Permits civil and pretrial inmates to receive medical diagnosis and treatment in outside hospitals without a court order; repealer

BILL NUMBER:A4039

Title of bill

An act to amend the correction law, in relation to removal of sick pris- oners from jail and to repeal subdivision 1 of section 508 of such law relating thereto

Purpose of bill

To permit civil and pretrial inmates to receive medical diagnosis and treatment in outside hospitals without a court order.

Summary of provisions

Section 1 of the proposal repeals subdivision 1 of § 508 of the Correction Law and renumbers the existing subdivisions 1 and 2, respec- tively.

Section 2 of the proposal amends the renumbered subdivision 1 to permit civil and pretrial inmates to receive medical diagnosis and treatment in outside hospitals without a court order.

Section 3 makes the proposal effective immediately.

Existing law

Subdivision 1 of §508 of the Correction Law provides that before the sheriff may take a civil or pretrial inmate to an outside hospital for diagnosis or treatment the county judge or one of the justices of the State Supreme Court must make an order directing such removal.

Subdivision 2 of §508 of the Correction Law authorizes the sheriff to take a sentenced inmate to an outside hospital for diagnosis or treat- ment without a court order.

Subdivision 4 of §500-c requires the sheriff to "safely keep" each person lawfully committed to his custody.

Statement in support

With the onset of AIDS, the re-emergence of tuberculosis, and the preva- lence of hepatitis, it is increasingly more common for inmates in local correctional facilities to require treatment in outside hospitals. Pursuant to § 508, sentenced inmates can be taken to outside hospitals without a court order, while civil and pretrial inmates cannot be taken without a court order. There is no reason, however, for this disparate treatment of inmates. The sheriff is equally responsible for the health and well being of civil and pretrial inmates as he is for the health and well being of sentenced inmates. Requiring a court order for civil and pretrial inmates simply creates more work for the sheriff and adds unnecessary paperwork and expense. In addition, requiring a court order before civil and pretrial inmates may be taken to an outside hospital is a waste of judicial resources.

Prior legislative history

A7667 (2000); A5469 (2002); A882 passed Assembly in 2003 and 2004. A4997 passed Assembly, delivered to Senate and referred to crime victims, crime and correction on 02/28/06. A4442 (2007-2008) passed Assembly, delivered to Senate and referred to crime victims, crime and correction on 3/3/08.

Budgetary implications

None.

Effective date

This act shall take effect immediately.