A04336 Summary:
| BILL NO | A04336 |
| SAME AS | SAME AS S02692 |
| SPONSOR | Weprin |
| COSPNSR | Blake |
| MLTSPNSR | |
| Amd §47, Cor L | |
| Requires that the report the correction medical review board issues regarding the death of any inmate be issued to the governor, the chairman of the assembly committee on correction and the chairman of the senate committee on crime victims, crime and correction, and requires that such report shall not be redacted except as otherwise required to protect confidential records. | |
A04336 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the correction law, in relation to the report the correction medical review board is required to issue regard- ing the death of any inmate PURPOSE: This bill provides that the State Commission of Correction shall only redact its death review to the extent required by state and federal law to protect confidential medical and behavioral health records. SUMMARY OF PROVISIONS: Section 1 amends Correction Law (47) (1) (d). Section 2 provides an effective date. JUSTIFICATION: The Assembly and Senate have legislative oversight of state and local correctional facilities. The State Commission of Correction conducts reviews of all inmate deaths in New York correctional facilities and writes reports on the reviews. When the legislature seeks copies of the death reviews, the reports are so heavily redacted it is often impossi- ble to tell what happened or why an inmate died. Instead of redacting words or phrases, entire paragraphs and complete pages are routinely blacked out in the reports provided to members of the legislature. This bill would limit redaction of such reports to the requirements of HIPPA and other laws concerning confidentiality of medical and mental health information. All other information would remain unredacted in the report so that the legislature could understand what is happening in New York correctional facilities in order to perform its duties. LEGISLATIVE HISTORY: 03/03/17 referred to correction 03/23/17 advanced to third reading ca1.165 01/03/18 ordered to third reading cal.453 FISCAL IMPLICATIONS: None LOCAL FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.