A10071 Summary:

SPONSORRules (O'Donnell)
COSPNSROrtiz, Mosley, Lupardo, Gunther, Duprey, Giglio
Amd S404, Cor L; amd S9.27, Ment Hyg L
Relates to treatment plans for certain inmates who are receiving mental health services at or prior to the time of their anticipated release date.
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A10071 Actions:

06/11/2014referred to correction
06/16/2014reported referred to codes
06/17/2014reported referred to rules
06/17/2014rules report cal.428
06/17/2014ordered to third reading rules cal.428
06/18/2014substituted by s7818
 06/18/2014PASSED SENATE
 06/18/2014referred to codes
 06/18/2014substituted for a10071
 06/18/2014ordered to third reading rules cal.428
 06/18/2014passed assembly
 06/18/2014returned to senate
 12/29/2014SIGNED CHAP.548
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A10071 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (O'Donnell)
  TITLE OF BILL: An act to amend the correction law and the mental hygiene law, in relation to treatment plans for certain inmates who are receiving mental health services at or prior to the time of their antic- ipated release date   PURPOSE: To provide mental health discharge planning for inmates who will be released on community supervision and to authorize regional community supervision directors to initiate involuntary commitment proceedings under the mental hygiene law.   SUMMARY OF PROVISIONS: Section 1 adds a new subdivision 4 to section 404 of the correction law. Section 2 amends subdivision 4 of section 9.27 of the mental hygiene law. Section 3 provides for an effective date.   JUSTIFICATION: On June 1, 2014, nine days after being released from prison without mental health medications or any contact with a community mental health care provider, a mentally ill man stabbed two children in an elevator in Brooklyn, killing one of them, a six year old boy. The man's parole officer informed her supervisors that she believed him to be dangerous and thought he should be sent to a mental hospital. While most mentally ill people are not violent, no inmate who receives mental health treatment while in prison should be released to the streets without a plan for continuity of care. People who have stabi- lized in prison should not destabilize in the community for lack of mental health care. The bill provides that inmates on the mental health caseload, or who refuse services but are mentally ill, receive mental health discharge planning and, if necessary, appointments with psychia- trists or other prescribing mental health professionals in the community to ensure that medication orders do not lapse and that the released individuals remain under appropriate medical supervision. Additionally, it is important that regional community supervision direc- tors be authorized to act quickly and independently in situations in which their field officers believe a supervisee to be in need of hospi- talization. Currently parole officers can initiate petitions for assisted outpatient treatment under Kendra's Law but may not initiate a petition for involuntary commitment. This bill would clarify that the regional director of community supervision has standing to initiate such proceedings.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Minimal.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect sixty days after it shall have become law.
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A10071 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 11, 2014
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
          -- read once and referred to the Committee on Correction
        AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
          relation  to  treatment  plans  for  certain inmates who are receiving
          mental health services at or prior to the time  of  their  anticipated
          release date

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 404 of the correction law is amended  by  adding  a
     2  new subdivision 4 to read as follows:
     3    4.  Every  inmate who has received mental health treatment pursuant to
     4  this article within three years of his or her anticipated  release  date
     5  from  a state correctional facility shall be provided with mental health
     6  discharge planning and, when necessary, an  appointment  with  a  mental
     7  health  professional  in  the  community  who  can prescribe medications
     8  following  discharge  and  sufficient  mental  health  medications   and
     9  prescriptions  to  bridge  the period between discharge and such time as

    10  such mental health professional may assume care of the patient.  Inmates
    11  who  have  refused  mental  health treatment may also be provided mental
    12  health discharge planning and any necessary appointment  with  a  mental
    13  health professional.
    14    §  2.  Paragraph  4  of  subdivision (b) of section 9.27 of the mental
    15  hygiene law, as amended by chapter 7 of the laws of 2007, is amended  to
    16  read as follows:
    17    4.  an officer of any public or well recognized charitable institution
    18  or agency or home, including but not limited to the superintendent of  a
    19  correctional  facility,  as  such  term  is  defined in paragraph (a) of
    20  subdivision four of section two of the correction law, in whose institu-
    21  tion the person alleged to be mentally  ill  resides  and  the  designee

    22  authorized  by  the  commissioner  of  the department of corrections and
    23  community supervision  responsible  for  community  supervision  in  the
    24  region where such person alleged to be mentally ill has been released to
    25  any form of supervision following incarceration.
    26    §  3.  This  act  shall take effect on the sixtieth day after it shall
    27  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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