Relates to treatment plans for certain inmates who are receiving mental health services at or prior to the time of their anticipated release date.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Espaillat, Golden
TITLE OF BILL: An act to amend the correction law and the mental hygiene law, in relation to treatment plans for certain inmates who are receiving mental health services at or prior to the time of their anticipated release date
To provide mental health discharge planning for inmates who will be released on community supervision and to authorize regional community supervision directors to initiate involuntary commitment proceedings under the mental hygiene law.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to section 404 of the correction law. Section 2 amends subdivision 4 of section 9.27 of the mental hygiene law. Section 3 provides for an effective date.
On June 1, 2014, nine days after being released from prison without mental health medications or any contact with a community mental health care provider, a mentally ill man stabbed two children in an elevator in Brooklyn, killing one of them, a six year old boy. The man's parole officer informed her supervisors that she believed him to be dangerous and thought he should be sent to a mental hospital.
While most mentally ill people are not violent, no inmate who receives mental health treatment while in prison should be released to the streets without a plan for continuity of care. People who have stabilized in prison should not destabilize in the community for lack of mental health care. The bill provides that inmates on the mental health caseload, or who refuse services but are mentally ill, receive mental health discharge planning and, if necessary, appointments with psychiatrists or other prescribing mental health professionals in the community to ensure that medication orders do not lapse and that the released individuals remain under appropriate medical supervision.
Additionally, it is important that regional community supervision directors be authorized to act quickly and independently in situations in which their field officers believe a supervisee to be in need of hospitalization. Currently parole officers can initiate petitions for assisted outpatient treatment under Kendra's Law but may not initiate a petition for involuntary commitment. This bill would clarify that the regional director of community supervision has standing to initiate such proceedings.
This is a new bill.
LOCAL FISCAL IMPLICATIONS:
This act shall take effect sixty days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 7818 IN SENATE June 11, 2014 ___________Introduced by Sens. YOUNG, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law and the mental hygiene law, in relation to treatment plans for certain inmates who are receiving mental health services at or prior to the time of their anticipated release date THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 404 of the correction law is amended by adding a new subdivision 4 to read as follows: 4. EVERY INMATE WHO HAS RECEIVED MENTAL HEALTH TREATMENT PURSUANT TO THIS ARTICLE WITHIN THREE YEARS OF HIS OR HER ANTICIPATED RELEASE DATE FROM A STATE CORRECTIONAL FACILITY SHALL BE PROVIDED WITH MENTAL HEALTH DISCHARGE PLANNING AND, WHEN NECESSARY, AN APPOINTMENT WITH A MENTAL HEALTH PROFESSIONAL IN THE COMMUNITY WHO CAN PRESCRIBE MEDICATIONS FOLLOWING DISCHARGE AND SUFFICIENT MENTAL HEALTH MEDICATIONS AND PRESCRIPTIONS TO BRIDGE THE PERIOD BETWEEN DISCHARGE AND SUCH TIME AS SUCH MENTAL HEALTH PROFESSIONAL MAY ASSUME CARE OF THE PATIENT. INMATES WHO HAVE REFUSED MENTAL HEALTH TREATMENT MAY ALSO BE PROVIDED MENTAL HEALTH DISCHARGE PLANNING AND ANY NECESSARY APPOINTMENT WITH A MENTAL HEALTH PROFESSIONAL. S 2. Paragraph 4 of subdivision (b) of section 9.27 of the mental hygiene law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 4. an officer of any public or well recognized charitable institution or agency or home, including but not limited to the superintendent of a correctional facility, as such term is defined in paragraph (a) of subdivision four of section two of the correction law, in whose institu- tion the person alleged to be mentally ill resides AND THE DESIGNEE AUTHORIZED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION RESPONSIBLE FOR COMMUNITY SUPERVISION IN THE REGION WHERE SUCH PERSON ALLEGED TO BE MENTALLY ILL HAS BEEN RELEASED TO ANY FORM OF SUPERVISION FOLLOWING INCARCERATION. S 3. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15567-02-4