What's happening
This bill requires the removal of any inmate ever diagnosed with serious mental illness from solitary confinement to a mental health treatment unit.
Why it matters
Expands protections for inmates with serious mental illness. by mandating removal from solitary confinement if they have *ever* been diagnosed with a qualifying psychiatric disorder—not just those currently or newly diagnosed—which means more people will be covered by this safeguard.
Shifts correctional response from punishment to treatment. for inmates with serious mental illness, requiring placement in a residential mental health treatment unit, which may improve their chances for stabilization and reduce the risk of harm or deterioration linked to solitary confinement.
Broadens the definition of “serious mental illness”. by explicitly listing qualifying diagnoses—including schizophrenia, schizoaffective disorder, bipolar disorder, and major depression—and specifying that any historical diagnosis counts, potentially increasing the number of inmates eligible for diversion from solitary.
Could impact prison management and resource allocation. by increasing demand for mental health treatment units and services, potentially requiring more mental health staff, specialized facilities, and new protocols for handling disciplinary cases involving affected inmates.
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Who cares
Inmates with a history of serious mental illness
The bill would require diversion or removal to residential mental health treatment when segregated confinement could exceed thirty days, based on a qualifying diagnosis made at any time and subject to the stated exception.
State correction officials
The bill would require officials to consider past qualifying diagnoses when determining who must be diverted or removed from segregated confinement, while allowing disciplinary proceedings to continue.
Prison mental health clinicians
Clinicians would consult on diversion and removal decisions under a standard that recognizes qualifying diagnoses made at any time, rather than requiring a current diagnosis or one made during segregated confinement.
Headline styles
Mental Health Unit for Inmates
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Move Mentally Ill Inmates
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3992
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD07227-01-9
A. 3992 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.