Bill Text: NY A09257 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to holding inmates that suffer from mental illness for emergency purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-05-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [A09257 Detail]

Download: New_York-2011-A09257-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9257
                                 I N  A S S E M B L Y
                                   February 9, 2012
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law, in relation to holding inmates  that
         suffer from mental illness for emergency purposes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 9 of section 402  of  the  correction  law,  as
    2  amended  by  chapter  164  of  the  laws  of 1986, is amended to read as
    3  follows:
    4    9. Except as provided in subdivision two OF THIS SECTION pertaining to
    5  prisoners confined in the city of New York, an inmate of a  correctional
    6  facility  or  a county jail may be admitted on an emergency basis to the
    7  Central New York Psychiatric Center upon the certification by two  exam-
    8  ining  physicians, including physicians employed by the office of mental
    9  health and associated with  the  correctional  facility  in  which  such
   10  inmate  is confined, that the inmate suffers from a mental illness which
   11  is likely to result in serious harm to himself or others as  defined  in
   12  subdivision (a) of section 9.39 of the mental hygiene law. Any person so
   13  committed  shall be delivered by the superintendent within a twenty-four
   14  hour period, to the director of the appropriate hospital  as  designated
   15  in the rules and regulations of the office of mental health. Upon deliv-
   16  ery  of  such  person  to  a  hospital  operated by the office of mental
   17  health, a proceeding under this section shall immediately be  commenced,
   18  PROVIDED,  HOWEVER,  THAT  AFTER SUCH EMERGENCY HAS RESOLVED SUCH PERSON
   19  MAY BE HELD WITHOUT COURT ORDER FOR FURTHER IN-PATIENT TREATMENT  PURSU-
   20  ANT TO SECTIONS 9.13 AND 9.15 OF THE MENTAL HYGIENE LAW.
   21    S  2.  This  act shall take effect on the thirtieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14398-01-2