NY Corr L § 401-A (2021)
2021 New York Laws COR - Correction Article 16 - Provisions Relating to Mentally Ill Incarcerated Individuals 401-A - Oversight Responsibilities of the Justice Center for the Protection of People With Special Needs.

§  401-a.  Oversight  responsibilities  of  the justice center for the   protection of people with special needs. 1. The justice center  for  the   protection  of  people  with  special  needs  shall  be  responsible for   monitoring the quality of mental health care  provided  to  incarcerated   individuals pursuant to article twenty of the executive law. The justice   center  shall  have direct and immediate access to all areas where state   prisoners are housed, and to clinical and department records relating to   incarcerated individuals' clinical conditions. The justice center  shall   maintain the confidentiality of all patient-specific information.2. The justice center shall monitor the quality of care in residential   mental  health  treatment  programs  and  shall  ensure  compliance with   paragraphs (d) and  (e)  of  subdivision  six  of  section  one  hundred   thirty-seven  of  this  chapter  and  section  four  hundred one of this   article. The justice center may recommend  to  the  department  and  the   office  of  mental  health  that  incarcerated individuals in segregated   confinement  pursuant  to  subdivision  six  of  section   one   hundred   thirty-seven of this chapter be evaluated for placement in a residential   mental  health treatment unit. It may also recommend ways to further the   goal of diverting and removing  incarcerated  individuals  with  serious   mental  illness from segregated confinement to residential mental health   treatment units. The justice center shall include in its  annual  report   to  the  governor  and  the legislature pursuant to section five hundred   sixty of the executive law, a description of  the  state's  progress  in   complying with this article, which shall be publicly available.3.   The  justice  center  shall  appoint  an  advisory  committee  on   psychiatric correctional care ("committee"), which shall be composed  of   independent  mental  health experts and mental health advocates, and may   include family members of former incarcerated individuals  with  serious   mental  illness.  Such  committee shall advise the justice center on its   oversight responsibilities pursuant to this section. The  committee  may   also  make  recommendations to the justice center regarding improvements   to prison-based mental health care. Nothing in this subdivision shall be   deemed to authorize members  of  the  committee  to  have  access  to  a   correctional  or mental hygiene facility or any part of such a facility.   Provided, however, newly appointed members  of  the  advisory  committee   shall  be  provided  with  a tour of a segregated confinement unit and a   residential  mental  health  treatment  unit,   as   selected   by   the   commissioner.  Any  such  tour shall be arranged on a date and at a time   selected by the commissioner and upon such terms and conditions  as  are   within the sole discretion of the commissioner.* 4.  The justice center shall assess the department's compliance with   the provisions of  sections  two,  one  hundred  thirty-seven,  and  one   hundred  thirty-eight of this chapter relating to segregated confinement   and residential rehabilitation units and shall issue a public report, no   less  than  annually,  with  recommendations  to  the   department   and   legislature,   regarding  all  aspects  of  segregated  confinement  and   residential  rehabilitation  units  in  state  correctional   facilities   including  but  not  limited  to  policies and practices concerning: (a)   placement  of  persons  in  segregated   confinement   and   residential   rehabilitation  units; (b) special populations; (c) length of time spent   in such units; (d) hearings and procedures; (e) programs, treatment  and   conditions  of  confinement  in  such  units;  and  (f)  assessments and   rehabilitation plans, procedures and discharge determinations.* NB Effective March 31, 2022