COURT SHALL ENTER AN ORDER, GRANTING OR DENYING THE MOTION. 4. NOTHING IN THIS SECTION SHALL PRECLUDE AN INMATE FROM CONSENTING ON HIS OR HER OWN BEHALF TO ANY MEDICAL, DENTAL OR MENTAL HEALTH SERVICES AND TREATMENT WHERE OTHERWISE AUTHORIZED BY LAW TO DO SO. S 3. This act shall take effect immediately.