STATE OF NEW YORK
________________________________________________________________________
5941
2025-2026 Regular Sessions
IN ASSEMBLY
February 25, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the removal of incar-
cerated individuals diagnosed with mental illness to a residential
mental health treatment unit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph d of subdivision 6 of section
2 137 of the correction law, as separately amended by chapters 93 and 322
3 of the laws of 2021, is amended to read as follows:
4 (i) Except as set forth in clause (E) of subparagraph (ii) of this
5 paragraph, the department, in consultation with mental health clini-
6 cians, shall divert or remove an incarcerated [individuals] individual
7 who at any time has been diagnosed with a serious mental illness, as
8 defined in subparagraphs (i), (iii), (iv) and (v) of paragraph (e) of
9 this subdivision, from segregated confinement or confinement in a resi-
10 dential rehabilitation unit, where such confinement could potentially be
11 for a period in excess of thirty days, to a residential mental health
12 treatment unit. Nothing in this paragraph shall be deemed to prevent the
13 disciplinary process from proceeding in accordance with department rules
14 and regulations for disciplinary hearings.
15 § 2. This act shall take effect on the thirtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10073-01-5
