See Bill Text A04870 Summary:BILL NO A04870C SAME AS Same as S 333-B SPONSOR Aubry COSPNSR Weisenberg, Colton, Rivera P, Lupardo, Millman, Schroeder, Wright, Kavanagh MLTSPNSR Boyland, Brook-Krasny, Diaz L, Latimer, Lentol, Lifton, McEneny, Weinstein Amd SS2, 137, 401 & 500-k, add S401-a, Cor L; amd S45.07, Ment Hyg L Provides for residential mental health treatment programs for the purpose of providing treatment and rehabilitation for inmates; provides for assessment of inmates subjected to confinement for a period in excess of twenty-four hours; establishes oversight responsibilities of the New York state commission on quality care and advocacy for people with disabilities and authorizes such commission to monitor the quality of care in residential mental health treatment programs.
A04870 Actions:BILL NO A04870C 02/08/2007 referred to correction 03/13/2007 reported referred to ways and means 03/14/2007 amend and recommit to ways and means 03/14/2007 print number 4870a 03/29/2007 amend and recommit to ways and means 03/29/2007 print number 4870b 06/11/2007 amend (t) and recommit to ways and means 06/11/2007 print number 4870c 06/19/2007 reported referred to rules 06/21/2007 reported 06/21/2007 rules report cal.726 06/21/2007 substituted by s333b S00333B AMEND= NOZZOLIO 01/03/2007 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 03/27/2007 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION 03/27/2007 PRINT NUMBER 333A 04/24/2007 REPORTED AND COMMITTED TO FINANCE 05/22/2007 1ST REPORT CAL.1346 05/29/2007 2ND REPORT CAL. 05/30/2007 ADVANCED TO THIRD READING 06/07/2007 PASSED SENATE 06/07/2007 DELIVERED TO ASSEMBLY 06/07/2007 referred to ways and means 06/11/2007 RECALLED FROM ASSEMBLY 06/11/2007 returned to senate 06/11/2007 VOTE RECONSIDERED - RESTORED TO THIRD READING 06/11/2007 AMENDED ON THIRD READING (T) 333B 06/20/2007 REPASSED SENATE 06/20/2007 RETURNED TO ASSEMBLY 06/20/2007 referred to ways and means 06/21/2007 substituted for a4870c 06/21/2007 ordered to third reading rules cal.726 06/21/2007 passed assembly 06/21/2007 returned to senate 12/31/2007 DELIVERED TO GOVERNOR
A04870 Votes:
A04870 Memo:BILL NUMBER:A4870C TITLE OF BILL: An act to amend the correction law and the mental hygiene law, in relation to confinement conditions and treatment of convicted persons with mental illness PURPOSE OR GENERAL IDEA OF BILL: To establish residential treatment programs that provide for the treatment and confinement of inmates with serious mental illness in a manner that is consistent with both the mental health treatment needs of such inmates and the safety and securi- ty of the facility. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 2 of the correction law by adding new subdivisions 21, 22and 23. Subdivision 21 defines residential mental health treatment programs. This program will be jointly operated by the office of mental health and the department of correctional services and will provide medically appropriate custodial care, supervision, treatment and, where appropriate, discipline, for inmates with serious mental illness. Subdivision 22 defines mental health clinicians to include psychiatrists, psychologists, and clinical social workers. Subdivision 23 defines "Case Management Committees." Section 2 amends subdivision 6 of section 137 of the correction law to exclude inmates with serious mental illness from isolated confinement related to inmate discipline or maintenance of order. Section 3 amends subdivision 6 of section 137 of the correction law to provide for the assessment of inmates by mental health clinicians where such inmates are subject to isolated confinement related to discipline or maintenance of order. Where such inmates meet the criteria for seri- ous mental illness, they shall be removed and placed in a residential mental health treatment program or any other clinically appropriate program. A new paragraph (e) is added to this subdivision to specify the criteria that would require such removal. In addition, the superinten- dent is required to report to the commissioner on the mental health treatment or confinement of such inmates. Section 4 amends correction law section 401 by requiring that residen- tial mental health treatment programs be established by the commission- er. These programs will provide clinically appropriate treatment for inmates while maintaining the safety and security of the facility. In addition, the department shall conduct forty hours of initial training for all correctional staff working in such residential mental health treatment programs. Eight hours of annual training shall also be given to all correctional staff department-wide. Section 5 amends the correction law by adding section 401-b to provide for oversight of treatment and confinement of inmates with serious mental illness in all correctional facilities as defined in subdivision 4 of section 2 of this chapter by the New York state commission on qual- ity of care and advocacy for people with disabilities. The commission is directed to appoint a committee on psychiatric correctional care which shall monitor compliance with this legislation. The committee shall produce an annual report to the legislature describing the department`s compliance. Section 6 provides that this legislation does not apply to local correc- tional facilities. Section 7 makes a conforming change to the mental hygiene law. Section 8 provides that this legislation shall take effect eighteen months after it shall have become law. JUSTIFICATION: The incidence of serious mental illness among inmates within the state prison system has increased significantly in recent years. Currently, approximately 12 percent of the prison population, (approximately 8,000 inmates) is affected by serious mental illness. In addition, studies have shown that when this population is disciplined using solitary confinement, inmates engage in acts of self-mutilation and commit suicide at a rate three times higher than inmates in the general prison population. Furthermore, inmates with serious mental illness often experience a continuing cycle of mental deterioration in general population or when in solitary confinement, followed by periods of in-patient care in a psychiatric hospital, and are often returned to population or to solitary confinement. One correctional officer described inmates who experience this phenomenon as being "like a ping pong ball, bouncing between punitive segregation and Central New York Psychiatric Facility." Other states have recognized the substantial psychological damage caused by isolation and have acted to restrict or exclude prisoners with seri- ous mental illness from the harsh and deleterious effects of punitive segregation. Passage of this proposed legislation would be meritorious on several levels. First, New York will join the ranks of other states that recognize the inhumanity and counterproductive nature of certain forms of punishment for inmates with serious mental illness. Second, this bill will help ensure lower rates of recidivism and relapse when such prisoners are released from prison. Finally, this legislation will make our prisons easier to manage and safer for staff and inmates. PRIOR LEGISLATIVE HISTORY: A8849 of 2003 and 2004, reported to ways and means; and passed Assembly, respectively. A.3926-A of 2006 passed assem- bly and senate and delivered to governor on 08/04/06. Vetoed on 08/16/06. FISCAL IMPLICATIONS: The development of such facilities will require hiring additional treatment staff, require training for department staff and require retrofitting existing correctional facilities. EFFECTIVE DATE: This legislation will take effect eighteen months after it shall have become law. | 
