BILL NUMBER: S4621
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to incarcerated individ-
uals with a serious mental illness
 
PURPOSE:
This bill changes the definition of serious mental illness in the
correction law to match the definition in the mental hygiene law.
 
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph i of paragraph e of subdivision 6 of
section 137 of the correction law.
Section 2 provides an effective date.
 
JUSTIFICATION:
The Office of Mental Health provides mental health services for inmates
incarcerated in DOCCS facilities. Mental units within prisons are
considered satellite units of OMH under the commissioner of OMH. For
simplicity and consistency, the definition of serious mental illness
should be the same throughout the state no matter where OMH is operat-
ing. As the practice and understanding of psychiatry and psychology
change, the list compiled during the negotiations in a settlement agree-
ment that was codified into law should not outweigh professional opin-
ions and diagnoses of mental illness. Additionally, inmates who are
seriously mentally ill under the State's accepted definition of such
mental illness should not be placed in solitary confinement because of
the limitations of a statute in the correction law.
 
FISCAL IMPLICATIONS:
Minimal
 
LEGISLATIVE HISTORY:
S. 2144 of 2022, Passed Both Houses, Returned to Assembly. Vetoed
S. 2144 of 2021, Referred to Crime Victims, Crime and Correction;
S. 2690 of 2020, Referred to Crime Victims, Crime and Correction;
S. 2690 of 2019, Advanced to Third Reading;
S. 8750 of 2018, Passed Assembly, Referred to Crime Victims, Crime and
Correction;
A. 3206 of 2017, Advanced to Third Reading, Cal 333;
A. 9559 of 2016, Passed the Assembly
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S4621: 137 correction law, 137(6) correction law