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

  
  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.