Provides that, to the extent practicable, any incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.
STATE OF NEW YORK
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5123
2025-2026 Regular Sessions
IN SENATE
February 19, 2025
___________
Introduced by Sen. COMRIE -- 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 providing an incar-
cerated individual time for mental health services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 140 of the correction law, as
2 amended by chapter 322 of the laws of 2021, is amended to read as
3 follows:
4 4. Nothing in this section shall preclude an incarcerated individual
5 from consenting on [his or her] their own behalf to any medical, dental
6 or mental health service and treatment where otherwise authorized by law
7 to do so. To the extent practicable, any incarcerated individual who is
8 receiving mental health services or participating in a program estab-
9 lished pursuant to section four hundred one of this chapter shall not
10 have the time spent participating in such mental health services or
11 programs deducted from any other activity time such incarcerated indi-
12 vidual receives. Activity time shall include but not be limited to the
13 time allowed for: exercise, meals, visits, educational programs and any
14 other activity or program time an incarcerated individual receives.
15 § 2. Subdivision 4 of section 505 of the correction law, as amended by
16 chapter 322 of the laws of 2021, is amended to read as follows:
17 4. Nothing in this section shall preclude an incarcerated individual
18 from consenting on [his or her] their own behalf to any medical, dental
19 or mental health services and treatment where otherwise authorized by
20 law to do so. To the extent practicable, any incarcerated individual who
21 is receiving mental health services or participating in a program estab-
22 lished pursuant to section four hundred one of this chapter shall not
23 have the time spent participating in such mental health services or
24 programs deducted from any other activity time such incarcerated indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06001-01-5
S. 5123 2
1 vidual receives. Activity time shall include but not be limited to the
2 time allowed for: exercise, meals, visits, educational programs and any
3 other activity or program time an incarcerated individual receives.
4 § 3. This act shall take effect immediately.
