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A07500 Summary:

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A07500 Committee Votes:

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A07500 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7500--A
                                                                Cal. No. 289
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2015
                                       ___________
 
        Introduced  by  M.  of  A. JOYNER, O'DONNELL, SEPULVEDA -- read once and
          referred to the Committee on Correction -- ordered to a third  reading
          --  passed  by Assembly and delivered to the Senate, recalled from the
          Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
          its place on the order of third reading
 
        AN ACT to amend the correction law, in relation to notification of death
          of inmates to next of kin
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e)  of  subdivision  1  of  section  47  of  the
     2  correction  law, as added by chapter 865 of the laws of 1975, is amended
     3  to read as follows:
     4    (e) (i) Investigate and report to the commission on the  condition  of
     5  systems  for  the  delivery  of  medical care to inmates of correctional
     6  facilities and where appropriate recommend such changes as it shall deem
     7  necessary and proper to improve the quality  and  availability  of  such
     8  medical care.
     9    (ii)  The  board shall be responsive to inquiries from the next of kin
    10  and other person designated as a  representative  of  any  inmate  whose
    11  death  takes  place  during  custody  in  a  state correctional facility
    12  regarding the  circumstances  surrounding  the  death  of  such  inmate.
    13  Contact  information  for  the next of kin and designated representative
    14  shall be provided by the department to  the  board  from  the  emergency
    15  contact information previously provided by the inmate to the department.
    16    § 2. The correction law is amended by adding a new section 624 to read
    17  as follows:
    18    §  624.  Next of kin; death of inmate. The department shall be respon-
    19  sive to inquiries from the next of kin and other  person  designated  as
    20  the  representative of any inmate whose death takes place during custody
    21  regarding the circumstances surrounding the death of  such  inmate,  the
    22  medical  procedures  used  and  the cause of death including preliminary
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11069-02-6
        A. 7500--A                          2
 
     1  determinations and final determination as reported by an autopsy report.
     2  The next of kin and other person designated as a representative shall be
     3  identified from the emergency contact information previously provided by
     4  the inmate to the department.
     5    §  3. Section 16 of the correction law, as added by chapter 109 of the
     6  laws of 1980, is amended to read as follows:
     7    § 16. Expense of autopsy; state charge. 1. The reasonable  expense  of
     8  any  inquiry,  autopsy, examination or report prepared thereon conducted
     9  by a coroner, coroner's physician or medical examiner as required by law
    10  with respect to any death occurring to an inmate of an institution oper-
    11  ated by the department shall, to the extent not otherwise reimbursed  by
    12  the  state,  be  a  state charge. Reimbursement of such expense shall be
    13  made on vouchers submitted annually and certified by  the  chief  fiscal
    14  officer  of  the  county  or  city  as  the case may be on the audit and
    15  warrant of the comptroller.
    16    2. The department shall acquire a preliminary or final  death  certif-
    17  icate  for  such  inmate  from a coroner, coroner's physician or medical
    18  examiner and forward such original death certificate to the next of kin.
    19    § 4. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law. Effective immediately, the addition,  amend-
    21  ment  and/or repeal of any rules or regulations necessary for the imple-
    22  mentation of the foregoing sections of this act on  its  effective  date
    23  are authorized to be made on or before such effective date.