STATE OF NEW YORK
________________________________________________________________________
905
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. SEPULVEDA -- 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, 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
2 section 137 of the correction law, as separately amended by chapters 93
3 and 322 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 incarcerated individuals who at any time
7 have been diagnosed with a serious mental illness, as defined in subpar-
8 agraphs (i), (iii), (iv) and (v) of paragraph (e) of this subdivision,
9 from segregated confinement or confinement in a residential rehabili-
10 tation unit, where such confinement could potentially be for a period in
11 excess of thirty days, to a residential mental health treatment unit.
12 Nothing in this paragraph shall be deemed to prevent the disciplinary
13 process from proceeding in accordance with department rules and regu-
14 lations for disciplinary hearings.
15 § 2. Subparagraph (i) of paragraph (e) of subdivision 6 of section 137
16 of the correction law, as amended by chapter 322 of the laws of 2021, is
17 amended to read as follows:
18 (i) [he or she has a current diagnosis of, or is diagnosed at the
19 initial or any subsequent assessment conducted during the incarcerated
20 individual's segregated confinement with,] such incarcerated individual
21 has been diagnosed at any time with one or more of the following types
22 of Axis I diagnoses, as described in the most recent edition of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01271-03-5
S. 905 2
1 Diagnostic and Statistical Manual of Mental Disorders, and such diag-
2 noses shall be made based upon all relevant clinical factors, including
3 but not limited to symptoms related to such diagnoses:
4 (A) schizophrenia (all sub-types),
5 (B) delusional disorder,
6 (C) schizophreniform disorder,
7 (D) schizoaffective disorder,
8 (E) brief psychotic disorder,
9 (F) substance-induced psychotic disorder (excluding intoxication and
10 withdrawal),
11 (G) psychotic disorder not otherwise specified,
12 (H) major depressive disorders, or
13 (I) bipolar disorder I and II;
14 § 3. This act shall take effect on the thirtieth day after it shall
15 have become a law.
