What's happening
This bill requires that any inmate ever diagnosed with certain serious mental illnesses be removed from solitary confinement to a mental health treatment unit.
Why it matters
Expands protections for inmates with past mental illness diagnoses. The bill requires removal from solitary confinement not just for inmates currently diagnosed with serious mental illness, but for anyone ever diagnosed with such a condition, significantly broadening who qualifies for diversion to mental health units.
Recognizes long-term impacts of mental illness. By applying to any inmate with a lifetime diagnosis (not just those with current symptoms), the bill acknowledges that the effects of serious mental illness can be enduring and may make solitary confinement especially harmful at any point.
Targets specific severe mental health conditions. The bill lists particular diagnoses (e.g., schizophrenia, bipolar disorder, major depressive disorder, certain psychotic disorders), tying removal from solitary to conditions known for high risk of deterioration in isolation, which could help reduce suicide, self-harm, and psychiatric decline among these inmates.
Shifts correctional policy toward treatment over punishment. By mandating transfer to mental health units rather than solitary for this group, the bill reinforces a treatment-based approach, potentially improving clinical outcomes and reducing legal and ethical risks for the correctional system.
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Who cares
Headline styles
Move Ill Inmates To Treatment
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4037
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
Introduced by M. of A. WEPRIN, O'DONNELL -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to the removal of inmates diagnosed with mental illness to a residential mental health treatment unit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph d of subdivision 6 of section 137 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows:
(i) Except as set forth in clause (E) of subparagraph (ii) of this paragraph, the department, in consultation with mental health clinicians, shall divert or remove [inmates] an inmate who at any time has been diagnosed with a serious mental illness, as defined in subparagraphs (i), (iii), (iv) and (v) of paragraph (e) of this subdivision, from segregated confinement, where such confinement could potentially be for a period in excess of thirty days, to a residential mental health treatment unit. Nothing in this paragraph shall be deemed to prevent the disciplinary process from proceeding in accordance with department rules and regulations for disciplinary hearings.
§ 2. Subparagraph (i) of paragraph e of subdivision 6 of section 137 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows:
(i) he or she has [a current diagnosis of, or is diagnosed at the initial or any subsequent assessment conducted during the inmate's segregated confinement with,] been diagnosed at any time with one or more of the following types of Axis I diagnoses, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, and such diagnoses shall be made based upon all relevant clinical factors, including but not limited to symptoms related to such diagnoses:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05046-01-7
A. 4037 2
(A) schizophrenia (all sub-types),
(B) delusional disorder,
(C) schizophreniform disorder,
(D) schizoaffective disorder,
(E) brief psychotic disorder,
(F) substance-induced psychotic disorder (excluding intoxication and withdrawal),
(G) psychotic disorder not otherwise specified,
(H) major depressive disorders, or
(I) bipolar disorder I and II;
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.