What's happening
This bill allows inmates admitted to psychiatric centers for emergency mental illness to be held for further treatment without a court order.
Why it matters
Extends authority over inmate mental health care. By permitting psychiatric centers to keep inmates for further inpatient treatment after an emergency admission—without an additional court order—this bill shifts more discretion to mental health professionals and facility administrators instead of courts.
Potentially expedites continued care. Inmates experiencing acute mental health crises can be transitioned directly into ongoing treatment (under Mental Hygiene Law sections 9.13 and 9.15) if clinically necessary, possibly reducing gaps in psychiatric care and lowering risk of harm or deterioration.
Raises due process and civil liberties concerns. Allowing continued detention for mental health treatment without immediate judicial oversight could impact inmates’ legal rights, making the standard for holding someone post-crisis less stringent than a formal court proceeding.
Affects correctional and psychiatric system responsibilities. Correctional facilities, psychiatric centers, and mental health staff may need to update protocols and coordination efforts, as the new policy alters when and how inmates move between emergency and ongoing psychiatric care.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Hold Inmates With Mental Illness
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Advanced to third reading cal.984
- Reported
- Referred to correction
- Referred to correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4048
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to holding inmates that suffer from mental illness for emergency purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 402 of the correction law, as amended by chapter 164 of the laws of 1986, is amended to read as follows:
9. Except as provided in subdivision two of this section pertaining to prisoners confined in the city of New York, an inmate of a correctional facility or a county jail may be admitted on an emergency basis to the Central New York Psychiatric Center upon the certification by two examining physicians, including physicians employed by the office of mental health and associated with the correctional facility in which such inmate is confined, that the inmate suffers from a mental illness which is likely to result in serious harm to himself or others as defined in subdivision (a) of section 9.39 of the mental hygiene law. Any person so committed shall be delivered by the superintendent within a twenty-four hour period, to the director of the appropriate hospital as designated in the rules and regulations of the office of mental health. Upon delivery of such person to a hospital operated by the office of mental health, a proceeding under this section shall immediately be commenced, provided, however, that after such emergency has resolved such person may be held without court order for further in-patient treatment pursuant to sections 9.13 and 9.15 of the mental hygiene law.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06665-01-7
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.