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A06144 Summary:

BILL NOA06144
 
SAME ASNo Same As
 
SPONSORJean-Pierre
 
COSPNSRJackson, Fernandez, Carroll
 
MLTSPNSR
 
Amd §§71-a & 78, Cor L
 
Requires mental health services for inmates with post-traumatic prison disorder upon reentry and reintegration into society upon release.
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A06144 Actions:

BILL NOA06144
 
03/10/2021referred to correction
01/05/2022referred to correction
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A06144 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6144
 
SPONSOR: Jean-Pierre
  TITLE OF BILL: An act to amend the correction law, in relation to requiring mental health services for inmates with post-traumatic prison disorder   PURPOSE OR GENERAL IDEA OF BILL: To address the mental health needs of individuals incarcerated in New York State, with a particular focus upon addressing psychological trauma created or exacerbated by incarceration.   SUMMARY OF PROVISIONS: Section 1 names this act the "post-traumatic prison disorder Shawanna W76337 Act." Section 2 amends 171-A of the corrections law, which requires the department of corrections and community supervision to develop an indi- vidualized "transitional accountability plan" for the rehabilitation of every person put under custody of the department. A new section two requires mental health services to be included in the inmate's transi- tional accountability plan. This shall begin within the first week of admission to a correctional facility. Lays out the minimum specifica- tions for the plan, to include screening and assessment, and clinical intervention for post-traumatic prison disorder. In the event that such services are not available at a facility, the inmate will be transferred to a facility that does have such capacity. Those who receive inter- vention for post-traumatic prison disorder shall also receive mental health services, therapeutic programs, family counseling, housing infor- mation, job placement information, and money management assistance. The department shall also develop a program for all personnel to provide them with basic competencies for mental health trauma. The department is to submit an annual report to the governor and legislature on the number of inmates screened for mental health and trauma. Section 3 amends § 78 of the corrections law relating to discharge plans for inmates, to include completed Medicaid enrollment, required medica- tions sufficient to cover the period of transition, written coordination between the department and health care providers including the transfer of health care records. The release plan for those deemed eligible for intervention of post-traumatic prison disorder shall be eligible for further assistance. Section 4 requires the department of corrections to submit a one time report on the state of mental health care within the corrections system, to governor and legislature by the end of 2021. Section 5 sets the effective date.   JUSTIFICATION: Incarceration can create serious mental health traumas for those subjected to it. This trauma can serve as an obstacle to successful reentry and rehabilitation. By providing necessary mental health screen- ing and therapy for individuals suffering from post-traumatic prison disorder, individuals will stand a better chance at rebuilding produc- tive and self-reliant lives.   PRIOR LEGISLATIVE HISTORY: New   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: Ninety days after becoming a law
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A06144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6144
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced by M. of A. JEAN-PIERRE, JACKSON -- read once and referred to
          the Committee on Correction
 
        AN  ACT  to  amend  the  correction law, in relation to requiring mental
          health services for inmates with post-traumatic prison disorder
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Post-traumatic prison disorder Shawanna W76337 act".
     3    § 2. Section 71-a of the correction law, as added by section  16-a  of
     4  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
     5  read as follows:
     6    § 71-a. Transitional accountability plan.  1.  Upon  admission  of  an
     7  inmate committed to the custody of the department under an indeterminate
     8  or  determinate sentence of imprisonment, the department shall develop a
     9  transitional accountability plan. Such plan shall  be  a  comprehensive,
    10  dynamic and individualized case management plan based on the programming
    11  and  treatment needs of the inmate. The purpose of such plan shall be to
    12  promote the rehabilitation  of  the  inmate  and  their  successful  and
    13  productive  reentry and reintegration into society upon release. To that
    14  end, such plan shall be used to  prioritize  programming  and  treatment
    15  services for the inmate during incarceration and any period of community
    16  supervision.  The  commissioner  may  consult  with the office of mental
    17  health,  the  office  of  [alcoholism  and  substance  abuse]  addiction
    18  services  and  supports,  the board of parole, the department of health,
    19  and other appropriate agencies in the development of  transitional  case
    20  management plans.
    21    2. (a) Mental health reentry services shall be included in an inmate's
    22  transitional  accountability  plan.  Such mental health reentry services
    23  shall begin the first week upon admission of an inmate to a correctional
    24  facility.   Mental health reentry services shall  include,  but  not  be
    25  limited  to:  (i) behavioral health screening and assessment; (ii) clin-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06629-01-1

        A. 6144                             2
 
     1  ical intervention  for  post-traumatic  prison  disorder;  (iii)  mental
     2  health and trauma screenings within sixty days of being committed to the
     3  custody  of  the  department.  Where an inmate would benefit from trauma
     4  oriented therapy, the mental health reentry services shall include trau-
     5  ma oriented therapy.  If an inmate is at a facility which cannot provide
     6  proper mental health reentry services to the inmate, the inmate shall be
     7  transferred within seven days to a facility with the capacity to provide
     8  the inmate with his or her proper mental health reentry services.
     9    (b)  A  registered  organization or representative who provides mental
    10  health reentry services shall be an outside vendor who employs or  is  a
    11  registered therapist, psychiatrist, psychologist, social worker or nurse
    12  who specializes in trauma and utilizes culturally sensitive techniques.
    13    3.  The department shall invest, develop and adopt policies and proce-
    14  dures to create training for all prison personnel for basic competencies
    15  in mental health trauma as a result of post-traumatic prison disorder.
    16    4. The department shall submit a report including, but not limited to,
    17  the number of inmates screened for mental  health  and  trauma  and  the
    18  number of inmates receiving therapy or clinical intervention with infor-
    19  mation on the types of therapy or clinical intervention such inmates are
    20  receiving  to  the  governor, the temporary president of the senate, and
    21  the speaker of the assembly no later than December thirty-first of  each
    22  year.
    23    §  3.  Section  78  of the correction law, as added by section 81-b of
    24  part WWW of chapter 59 of the laws  of  2017,  is  amended  to  read  as
    25  follows:
    26    §  78.  Discharge  plans. (a) The department, in consultation with the
    27  office of children and family services, shall  provide  discharge  plans
    28  for  juvenile  offenders  and  adolescent  offenders who are released to
    29  parole or post-release supervision, which are tailored to address  their
    30  individual  needs. Such plans shall include services designed to promote
    31  public safety and the successful and productive reentry of such  adoles-
    32  cents into society.
    33    (b) The department shall provide discharge plans for all inmates which
    34  are  tailored  to address the inmate's individual needs upon reentry and
    35  reintegration into society upon  release.  Such  discharge  plans  shall
    36  include, but not be limited to:
    37    (i) Completed Medicaid enrollment, if eligible;
    38    (ii)  Medications  sufficient  to  allow the inmate to transition to a
    39  post-release location; and
    40    (iii) Written coordination between  the  department  and  health  care
    41  providers including, but not limited to, the transfer of patient records
    42  to a health care provider for the service of the releasee.
    43    (c)  An  inmate  who receives clinical intervention for post-traumatic
    44  prison disorder  under  section  seventy-one-a  of  this  article  shall
    45  receive  the  following upon reentry and reintegration into society upon
    46  release:
    47    (i) Mental health services;
    48    (ii) Therapeutic  programs  including  nontraditional  therapies  like
    49  yoga, meditation, and physical therapy;
    50    (iii) Family counseling;
    51    (iv) Housing information;
    52    (v) Job placement information; and
    53    (vi) Money management assistance.
    54    §  4.  The  department  of corrections and community supervision shall
    55  submit a report on the state of  mental  health  care  services  in  the
    56  corrections  system, including local jails, which shall include, but not

        A. 6144                             3
 
     1  be limited to,  an  assessment  of  the  degree  to  which  the  federal
     2  substance abuse and mental health services administration's guidance for
     3  trauma-informed  approach  to  mental health has been implemented to the
     4  governor,  the temporary president of the senate, and the speaker of the
     5  assembly no later than December thirty-first, two thousand twenty-two.
     6    § 5. This act shall take effect on the ninetieth day  after  it  shall
     7  have  become  a  law.    Effective  immediately, the addition, amendment
     8  and/or repeal of any rule or regulation necessary for the implementation
     9  of this act on  its  effective  date  are  authorized  to  be  made  and
    10  completed on or before such effective date.
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