Authorizes county and regional correctional institutions to provide medical services to minor inmates serving a definite sentence of imprisonment

BILL NUMBER:S5426A

Title of bill

An act to amend the penal law and the correction law, in relation to authorizing local correctional facilities to provide medical services to minor inmates in the absence of the consent of a parent or guardian when a definite sentence of imprisonment has been imposed

Purpose

To allow inmates under the age of eighteen who have been committed to a regional or county correctional institution to consent to routine medical services when there is an absence of a consenting parent or guardian.

Summary of provisions

Section 1 of the bill amends subdivision 2 of section 70.20 of the penal law and directs the court to inquire whether the parents or legal guardian, if present, consent to routine medical services when committing a defendant who is under the age of eighteen. This bill also allows inmates under the age of eighteen who have not received consent from a parent or legal guardian and are committed to a local correctional facility the ability to consent to routine medical, dental, and mental health services. This amendment to subdivision 2 of section 70.20 of the penal law does not preclude parent or legal guardian of an inmate from objecting to routine medical treatment but does not require that a parent or guardian consent when the consent is not necessary or the defendant can consent on his own behalf.

Section 2 of the bill amends the correction law by adding a new section 505 with four subdivisions. Subdivision 1 allows a minor who is not yet 18 years of age to consent to routine medical treatment. Paragraph (a) of subdivision 3 reserves the rights of a minor inmate's parent or guardian to object to routine medical treatment.

Justification

All citizens are entitled to the same basic rights and while in custody should have access to routine medical services. Currently, law enforcement must receive judicial consent to provide even routine medical care or open themselves to legal action. This bill would reduce the possibility of lawsuits for providing routine medical care and save law enforcement and judicial resources. Inmates under the age of eighteen who do not have contact with their parents or legal guardians are unable to consent to these basic forms of routine medical services This bill will give minor inmates the ability to consent to routine medical services if they are unable to receive consent from their parents or legal guardian, Further, this will not preclude parents from objecting to this treatment. Instead, this will only allow minor inmates the ability to consent to a service that the county and regional corrections institutions already provided to the rest of the inmate population. This bill will help ensure that while in custody the jails are treating minor inmates the same as other inmates. Essentially, this bill will protect minor inmates by providing routine medical services to minor inmates who do not have parent or legal guardians or their parents or legal guardians cannot be located.

Legislative history

New Bill.

Fiscal implications

None

Effective date

This act shall take effect immediately; provided, however, that the amendment to section 500-c of the correction law made by section three of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith.