This bill requires the New York City Police Department to create a report when an officer arrests any person who appears to suffer from a mental illness, or when any person they arrest is treated at a hospital. These reports must be promptly sent to the Department of Health and Mental Health (“DOHMH”), and the DOHMH must use these reports in evaluating any such person who is admitted to the custody of the Department of Correction (“DOC”). The bill also requires the DOHMH to screen every person scheduled for arraignment in a criminal court for possible mental health issues, and to utilize a report of such screening in evaluating any such person who is admitted to the custody of the DOC. The bill also requires the DOHMH to request and maintain any pertinent medical records of any inmate admitted to DOC custody.
- Introduced
History
Int. No.
By Council Member Cohen
A Local Law to amend the administrative code of the city of New York, in relation to requiring arrestee mental health screenings and the exchange of health information of inmates in the custody of the department of correction
Be it enacted by the Council as follows:
Section 1. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-158 to read as follows:
§ 14-158 Arrestee health information.
a. Definitions. When used in this section, the following terms shall have the following meanings:
“Arrestee” means any person in the custody of the department.
“Health care provider” means any person licensed under federal or New York state law to provide medical or emergency services, including but not limited to doctors, nurses and emergency room personnel.
“Medical treatment form” means a report prepared by the New York city police department documenting any injury suffered by an arrestee which requires medical treatment, including but not limited to a description of the injury.
“Symptoms of a mental illness” means behavior that an employee of the department reasonably believes is likely to have been caused by a mental illness or mental health issue, and does not require any special medical or other training to identify.
b. Arrestee mental health report. Whenever an arrestee exhibits symptoms of a mental illness, the department shall create a report. Such report shall include a brief description of the arrestee’s symptoms, and the arrestee’s name and any other identifying information regarding that arrestee, including but not limited to the arrestee’s New York state identification number and date of birth. Such report must be prepared only if an arrestee is held in the custody of the department until arraignment.
c. Arrestee hospital notification. Whenever an arrestee is treated by a health care provider while in the custody of the department, the department shall create a report. Such report shall include a brief description of the arrestee’s medical condition, and the arrestee’s name and any other identifying information regarding that arrestee, including but not limited to the arrestee’s New York state identification number and date of birth.
d. Arrestee health information exchange. All records made pursuant to subdivision b of this section shall be transmitted to the department of health and mental health within 2 hours of transferring custody of such arrestee to a local criminal court for arraignment. All records made pursuant to subdivision c of this section shall be transmitted to the department of health and mental health within 10 hours of the completion of the health care provider’s medical care. The department shall also transmit any other documentation prepared by the department regarding the health of an arrestee, including but not limited to a medical treatment of prisoner form, to the department of health and mental health within 2 hours the completion of any such documentation.
§ 2. Title 17 of the administrative code of the city of New York is amended by adding a new chapter 18 to read as follows:
Chapter 18
Police and Inmate Healthcare Information Sharing Act
§17-1801 Definitions.
§17-1802 Arrestee mental health screening
§ 17-1803 Arrestee mental health information exchange
§ 17-1804 Inmate health information request
§ 17-1805 Inmate health information policy
§ 17-1806 Inmate health information exchange
§ 17-1801 Definitions. For the purposes of this chapter, the following terms shall have the following meanings:
“Arrestee” means any person in the custody of the New York city police department.
“Health care provider” means any person licensed under federal or New York state law to provide medical or emergency services, including but not limited to doctors, nurses and emergency room personnel.
“Health evaluation” means any evaluation of an inmate’s health and/or mental health upon their admission to the custody of the department of correction pursuant to minimum standards of inmate care established by the board of correction.
“Inmate” means any inmate in the custody of the New York city department of correction.
“Screened” means evaluated by a health care provider trained on the identification of mental illnesses for the purpose of identifying potential mental health issues.
§ 17-1802 Arrestee mental health screening. Every arrestee scheduled for arraignment at a local criminal court shall be screened. The department shall oversee such screening.
§ 17-1803 Arrestee mental health information exchange. For any arrestee identified as having a possible mental health issue pursuant to section 17-1802 of this chapter, the department shall prepare a report regarding such arrestee. Such report shall include a description of such arrestee’s mental health issues, and such arrestee’s name and any other identifying information regarding that arrestee, including but not limited to the arrestee’s New York state identification number and date of birth.
§ 17-1804 Inmate health information request. The department shall request the medical records of any inmate identified in any report provided to the department pursuant to subdivision c of section 14-155 of the administrative code. Such request shall be limited to medical records prepared during the inmate’s treatment immediately preceding their incarceration, and if such records are unreasonably voluminous such request may be limited to only information necessary for the inmate’s medical treatment while in the custody of the department.
§ 17-1805 Inmate health information policy. The department shall establish a policy to request pertinent medical records of any inmate identified in section 17-803 of this chapter maintained by any health care provider. Such policy shall establish protocols for determining when such requests would reasonably assist the inmate’s medical care, and for distributing such records to appropriate medical personnel.
§ 17-806 Inmate health information exchange. The department shall make available for an inmate’s health evaluation reports and records maintained by the department pursuant to sections 17-803 and 17-804 of this chapter, and reports and records provided by the New York city police department pursuant to section 14-157 of the administrative code. The department shall make available such records and reports, and medical records maintained by the department pursuant to section 17-805 of this chapter, to any health care provider operating within the department of correction.
§ 3. Severability. If any word, clause, sentence, or provision of this local law shall be adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, or provision directly involved in the controversy in which such judgment shall have been rendered.
§ 4. This local law takes effect 6 months after it becomes law.
LS #2714
BC
6/19/2015