What's happening
This bill updates the definition of "serious mental illness" for inmates in correctional facilities to match the mental hygiene law.
Why it matters
Aligning definitions with the mental hygiene law standardizes the criteria for “serious mental illness” across different state agencies. , which could improve consistency in diagnosis and treatment decisions for incarcerated individuals.
Broadening or changing the criteria may impact the number of inmates eligible for special protections or services. , potentially increasing access to mental health care or changing how disciplinary actions (like segregation) are applied.
Relying on the mental hygiene law’s definition may allow for more up-to-date and clinically appropriate assessments. , as that law may be updated more frequently than correctional regulations, ensuring inmates are evaluated based on current mental health standards.
The amendment could affect legal rights and advocacy efforts for inmates. , as advocacy organizations and attorneys may find it easier to argue for appropriate accommodations or interventions using a widely recognized and potentially broader mental health definition.
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Who cares
Headline styles
Unify Mental Illness Definitions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.721
- Referred to finance
- Referred to crime victims, crime and 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.
Update Mental Illness Definition
Assembly Floor Calendar · Sponsor Jeffrion Aubry
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2690
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to inmates with a serious mental illness
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, 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:
(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] is a person with a serious mental illness, as defined in subdivision fifty-two of section 1.03 of the mental hygiene law;
§ 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.
LBD07687-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to inmates with a seri- ous mental illness
Purpose
This bill changes the definition of serious mental illness in the correction law to match the definition in the mental hygiene law.
Summary of provisions
Section 1 amends subparagraph i of paragraph e of subdivision 6 of section 137 of the correction law.
Section 2 provides an effective date.
Justification
The Office of Mental Health provides mental health services for inmates incarcerated in DOCCS facilities. Mental units within prisons are considered satellite units of OMH under the commissioner of OMH. For simplicity and consistency, the definition of serious mental illness should be the same throughout the state no matter where OMH is operat- ing. As the practice and understanding of psychiatry and psychology change, the list compiled during the negotiations in a settlement agree- ment that was codified into law should not outweigh professional opin- ions and diagnoses of mental illness. Additionally, inmates who are seriously mentally ill under the State's accepted definition of such mental illness should not be placed in solitary confinement because of the limitations of a statute in the correction law.
Fiscal implications
minimal
Legislative history
S8750 referred to Crime Victims, Crime and Corrections.
A.9559 passed the Assembly in 2016, 2018.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.