STATE OF NEW YORK
________________________________________________________________________
465
2023-2024 Regular Sessions
IN SENATE
January 4, 2023
___________
Introduced by Sen. SEPULVEDA -- 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 the removal of incar-
cerated individuals diagnosed with mental illness to a residential
mental health treatment unit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph d of subdivision 6 of section
2 137 of the correction law, as separately amended by chapters 93 and 322
3 of the laws of 2021, is amended to read as follows:
4 (i) Except as set forth in clause (E) of subparagraph (ii) of this
5 paragraph, the department, in consultation with mental health clini-
6 cians, shall divert or remove incarcerated individuals who at any time
7 have been diagnosed with a serious mental illness, as defined in subpar-
8 agraphs (i), (iii), (iv) and (v) of paragraph (e) of this subdivision,
9 from segregated confinement or confinement in a residential rehabili-
10 tation unit, where such confinement could potentially be for a period in
11 excess of thirty days, to a residential mental health treatment unit.
12 Nothing in this paragraph shall be deemed to prevent the disciplinary
13 process from proceeding in accordance with department rules and regu-
14 lations for disciplinary hearings.
15 § 2. Subparagraph (i) of paragraph e of subdivision 6 of section 137
16 of the correction law, as amended by chapter 322 of the laws of 2021, is
17 amended to read as follows:
18 (i) he or she has [a current diagnosis of, or is diagnosed at the
19 initial or any subsequent assessment conducted during the incarcerated
20 individual's segregated confinement with,] been diagnosed at any time
21 with one or more of the following types of Axis I diagnoses, as
22 described in the most recent edition of the Diagnostic and Statistical
23 Manual of Mental Disorders, and such diagnoses shall be made based upon
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01485-01-3
S. 465 2
1 all relevant clinical factors, including but not limited to symptoms
2 related to such diagnoses:
3 (A) schizophrenia (all sub-types),
4 (B) delusional disorder,
5 (C) schizophreniform disorder,
6 (D) schizoaffective disorder,
7 (E) brief psychotic disorder,
8 (F) substance-induced psychotic disorder (excluding intoxication and
9 withdrawal),
10 (G) psychotic disorder not otherwise specified,
11 (H) major depressive disorders, or
12 (I) bipolar disorder I and II;
13 § 3. This act shall take effect on the thirtieth day after it shall
14 have become a law.
