Prohibits county correction officers from dispensing medications to incarcerated individuals on the premises of a local correctional facility; provides that corrections officers or staff may dispense or administer medications during a medical emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3565B
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting county
correction officers from dispensing medications to incarcerated individ-
uals on the premises of a local correctional facility
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit county correction officers from dispensing or administering
medication to incarcerated individuals.
SUMMARY OF PROVISIONS:
Section 1 of this bill adds a new subdivision 6 to section 505 of the
Correction Law as it relates to the provision of routine medical,
dental, and mental health services and treatment, prohibiting correction
officers in local correctional facilities from dispensing or administer-
ing medication to incarcerated individuals on the premises of a local
correctional facility except in circumstances where an individual needs
emergency treatment for an opioid overdose.
Section 2 of this bill is the effective date as immediately.
JUSTIFICATION:
The current system of medication distribution within New York state's
county-run correctional facilities demands a significant reevaluation
for incarcerated individuals' care and safety. Presently, in nine of the
sixty-two counties throughout the state, correctional officers find
themselves in the unexpected role of dispensing and administering medi-
cations to those in their charge. This includes not only the simple act
of handing out various medications but also overseeing self-injections,
such as those required for insulin treatment, all without any medical
professional supervision or training in medication administration. This
practice is in direct contradiction to the professional code of Correc-
tional Officers, who should primarily focus on facility security.To
rectify this situation, it is imperative to shift the responsibility of
medication distribution to trained medical professionals. Doing so would
ensure that incarcerated individuals receive the healthcare they deserve
from those equipped to provide it, especially in cases involving
injections. Medical professionals possess the necessary expertise to
address health-related inquiries and manage potential crises effec-
tively. Therefore, the proposed bill seeks to prohibit co unty correc-
tional officers from dispensing medication to incarcerated individuals,
emphasizing the vital need for their care to be overseen by medical
experts. This change is essential to guarantee the safety and well-being
of those in custody, aligning with the principle that incarcerated indi-
viduals should receive healthcare from qualified professionals.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3565--B
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. SANTABARBARA, COLTON, STECK, O'PHARROW, HEVESI,
DAVILA -- read once and referred to the Committee on Correction --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the correction law, in relation to prohibiting county
correction officers from dispensing medications to incarcerated indi-
viduals on the premises of a local correctional facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 505 of the correction law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. County correction officers in local correctional facilities shall
4 not dispense or administer medications to incarcerated individuals on
5 the premises of a local correctional facility, as defined in subdivision
6 sixteen of section two of this chapter. This subdivision shall not,
7 however, impede county correction officers or staff from dispensing or
8 administering medications to incarcerated individuals during a medical
9 emergency.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05102-05-5
