Bill Text: NY S03103 | 2023-2024 | General Assembly | Amended
Bill Title: Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-03-19 - REPORTED AND COMMITTED TO FINANCE [S03103 Detail]
Download: New_York-2023-S03103-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3103--C 2023-2024 Regular Sessions IN SENATE January 27, 2023 ___________ Introduced by Sens. BRISPORT, CLEARE, COONEY, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to requiring mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Shawanna's law (W76337)". 3 § 2. Section 71-a of the correction law, as amended by chapter 322 of 4 the laws of 2021, is amended to read as follows: 5 § 71-a. Transitional accountability plan. 1. Upon admission of an 6 incarcerated individual committed to the custody of the department under 7 an indeterminate or determinate sentence of imprisonment, the department 8 shall develop a transitional accountability plan. Such plan shall be a 9 comprehensive, dynamic and individualized case management plan based on 10 the programming and treatment needs of the incarcerated individual. The 11 purpose of such plan shall be to promote the rehabilitation of the 12 incarcerated individual and their successful and productive reentry and 13 reintegration into society upon release. To that end, such plan shall be 14 used to prioritize programming and treatment services for the incarcer- 15 ated individual during incarceration and any period of community super- 16 vision. The commissioner may consult with the office of mental health, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02966-06-4S. 3103--C 2 1 the office of [alcoholism and substance abuse] addiction services and 2 supports, the board of parole, the department of health, and other 3 appropriate agencies in the development of transitional case management 4 plans. 5 2. Mental health reentry services shall be included in an incarcerated 6 individual's transitional accountability plan. Such mental health 7 reentry services shall begin the first week upon admission of an incar- 8 cerated individual to a correctional facility and such services shall be 9 provided by licensed therapists, psychiatrists, psychologists, social 10 workers, or nurses in permanent competitive positions in the classified 11 service of the state who specialize in trauma and utilize culturally 12 sensitive techniques. Mental health reentry services shall include, but 13 not be limited to: (i) behavioral health screening and assessment; (ii) 14 clinical intervention for any mental health issues related to the trauma 15 of incarceration; (iii) mental health and trauma screenings within sixty 16 days of being committed to the custody of the department. Where an 17 incarcerated individual would benefit from trauma oriented therapy, the 18 mental health reentry services shall include trauma oriented therapy. 19 If an incarcerated individual is at a facility which cannot provide 20 proper mental health reentry services to the incarcerated individual, 21 the incarcerated individual shall be transferred within seven days to a 22 facility with the capacity to provide the incarcerated individual with 23 his or her proper mental health reentry services. 24 3. The department shall invest, develop and adopt policies and proce- 25 dures to create training for all prison personnel for basic competencies 26 in mental health trauma as a result of incarceration. 27 4. The department shall submit a report including, but not limited to, 28 the number of incarcerated individuals screened for mental health and 29 trauma and the number of incarcerated individuals receiving therapy or 30 clinical intervention with information on the types of therapy or clin- 31 ical intervention such incarcerated individuals are receiving to the 32 governor, the temporary president of the senate, and the speaker of the 33 assembly no later than December thirty-first of each year. 34 § 3. Section 78 of the correction law, as added by section 81-b of 35 part WWW of chapter 59 of the laws of 2017, is amended to read as 36 follows: 37 § 78. Discharge plans. (a) The department, in consultation with the 38 office of children and family services, shall provide discharge plans 39 for juvenile offenders and adolescent offenders who are released to 40 parole or post-release supervision, which are tailored to address their 41 individual needs. Such plans shall include services designed to promote 42 public safety and the successful and productive reentry of such adoles- 43 cents into society. 44 (b) The department shall provide discharge plans for all incarcerated 45 individuals which are tailored to address the incarcerated individual's 46 individual needs upon reentry and reintegration into society upon 47 release. Such discharge plans shall include, but not be limited to: 48 (i) Completed Medicaid enrollment, if eligible; 49 (ii) Medications sufficient to allow the incarcerated individual to 50 transition to a post-release location; and 51 (iii) Written coordination between the department and health care 52 providers including, but not limited to, the transfer of patient records 53 to a health care provider for the service of the releasee. 54 (c) An incarcerated individual who receives clinical intervention for 55 trauma related to incarceration under section seventy-one-a of thisS. 3103--C 3 1 article shall receive the following upon reentry and reintegration into 2 society upon release: 3 (i) Mental health services; 4 (ii) Therapeutic programs including nontraditional therapies like 5 yoga, meditation, and physical therapy; 6 (iii) Family counseling; 7 (iv) Alcohol and substance abuse disorder treatment services; 8 (v) HIV/AIDS services; 9 (vi) Education and vocational training; 10 (vii) Housing information; 11 (viii) Job placement information; and 12 (ix) Money management assistance. 13 § 4. The department of corrections and community supervision shall 14 submit a report on the state of mental health care services in the 15 corrections system, including local jails, which shall include, but not 16 be limited to, an assessment of the degree to which the federal 17 substance abuse and mental health services administration's guidance for 18 trauma-informed approach to mental health has been implemented to the 19 governor, the temporary president of the senate, and the speaker of the 20 assembly no later than December 31, 2025. 21 § 5. This act shall take effect on the ninetieth day after it shall 22 have become a law. Effective immediately, the addition, amendment 23 and/or repeal of any rule or regulation necessary for the implementation 24 of this act on its effective date are authorized to be made and 25 completed on or before such effective date.
