Bill Text: NY S06164 | 2019-2020 | General Assembly | Amended
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 [S06164 Detail]
Download: New_York-2019-S06164-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6164--A 2019-2020 Regular Sessions IN SENATE May 21, 2019 ___________ Introduced by Sen. CARLUCCI -- (at request of the Office of Mental Health) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabil- ities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09190-02-9S. 6164--A 2 1 (b) If a request for transfer is approved by the commissioner, or his 2 or her designee, facility staff shall assist in the preparation and 3 submission of all materials and forms necessary to effectuate the 4 person's request for transfer to the United States department of justice 5 for purposes of finalization of the transfer process, including a 6 verification proceeding before a United States district court judge, 7 United States magistrate or other appointed United States official to 8 assure and document the applicant's voluntary request for transfer. 9 (c) The commissioner shall promulgate rules and regulations setting 10 forth the procedures to notify patients and where applicable, their 11 legal guardian or attorney, of their rights under this section and the 12 procedure by which a patient may apply to be considered for transfer to 13 a foreign nation. Nothing herein shall be construed to confer upon a 14 patient a right to be transferred to a foreign nation. 15 § 2. This act shall take effect immediately.