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File #: Int 1183-2016    Version: Name: Arrestee health screenings and the exchange of health information of inmates in the custody of the department of correction.
Type: Introduction Status: Enacted
Committee: Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services
On agenda: 5/25/2016
Enactment date: 10/18/2016 Law number: 2016/124
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring arrestee health screenings and the exchange of health information of inmates in the custody of the department of correction
Sponsors: Andrew Cohen, Margaret S. Chin, Rosie Mendez, James G. Van Bramer, Ruben Wills, Brad S. Lander, Stephen T. Levin, Ben Kallos, Inez D. Barron
Council Member Sponsors: 9
Summary: This bill requires the New York City Police Department to create a report when a person who is arrested is treated at a hospital while under arrest. These reports must be promptly sent to the Department of Health and Mental Health (“DOHMH”) if the arrested person is taken into the custody of the Department of Correction (“DOC”). The bill also requires the DOHMH or its designee to screen every person scheduled for arraignment in a criminal court for possible medical or mental health issues, and to make reports of such screenings available to healthcare providers operating on inmates in DOC custody. The bill also requires the DOHMH to establish procedures to obtain medical records from inmates created while such inmates were in police custody.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1183-A, 3. Summary of Int. No. 1183, 4. Int. No. 1183 - 5/25/16, 5. Int. No. 1183 - 5/25/16, 6. May 25, 2016 - Stated Meeting Agenda with Links to Files, 7. Committee Report 5/26/16, 8. Hearing Testimony 5/26/16, 9. Hearing Transcript 5/16/16, 10. Proposed Int. No. 1183-A - 9/22/16, 11. Committee Report 9/22/16, 12. Hearing Transcript 9/22/16, 13. September 28, 2016 - Stated Meeting Agenda with Links to Files, 14. Fiscal Impact Statement, 15. Int. No. 1183-A (FINAL), 16. Hearing Transcript - Stated Meeting 9-28-16, 17. Mayor's Letter, 18. Minutes of the Stated Meeting - September 28, 2016, 19. Local Law 124
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/19/2016AAndrew Cohen City Council Recved from Mayor by Council  Action details Meeting details Not available
10/18/2016AAndrew Cohen Mayor Signed Into Law by Mayor  Action details Meeting details Not available
10/18/2016AAndrew Cohen Mayor Hearing Held by Mayor  Action details Meeting details Not available
9/28/2016AAndrew Cohen City Council Sent to Mayor by Council  Action details Meeting details Not available
9/28/2016AAndrew Cohen City Council Approved by CouncilPass Action details Meeting details Not available
9/22/2016*Andrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Hearing Held by Committee  Action details Meeting details Not available
9/22/2016*Andrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Amendment Proposed by Comm  Action details Meeting details Not available
9/22/2016*Andrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Amended by Committee  Action details Meeting details Not available
9/22/2016AAndrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Approved by CommitteePass Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Fire and Criminal Justice Services Laid Over by Committee  Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Fire and Criminal Justice Services Hearing Held by Committee  Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Health Laid Over by Committee  Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Health Hearing Held by Committee  Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Laid Over by Committee  Action details Meeting details Not available
5/26/2016*Andrew Cohen Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services Hearing Held by Committee  Action details Meeting details Not available
5/25/2016*Andrew Cohen City Council Referred to Comm by Council  Action details Meeting details Not available
5/25/2016*Andrew Cohen City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1183-A

 By Council Members Cohen, Chin, Mendez, Van Bramer, Wills, Lander, Levin, Kallos and Barron

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring arrestee 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. Section 14-155 of the administrative code of the city of New York, as added by local law number 55 for the year 2016, is renumbered section 14-162.

§ 2. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-163 to read as follows:

§ 14-163 Arrestee health information.

a. Definitions. When used in this section, the following terms shall have the following meanings:

Arrestee. The term “arrestee” means any person under custodial arrest by the department, other than a person whose arrest results in the issuance of a summons or desk appearance ticket.

Health care provider. The term “health care provider” means any person licensed or certified under federal or New York state law to provide medical services, including but not limited to doctors, nurses and emergency personnel.

b. Medical treatment report. 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, to the extent known by the department, the arrestee’s name and other identifying information regarding that arrestee, including but not limited to the arrestee’s New York state identification number and date of birth, when available, and identity of the health care provider.  Such report shall be transmitted to the department of health and mental hygiene or its designee whenever an arrestee is taken into the custody of the department of correction.

§ 3. 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 Correctional Healthcare Evaluation and Sharing

 

§ 17-1801 Definitions. For the purposes of this chapter, the following terms shall have the following meanings:

Arrestee. The term “arrestee” has the same meaning as set forth in subdivision a of section 14-163.

Health care provider. The term “health care provider” means any person licensed or certified under federal or New York state law to provide medical  services, including but not limited to doctors, nurses and emergency personnel.

Health evaluation. The term “health evaluation” means any evaluation of an inmate’s health and 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. The term “inmate” means any person in the custody of the New York city department of correction.

Screened. The term “screened” means evaluated by a health care provider.

§ 17-1802 Arrestee health screening. Every arrestee held at the central booking area of a local criminal court prior to their arraignment at such court shall be screened for medical or mental health conditions that may require immediate attention. The department or its designee shall oversee such screening.

§ 17-1803 Inmate health information from screening. The department or its designee shall establish procedures to make available reports received from the New York city police department pursuant to section 14-163 to any health care provider in a department of correction facility conducting a health evaluation, at such time as a health evaluation is conducted.

§ 17-1804 Inmate health information exchange. The department or its designee shall establish procedures to obtain the pre-arraignment screening record created pursuant to section 17-1802 and any medical records created and maintained by any hospital in connection with treatment provided to an arrestee who subsequently enters the custody of the department of correction, at the request of any health care provider conducting a health evaluation of such inmate.

§ 3. This local law takes effect 6 months after it becomes law.

LS #2714

BC

9/6/16