Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6058A
SPONSOR: Solages TITLE OF BILL:
An act to amend the correction law, in relation to requiring mental
health services for incarcerated individuals with mental health issues
related to the trauma of incarceration
PURPOSE:
To require mental health services for incarcerated individuals with
post-traumatic prison disorder.
SUMMARY:
Section 1. Names the act.
Section 2. Amends section 71-a of the correction law, as amended by
chapter 322 of the laws of 2021.
Section 3. Amends Section 78 of the correction law, as added by section
81-b of part WWW of chapter 59 of the laws of 2017.
Section 4. Requires the department of corrections and community super-
vision to submit a one-time report.
Section 5. Sets the effective date.
JUSTIFICATION:
Post-traumatic stress disorder (PTSD) is a stress-sensitive disorder
that can lead to significant morbidity and impairment. It is one of the
most prevalent mental health conditions resulting from direct or indi-
rect exposure to life-threatening events, serious injury, or sexual
assault. PTSD is identified by four key symptoms: (1) persistent intru-
sive thoughts or a re-experiencing of the event; (2) avoidance of stimu-
li associated with the event; (3) negative cognitions and mood such as
emotional numbing and detachment from others; and (4) changes in arousal
or reactivity such as hypervigilance, irritability, exaggerated startle
response, or self-destructive reckless behavior.
Incarcerated individuals may develop severe trauma, hindering their
ability to successfully re-enter society and undergo rehabilitation.
This trauma can create barriers to recovery. However, by providing
essential mental health screening and therapy to those experiencing
post-traumatic prison disorder, individuals can increase their chances
of rebuilding productive and self-sufficient lives. This bill adds
mental health treatment to include post-traumatic prison disorder within
an incarcerated individual's transitional accountability plan.
RACIAL JUSTICE IMPACT:
Extensive evidence demonstrates unequal incarceration rates based on
race and ethnicity. According to nationwide arrest data and trends,
"Black individuals are 3.5 times more likely to be incarcerated in jail
and nearly five times more likely to be incarcerated in prison nation-
wide" than their white counterparts. Despite people of color being more
frequently involved in the criminal legal system, studies indicate that
they are less likely to be appropriately recognized as having a mental
health issue and are also less likely to receive adequate treatment
while incarcerated. The U.S. surgeon general's report on mental health
indicates that people of color face greater barriers to accessing mental
health services, are less likely to receive necessary care, and are more
likely to receive substandard treatment within community mental health
care than white individuals
1. With this bill, mental health reentry
services will be required in an incarcerated individual's transitional
accountability plan which will include services such as mental health
and trauma screenings, behavioral health screenings, and clinical inter-
vention for post-traumatic prison disorder.
GENDER JUSTICE IMPACT:
The Urban Institute conducted a study in 2020 highlighting the urgent
need for better services and increased awareness for women within the
prison system. The study found that incarcerated women had a lifetime
prevalence of PTSD of 53 percent, compared to 10 percent in the general
population. Additionally, women are more likely than men to have experi-
enced violence and/or sexual victimization before being incarcerated,
and this sexual violence often continues in the prison system. Research
cited in the study indicated that although women only accounted for 7
percent of the incarcerated population in the US between 2009 and 2011,
they represented 22 percent of the victims of assault committed by other
inmates, and 33 percent of the assaults committed by facility staff in
state and federal prisons (2).
Transgender individuals are disproportionately affected by discrimi-
nation and trauma during their incarceration. According to a study
conducted by the Center for Evidence-Based Corrections at the University
of California, Irvine, transgender prisoners are 13 times more likely to
experience sexual assault compared to other prisoners, resulting in a
higher likelihood of developing severe post-traumatic stress disorder.
Additional studies have shown that the prevalence of PTSD among trans-
gender individuals ranges from 18% to 61%, which is significantly higher
than the estimated 6.8% in the U.S. general adult population. Overall,
transgender individuals report greater severity and frequency of
emotional numbing, behavioral avoidance, and physiological arousal in
comparison to non-transgender individuals (3).
LEGISLATIVE HISTORY:
2022: A10703; referred to correction.
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
(1) NAMI National Alliance on Mental Illness https://www.nami.org/Blo
gs/NAMI-Blog/July-2019/Racial-Disparities-in-Mental-Health-and-Cri
minal-Justice
(2) Felony Murder Elimination Project https://www.endfmrnow.org/trauma-
and-wom en-in-prison :-:text=The%201ifetim e%20preval en
ce%20of3/02OPTSD,percent%20in%20the%20general%2Opopulation.
(3) PMC PubMed Central
https://www.ncbi.nlm.nih.gov/prnc/articles/PMC4981566/
STATE OF NEW YORK
________________________________________________________________________
6058--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 31, 2023
___________
Introduced by M. of A. SOLAGES, L. ROSENTHAL -- read once and referred
to the Committee on Correction -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to requiring mental
health services for incarcerated individuals with mental health issues
related to the trauma of incarceration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Shawanna's law (W76337)".
3 § 2. Section 71-a of the correction law, as amended by chapter 322 of
4 the laws of 2021, is amended to read as follows:
5 § 71-a. Transitional accountability plan. 1. Upon admission of an
6 incarcerated individual committed to the custody of the department under
7 an indeterminate or determinate sentence of imprisonment, the department
8 shall develop a transitional accountability plan. Such plan shall be a
9 comprehensive, dynamic and individualized case management plan based on
10 the programming and treatment needs of the incarcerated individual. The
11 purpose of such plan shall be to promote the rehabilitation of the
12 incarcerated individual and their successful and productive reentry and
13 reintegration into society upon release. To that end, such plan shall be
14 used to prioritize programming and treatment services for the incarcer-
15 ated individual during incarceration and any period of community super-
16 vision. The commissioner may consult with the office of mental health,
17 the office of [alcoholism and substance abuse] addiction services and
18 supports, the board of parole, the department of health, and other
19 appropriate agencies in the development of transitional case management
20 plans.
21 2. Mental health reentry services shall be included in an incarcerated
22 individual's transitional accountability plan. Such mental health
23 reentry services shall begin the first week upon admission of an incar-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02966-05-3
A. 6058--A 2
1 cerated individual to a correctional facility and such services shall be
2 provided by licensed therapists, psychiatrists, psychologists, social
3 workers, or nurses in permanent competitive positions in the classified
4 service of the state who specialize in trauma and utilize culturally
5 sensitive techniques. Mental health reentry services shall include, but
6 not be limited to: (i) behavioral health screening and assessment; (ii)
7 clinical intervention for any mental health issues related to the trauma
8 of incarceration; (iii) mental health and trauma screenings within sixty
9 days of being committed to the custody of the department. Where an
10 incarcerated individual would benefit from trauma oriented therapy, the
11 mental health reentry services shall include trauma oriented therapy.
12 If an incarcerated individual is at a facility which cannot provide
13 proper mental health reentry services to the incarcerated individual,
14 the incarcerated individual shall be transferred within seven days to a
15 facility with the capacity to provide the incarcerated individual with
16 his or her proper mental health reentry services.
17 3. The department shall invest, develop and adopt policies and proce-
18 dures to create training for all prison personnel for basic competencies
19 in mental health trauma as a result of incarceration.
20 4. The department shall submit a report including, but not limited to,
21 the number of incarcerated individuals screened for mental health and
22 trauma and the number of incarcerated individuals receiving therapy or
23 clinical intervention with information on the types of therapy or clin-
24 ical intervention such incarcerated individuals are receiving to the
25 governor, the temporary president of the senate, and the speaker of the
26 assembly no later than December thirty-first of each year.
27 § 3. Section 78 of the correction law, as added by section 81-b of
28 part WWW of chapter 59 of the laws of 2017, is amended to read as
29 follows:
30 § 78. Discharge plans. (a) The department, in consultation with the
31 office of children and family services, shall provide discharge plans
32 for juvenile offenders and adolescent offenders who are released to
33 parole or post-release supervision, which are tailored to address their
34 individual needs. Such plans shall include services designed to promote
35 public safety and the successful and productive reentry of such adoles-
36 cents into society.
37 (b) The department shall provide discharge plans for all incarcerated
38 individuals which are tailored to address the incarcerated individual's
39 individual needs upon reentry and reintegration into society upon
40 release. Such discharge plans shall include, but not be limited to:
41 (i) Completed Medicaid enrollment, if eligible;
42 (ii) Medications sufficient to allow the incarcerated individual to
43 transition to a post-release location; and
44 (iii) Written coordination between the department and health care
45 providers including, but not limited to, the transfer of patient records
46 to a health care provider for the service of the releasee.
47 (c) An incarcerated individual who receives clinical intervention for
48 trauma related to incarceration under section seventy-one-a of this
49 article shall receive the following upon reentry and reintegration into
50 society upon release:
51 (i) Mental health services;
52 (ii) Therapeutic programs including nontraditional therapies like
53 yoga, meditation, and physical therapy;
54 (iii) Family counseling;
55 (iv) Alcohol and substance abuse disorder treatment services;
56 (v) HIV/AIDS services;
A. 6058--A 3
1 (vi) Education and vocational training;
2 (vii) Housing information;
3 (viii) Job placement information; and
4 (ix) Money management assistance.
5 § 4. The department of corrections and community supervision shall
6 submit a report on the state of mental health care services in the
7 corrections system, including local jails, which shall include, but not
8 be limited to, an assessment of the degree to which the federal
9 substance abuse and mental health services administration's guidance for
10 trauma-informed approach to mental health has been implemented to the
11 governor, the temporary president of the senate, and the speaker of the
12 assembly no later than December 31, 2024.
13 § 5. This act shall take effect on the ninetieth day after it shall
14 have become a law. Effective immediately, the addition, amendment
15 and/or repeal of any rule or regulation necessary for the implementation
16 of this act on its effective date are authorized to be made and
17 completed on or before such effective date.
