Bill Text: NY A08087 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-13 - SIGNED CHAP.306 [A08087 Detail]

Download: New_York-2019-A08087-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8087

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by  M.  of A. GUNTHER -- (at request of the Office of Mental
          Health) -- read once and referred to the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to patient  requests
          for transfer to a foreign nation pursuant to an international treaty

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

     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  67.08 to read as follows:
     3  § 67.08 Patient transfer to foreign nation.
     4    (a)  The commissioner, or his or her designee, shall have the sole and
     5  absolute authority to approve or disapprove a  patient  application  for
     6  transfer  to  a foreign nation pursuant to the Council of Europe Conven-
     7  tion on the Transfer of Sentenced  Persons  (COE)  or  other  applicable
     8  international treaty, where:
     9    (1)  Such applicant has been committed to and placed in the custody of
    10  the department upon a verdict of not responsible  by  reason  of  mental
    11  disease  or  defect pursuant to section 330.20 of the criminal procedure
    12  law; 
    13    (2) Such applicant has indicated a willingness and desire for transfer
    14  to a foreign nation in writing on a form prescribed by the  commissioner
    15  or,  the  commissioner  at  the request of a patient's legal guardian or
    16  attorney can indicate a desire for transfer if the patient is unable  to
    17  indicate their willingness and desire on their own; and
    18    (3)  The  transfer nation is either a "treaty nation" under the COE or
    19  any other nation with which the United States has  a  prisoner  transfer
    20  treaty  that  permits  the  transfer of persons committed to psychiatric
    21  institutions after a verdict of not  responsible  by  reason  of  mental
    22  disease or defect.
    23    (b)  If a request for transfer is approved by the commissioner, or his
    24  or her designee, facility staff shall  assist  in  the  preparation  and
    25  submission  of  all  materials  and  forms  necessary  to effectuate the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09190-03-9
        A. 8087                             2

     1  person's request for transfer to the United States department of justice
     2  for purposes of  finalization  of  the  transfer  process,  including  a
     3  verification  proceeding  before  a  United States district court judge,
     4  United  States  magistrate  or other appointed United States official to
     5  assure and document the applicant's voluntary request for transfer.
     6    (c) The commissioner shall promulgate rules  and  regulations  setting
     7  forth  the  procedures  to  notify  patients and where applicable, their
     8  legal guardian or attorney, of their rights under this section  and  the
     9  procedure  by which a patient may apply to be considered for transfer to
    10  a foreign nation. Nothing herein shall be construed  to  confer  upon  a
    11  patient a right to be transferred to a foreign nation.
    12    § 2. This act shall take effect immediately.