A02009 Summary:

COSPNSRAubry, Ortiz, Sepulveda
Amd S402, Cor L
Relates to holding inmates that suffer from mental illness for emergency purposes.
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A02009 Actions:

01/13/2015referred to correction
06/02/2015reported referred to rules
06/10/2015rules report cal.211
06/10/2015ordered to third reading rules cal.211
06/11/2015passed assembly
06/11/2015delivered to senate
01/06/2016DIED IN SENATE
01/06/2016ordered to third reading cal.95
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A02009 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: O'Donnell (MS)
  TITLE OF BILL: An act to amend the correction law, in relation to holding inmates that suffer from mental illness for emergency purposes   PURPOSE: To permit mentally ill inmates to remain at the Central New York Psychiatric Center for needed in-patient treatment at the discretion of their clinical mental health providers.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 9 of section 402 of the correction law to permit in-patient psychiatric hospitalization at the Central New York Psychiatric Center at the discretion of mental health providers upon consent of the inmate. Section 2 provides for an effective date.   JUSTIFICATION: State prisoners in need of emergency in-patient mental health treatment are sent to Central New York Psychiatric Center. Involuntary in-patient treatment commonly occurs when an inmate has made a serious suicide attempt or is exhibiting full-blown psychosis or other symptoms of severe mental illness. Once the emergency for which an inmate was admitted has resolved, he or she is sent back to prison. Some inmates cycle back to Central New York Psychiatric Center on an almost regular schedule; they stabilize in the hospital at which point they are discharged, their mental state deteriorates again in prison, and they are sent to Central New York Psychiatric Center for emergency mental health treatment. At times the precipitating incident for invol- untary admission is a major disturbance, creating risk of injury to staff and other inmates. Inmates exhibiting dangerous or erratic behaviors due to their mental illness present a management problem and a security risk to correctional facilities. For some such inmates longer periods of hospitalization may be the most effective way to treat them so that they can maintain stability. In those cases, at the discretion of the Central New York Psychiatric Center clinicians, it may be preferable to keep an inmate in the psychiatric hospital under intensive management for a longer period of time after the immediate crisis for which he or she was admitted is over in order to provide more comprehensive in-patient mental health treatment. This change in the statute provides a mechanism for the mental health staff at Central New York Psychiatric Center to exercise their clinical judgment and keep an inmate who has been admitted for emergency mental health care for a longer course of treatment when the inmate consents to such treatment under existing mental hygiene law.   LEGISLATIVE HISTORY: Passed Assembly 2014, 2013 and 2012.   FISCAL IMPLICATIONS: None, as the inmates will require intensive mental health treatment wherever they are placed.   EFFECTIVE DATE:; Thirty days after the act becomes law.
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A02009 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2015
        Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
          Committee on Correction
        AN  ACT to amend the correction law, in relation to holding inmates that
          suffer from mental illness for emergency purposes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  9  of  section 402 of the correction law, as
     2  amended by chapter 164 of the laws  of  1986,  is  amended  to  read  as
     3  follows:
     4    9. Except as provided in subdivision two of this section pertaining to
     5  prisoners  confined in the city of New York, an inmate of a correctional
     6  facility or a county jail may be admitted on an emergency basis  to  the
     7  Central  New York Psychiatric Center upon the certification by two exam-
     8  ining physicians, including physicians employed by the office of  mental
     9  health  and  associated  with  the  correctional  facility in which such
    10  inmate is confined, that the inmate suffers from a mental illness  which
    11  is  likely  to result in serious harm to himself or others as defined in
    12  subdivision (a) of section 9.39 of the mental hygiene law. Any person so
    13  committed shall be delivered by the superintendent within a  twenty-four
    14  hour  period,  to the director of the appropriate hospital as designated
    15  in the rules and regulations of the office of mental health. Upon deliv-
    16  ery of such person to a  hospital  operated  by  the  office  of  mental
    17  health,  a proceeding under this section shall immediately be commenced,
    18  provided, however, that after such emergency has  resolved  such  person
    19  may  be held without court order for further in-patient treatment pursu-
    20  ant to sections 9.13 and 9.15 of the mental hygiene law.
    21    § 2. This act shall take effect on the thirtieth day  after  it  shall
    22  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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