Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.
STATE OF NEW YORK
________________________________________________________________________
8087
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. GUNTHER -- (at request of the Office of Mental
Health) -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to patient requests
for transfer to a foreign nation pursuant to an international treaty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 67.08 to read as follows:
3 § 67.08 Patient transfer to foreign nation.
4 (a) The commissioner, or his or her designee, shall have the sole and
5 absolute authority to approve or disapprove a patient application for
6 transfer to a foreign nation pursuant to the Council of Europe Conven-
7 tion on the Transfer of Sentenced Persons (COE) or other applicable
8 international treaty, where:
9 (1) Such applicant has been committed to and placed in the custody of
10 the department upon a verdict of not responsible by reason of mental
11 disease or defect pursuant to section 330.20 of the criminal procedure
12 law;
13 (2) Such applicant has indicated a willingness and desire for transfer
14 to a foreign nation in writing on a form prescribed by the commissioner
15 or, the commissioner at the request of a patient's legal guardian or
16 attorney can indicate a desire for transfer if the patient is unable to
17 indicate their willingness and desire on their own; and
18 (3) The transfer nation is either a "treaty nation" under the COE or
19 any other nation with which the United States has a prisoner transfer
20 treaty that permits the transfer of persons committed to psychiatric
21 institutions after a verdict of not responsible by reason of mental
22 disease or defect.
23 (b) If a request for transfer is approved by the commissioner, or his
24 or her designee, facility staff shall assist in the preparation and
25 submission of all materials and forms necessary to effectuate the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09190-03-9
A. 8087 2
1 person's request for transfer to the United States department of justice
2 for purposes of finalization of the transfer process, including a
3 verification proceeding before a United States district court judge,
4 United States magistrate or other appointed United States official to
5 assure and document the applicant's voluntary request for transfer.
6 (c) The commissioner shall promulgate rules and regulations setting
7 forth the procedures to notify patients and where applicable, their
8 legal guardian or attorney, of their rights under this section and the
9 procedure by which a patient may apply to be considered for transfer to
10 a foreign nation. Nothing herein shall be construed to confer upon a
11 patient a right to be transferred to a foreign nation.
12 § 2. This act shall take effect immediately.
