New York S 905: Relates to the removal of incarcerated individuals diagnosed with mental illness to a residential mental health treatment unit

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S00905 Summary:

BILL NOS00905 

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SAME ASNo Same As

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SPONSORSEPULVEDA

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COSPNSR

&nbsp

MLTSPNSR

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Amd §137, Cor L

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Relates to the removal of incarcerated individuals diagnosed with mental illness to a residential mental health treatment unit.

Go to top S00905 Actions:

BILL NOS00905 

&nbsp

01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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Go to topS00905 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00905 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 905

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- 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 the removal of incar-
 cerated individuals diagnosed with mental illness to a residential
 mental health treatment unit

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

 1 Section 1. Subparagraph (i) of paragraph (d) of subdivision 6 of
 2 section 137 of the correction law, as separately amended by chapters 93
 3 and 322 of the laws of 2021, is amended to read as follows:
 4 (i) Except as set forth in clause (E) of subparagraph (ii) of this
 5 paragraph, the department, in consultation with mental health clini-
 6 cians, shall divert or remove incarcerated individuals who at any time
 7 have been diagnosed with a serious mental illness, as defined in subpar-
 8 agraphs (i), (iii), (iv) and (v) of paragraph (e) of this subdivision,
 9 from segregated confinement or confinement in a residential rehabili-
 10 tation unit, where such confinement could potentially be for a period in
 11 excess of thirty days, to a residential mental health treatment unit.
 12 Nothing in this paragraph shall be deemed to prevent the disciplinary
 13 process from proceeding in accordance with department rules and regu-
 14 lations for disciplinary hearings.
 15 § 2. Subparagraph (i) of paragraph (e) of subdivision 6 of section 137
 16 of the correction law, as amended by chapter 322 of the laws of 2021, is
 17 amended to read as follows:
 18 (i) [he or she has a current diagnosis of, or is diagnosed at the
 19 initial or any subsequent assessment conducted during the incarcerated
 20 individual's segregated confinement with,] such incarcerated individual
 21 has been diagnosed at any time with one or more of the following types
 22 of Axis I diagnoses, as described in the most recent edition of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01271-03-5

 S. 905 2

 1 Diagnostic and Statistical Manual of Mental Disorders, and such diag-
 2 noses shall be made based upon all relevant clinical factors, including
 3 but not limited to symptoms related to such diagnoses:
 4 (A) schizophrenia (all sub-types),
 5 (B) delusional disorder,
 6 (C) schizophreniform disorder,
 7 (D) schizoaffective disorder,
 8 (E) brief psychotic disorder,
 9 (F) substance-induced psychotic disorder (excluding intoxication and
 10 withdrawal),
 11 (G) psychotic disorder not otherwise specified,
 12 (H) major depressive disorders, or
 13 (I) bipolar disorder I and II;
 14 § 3. This act shall take effect on the thirtieth day after it shall
 15 have become a law.

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