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S1333Senate2019-2020 SessionSame asA4376

Limit Facility Visitor Access

Official title

“Relates to persons authorized to visit inmate-patient facilities of the department of mental hygiene”

Sponsor Patrick M. GallivanSD-59
Status
In Senate Committee
Mental Health And Developmental Disabilities
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Mental Health And Developmental Disabilities

What's happening

The bill authorizes certain state officials and employees to visit inmate-patient facilities in New York at their discretion.

Why it matters

  1. Expands oversight and transparency. By allowing high-ranking state officials (including the governor, legislators, and judges) to visit inmate-patient facilities at any time, the bill could increase oversight and accountability in how these facilities are run.

  2. Potential for improved inmate-patient welfare. Greater access for public officials may lead to more attention on conditions, treatment, and rights of those held in these facilities, possibly resulting in better care and policy improvements.

  3. Limits on general public access. The bill clarifies that only those specifically listed (and those they request, under certain conditions) may visit, which could restrict access for advocates, journalists, or families unless authorized by the commissioner, keeping control centralized.

  4. Department management considerations. The bill explicitly lets the facility management (via the commissioner) deny requests that would disrupt facility operations, balancing transparency with the need to maintain order and safety.

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Who cares

  • State legislators

    The bill would authorize them to visit all department inmate-patient facilities at pleasure and request a facility employee to accompany them, subject to the commissioner's determination that the request would not affect facility management.

  • Commissioner of mental health

    The bill would give the commissioner authority to permit entry by people not otherwise authorized by law and prescribe regulations for that access.

  • Facility employees

    The bill would authorize them to accompany legislators on requested visits, subject to the facility-management condition.

  • Judges, district attorneys and county sheriffs

    The bill would authorize Court of Appeals judges, Supreme Court judges, county judges, district attorneys and county sheriffs to visit these facilities at pleasure.

Headline styles

Limit Facility Visitor Access

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

No co-sponsors yet.

History

  1. Notice of committee consideration - requested
  2. Referred to mental health and developmental disabilities
  3. Referred to mental health and developmental disabilities

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.

A4376Assembly

Authorize Officials’ Inmate-Patient Facility Visits

In Assembly Committee · Mental Health · Sponsor David Weprin

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1333

2019-2020 Regular Sessions

IN SENATE

January 14, 2019

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to certain persons authorized to visit inmate-patient facilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The mental hygiene law is amended by adding a new section 29.27-a to read as follows: § 29.27-a Persons authorized to visit inmate-patient facilities of the

department.

The following persons shall be authorized to visit at pleasure all inmate-patient facilities of the department: the governor and lieutenant-governor, commissioner of general services, secretary of state, comptroller and attorney general, members of the legislature and any employee of the inmate-patient facility as requested by the member of the legislature if the member requests to be so accompanied, provided that such request does not impact upon the department's ability to manage its facilities as determined by the commissioner, judges of the court of appeals, supreme court and county judges, district attorneys and county sheriffs. No other person not otherwise authorized by law shall be permitted to enter an inmate-patient facility of the department except by authority of the commissioner of mental health under such regulations, as the commissioner shall prescribe.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02955-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the mental hygiene law, in relation to certain persons authorized to visit inmate-patient facilities

Purpose

To authorize New York State legislators and other enumerated officials to visit facilities operated by the Office of Mental Health for the care and treatment of inmate-patients, at their pleasure.

Summary of provisions

Section 1 of the bill establishes a new section of the mental hygiene law authorizing certain persons to visit, at will, any OMH facility that provides care and treatment to inmate-patients.

Section 2 establishes the effective date.

Justification

Members of the New York State Legislature, as well as various other State level officials and jurists, are authorized, within the statute to visit Department of Corrections and Community Supervision (DOCCS) correctional facilities and juvenile justice facilities operated by the Office of Children and Family Services (OCFS), at their pleasure, with- out having to obtain permission from the commissioner of such governing agency.

This legislation will correct a deficiency in the statute by also permitting the aforementioned officials to visit, at pleasure, inmate- patient facilities, operated by the Office of Mental Health. Such facilities, in part, provide care and treatment to inmates transferred from DOCCS custody.

Importantly, the oversight responsibility of members of the legislature and the aforementioned State level officials and jurists, necessitates the codification of such inmate-patient facility visitation authority, at pleasure, into the law. Doing so will establish additional super- vision already afforded to those placed within the custody of DOCCS and OCFS.

Legislative history

2017-18: 5.8194/A.10709 Advanced to 3rd Reading/Referred to Mental Health

Fiscal implications

None

Effective date

This act shall take effect on the 90th day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.