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S728Senate2025-2026 SessionSame asA1519

Allow Officials Visit Mental Facilities

Official title

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

Sponsor Patrick M. GallivanSD-60+4 co-sponsorsAffects Health
Status
In Senate Committee
Mental Health
Impact
4/10
Low
Passage
13%

Bill progress

Step 2 of 7

In committee · Mental Health

What's happening

This bill allows certain state officials to visit mental health facilities with prior notice and gives facility directors discretion to deny visits that disrupt operations.

Why it matters

  1. Increases transparency and oversight in mental health facilities. by allowing top state officials and legislators to visit and observe conditions, potentially leading to improved accountability and standards of care.

  2. Balances oversight with operational needs. by requiring advance notice and giving facility directors authority to deny visits if they might disrupt therapeutic activities or facility management, aiming to protect patient care and daily routines.

  3. Limits general public access. by clarifying that only those specified in the law—or otherwise authorized by regulation—may enter facilities, thereby maintaining privacy and security for patients while still enabling official oversight.

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Who cares

Headline styles

Allow Officials Visit Mental Facilities

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

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 60

History

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

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.

A1519Assembly

Let Officials Visit Mental Facilities

In Assembly Committee · Mental Health · Sponsor David Weprin

Impact 4 · Low24% to pass

Full text

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

STATE OF NEW YORK

728

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. GALLIVAN, BORRELLO, OBERACKER, RHOADS, SALAZAR -read twice and ordered printed, and when printed to be committed to the Committee on Mental Health

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. Section 29.27 of the mental hygiene law is amended by adding a new subdivision (k) to read as follows:

(k) The following persons shall be authorized to visit at pleasure any facility designated by the commissioner for care and treatment under this section, provided that such persons shall make a concerted effort to notify the director of any facility, as soon as practicable, that a visit will occur: the governor and lieutenant-governor, commissioner of general services, secretary of state, comptroller, attorney general, and members of the legislature. The director of a facility shall be authorized to deny any visit, if the director determines that the visit would interfere with the regularly scheduled therapeutic activities or there would be an impact upon the ability to manage such facility. No other person not otherwise authorized by law shall be permitted to enter a facility of the office except by authority of the commissioner 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.

LBD02817-01-5

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 designated by the commissioner for the care and treatment of incarcerated individual-patients, at their pleasure.

Summary of provisions

Section 1 of the bill establishes a new provision within the mental hygiene law authorizing certain persons to visit any facility that provides care and treatment to incarcerated individual-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 officials to visit, at pleasure, facilities for the care and treatment of incarcerated individual-patients facilities. Such facili- ties, in part, provide care and treatment to inmates transferred from DOCCS custody.

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

Legislative history

2023-24: S.231A/A.5863A Referred to Mental Health/Passed Assembly

2021-22: S.2269 Referred to Mental Health

2019-20: S.1333/A.4376 Referred to Mental Health and Developmental Disabilities/Referred to Mental Health

2017-18: S.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.