§ 401. Establishment of programs inside correctional facilities. 1.\nThe commissioner, in cooperation with the commissioner of mental health,\nshall establish programs, including but not limited to residential\nmental health treatment units, in such correctional facilities as he or\nshe may deem appropriate for the treatment of mentally ill incarcerated\nindividuals confined in state correctional facilities who are in need of\npsychiatric services but who do not require hospitalization for the\ntreatment of mental illness. Incarcerated individuals with serious\nmental illness shall receive therapy and programming in settings that\nare appropriate to their clinical needs while maintaining the safety and\nsecurity of the facility.\n The conditions and services provided in the residential mental health\ntreatment units shall be at least comparable to those in all residential\nrehabilitation units, and all residential mental health treatment units\nshall be in compliance with all provisions of paragraphs (i), (j), (k),\nand (l) of subdivision six of section one hundred thirty-seven of this\nchapter. Residential mental health treatment units that are either\nresidential mental health unit models or behavioral health unit models\nshall also be in compliance with all provisions of paragraph (m) of\nsubdivision six of section one hundred thirty-seven of this chapter.\n The residential mental health treatment units shall also provide the\nadditional mental health treatment, services, and programming delineated\nin this section. The administration and operation of programs\nestablished pursuant to this section shall be the joint responsibility\nof the commissioner of mental health and the commissioner. The\nprofessional mental health care personnel, and their administrative and\nsupport staff, for such programs shall be employees of the office of\nmental health. All other personnel shall be employees of the department.\n 2. (a) (i) In exceptional circumstances, a mental health clinician, or\nthe highest ranking facility security supervisor in consultation with a\nmental health clinician who has interviewed the incarcerated individual,\nmay determine that an incarcerated individual's access to out-of-cell\ntherapeutic programming and/or mental health treatment in a residential\nmental health treatment unit presents an unacceptable risk to the safety\nof incarcerated individuals or staff. Such determination shall be\ndocumented in writing and such incarcerated individual may be removed to\na residential rehabilitation unit that is not a residential mental\nhealth treatment unit where alternative mental health treatment and/or\nother therapeutic programming, as determined by a mental health\nclinician, shall be provided.\n (ii) Any determination to restrict out-of-cell therapeutic programming\nand/or mental health treatment shall be reviewed at least every fourteen\ndays by the joint case management committee or, if no such committee is\navailable, by the treatment team assigned to the incarcerated\nindividual's residential mental health treatment unit.\n (iii) The determination whether to restrict out-of-cell therapeutic\nprogramming and/or mental health treatment shall take into account the\nincarcerated individual's mental condition and any safety and security\nconcerns that would be posed by the incarcerated individual's access to\nsuch out-of-cell therapeutic programming. The joint case management\ncommittee or treatment team shall recommend that the incarcerated\nindividual shall have access to out-of-cell therapeutic programming\nand/or mental health treatment unless in exceptional circumstances such\naccess would pose an unacceptable risk to the safety of the incarcerated\nindividual or other persons. Such recommendation shall be reviewed by\nthe facility superintendent, and if the superintendent makes a\ndetermination not to accept such recommendation, the matter shall be\nreferred to the joint central office review committe
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.