Requires the state to pay the costs of prosecution of an inmate-patient of a state psychiatric facility

BILL NUMBER:S4864

Title of bill

An act to amend the mental hygiene law, in relation to the costs of prosecution of an inmate-patient of a state psychiatric facility

Purpose or general idea of bill

Require the state to reimburse counties for the costs associated with the prosecution of offenses alleged to have been committed by inmate-patients who were committed from state correctional facilities while those inmate-patients were in the custody of the Office of Mental Health.

Summary of specific provisions

This legislation would create a new section 29.28 of the Mental Hygiene Law. Section 29.28 requires the state to reimburse counties for all reasonable costs associated with the prosecution of an offense alleged to have been committed by an inmate-patient who was committed from a state correctional facility while that inmate-patient is in the custody of the Office of Mental Health.

Justification

In 1985, a new Correction Law § 606 was enacted that requires the state to pay all reasonable costs associated with the prosecution of an inmate in a state correctional facility for an offense alleged to have been committed while an inmate of such facility. Section 1 of Chapter 824 of the Laws of 1985 sets forth the legislative findings and intent:

State correctional facilities are state institutions established for public and general purposes, in the maintenance of which the whole state is interested. Because the county in which a state correctional facility may be located has no voice in its management and can exercise no police or other supervision over its inmates all costs arising from offenses alleged to have been committed in such correctional facilities should be and are by this act made state charges.

In his August 2, 1985 Approval Memorandum, Governor Mario M. Cuomo stated that "it is in the best interests of the State, the correctional system, and local governments to provide reimbursement for all reasonable costs associated with the prosecution of State prison inmates who commit crimes in State correctional facilities."

When an inmate in a state correctional facility is found to be mentally ill and in need of care and treatment in a state psychiatric facility, that inmate is transferred from the custody of the Department of Correctional Services (DOCS) to the custody of the Office of Mental Health (OMH). See Correction Law § 402. All of these inmates are housed in OMH's Central New York Psychiatric Center, which is located in Oneida

County. In the past, when such an inmate was alleged to have committed a crime while in OMH custody, DOCS would provide reimbursement to Oneida County under Correction Law § 606, In recent years, however, DOCS has refused to provide reimbursement in these cases, and Oneida County alone has had to bear these costs.

The provisions of the new Mental Hygiene Law § 29.28 are equivalent to Correction Law § 606 and authorize reimbursement in these limited circumstances. The same state interest that is served by Correction Law § 606 would be served by allowing reimbursement for the costs associated with the prosecution of inmates who are temporarily in OMH custody pursuant to Correction Law § 402.

Prior legislative history

None.

Fiscal implications

Minimal for the State. None for local governments.

Effective date

Immediate.