BILL NUMBER: S728
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to certain persons
authorized to visit inmate-patient facilities
 
PURPOSE:
To authorize New York State legislators and other enumerated officials
to visit facilities designated by the commissioner for the care and
treatment of incarcerated individual-patients, at their pleasure.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill establishes a new provision within the mental
hygiene law authorizing certain persons to visit any facility that
provides care and treatment to incarcerated individual-patients.
Section 2 establishes the effective date.
 
JUSTIFICATION:
Members of the New York State Legislature, as well as various other
State level officials and jurists, are authorized, within the statute to
visit Department of Corrections and Community Supervision (DOCCS)
correctional facilities and juvenile justice facilities operated by the
Office of Children and Family Services (OCFS), at their pleasure, with-
out having to obtain permission from the commissioner of such governing
agency.
This legislation will correct a deficiency in the statute by also
permitting officials to visit, at pleasure, facilities for the care and
treatment of incarcerated individual-patients facilities. Such facili-
ties, in part, provide care and treatment to inmates transferred from
DOCCS custody.
Importantly, the oversight responsibility of members of the legislature
and the enumerated State level officials, necessitates the codification
of such facility visitation authority, at pleasure, into the law. Doing
so will establish additional supervision already afforded to those
placed within the custody of DOCCS and OCFS.
 
LEGISLATIVE HISTORY:
2023-24: S.231A/A.5863A Referred to Mental Health/Passed Assembly
2021-22: S.2269 Referred to Mental Health
2019-20: S.1333/A.4376 Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health
2017-18: S.8194/A.10709 Advanced to 3rd Reading/Referred to Mental
Health
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

Statutes affected:
S728: 29.27 mental hygiene law