Bill Text: NY S04114 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that an incarcerated individual who is receiving mental health services or participating in a mental health program shall not have the time spent participating in such mental health services or programs deducted from any other activity time such incarcerated individual receives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04114 Detail]

Download: New_York-2021-S04114-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4114

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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 providing an incar-
          cerated individual time for mental health services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of  section 140 of the correction law, as
     2  added by chapter 516 of the laws of 1995, is amended to read as follows:
     3    4. Nothing in this section shall  preclude  an  [inmate]  incarcerated
     4  individual  from  consenting  on  his  or her own behalf to any medical,
     5  dental or mental health service and treatment where otherwise authorized
     6  by law to do so.  Any incarcerated individual who  is  receiving  mental
     7  health  services  or  participating in a program established pursuant to
     8  section four hundred one of this chapter shall not have the  time  spent
     9  participating  in  such mental health services or programs deducted from
    10  any other activity time such incarcerated individual receives.  Activity
    11  time shall include but not be limited to the time allowed for: exercise,
    12  meals,  visits,  educational  programs and any other activity or program
    13  time an incarcerated individual receives.
    14    § 2. Subdivision 4 of section 505 of the correction law, as  added  by
    15  chapter 437 of the laws of 2013, is amended to read as follows:
    16    4.  Nothing  in  this  section shall preclude an [inmate] incarcerated
    17  individual from consenting on his or her  own  behalf  to  any  medical,
    18  dental  or  mental health services and treatment where otherwise author-
    19  ized by law to do so.   Any incarcerated  individual  who  is  receiving
    20  mental  health services or participating in a program established pursu-
    21  ant to section four hundred one of this chapter shall not have the  time
    22  spent  participating in such mental health services or programs deducted
    23  from any other activity  time  such  incarcerated  individual  receives.
    24  Activity  time shall include but not be limited to the time allowed for:
    25  exercise, meals, visits, educational programs and any other activity  or
    26  program time an incarcerated individual receives.
    27    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08842-01-1