Provides for the creation and maintenance of digital records for each incarcerated individual which includes all medical records, including but not limited to mental health records and results of drug or alcohol tests, work records and evaluations, conduct records and programming records.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4042
SPONSOR: Gibbs
 
TITLE OF BILL:
An act to amend the correction law, in relation to providing for the
creation and maintenance of digital records for each incarcerated indi-
vidual
 
PURPOSE OR GENERAL IDEA OF BILL:
Provides for the creation and maintenance of digital records for each
incarcerated individual.
 
SUMMARY OF PROVISIONS:
Section 1 Section 112 of the correction law is amended by adding a new
subdivision 6. To Establish and maintain a digital record of all medical
records, mental health records and results of drug or alcohol tests,
work records and evaluations, conduct records and programing records,
pertaining to each incarcerated individual in the state.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not Applicable
 
JUSTIFICATION:
The New York State Department of Corrections and Community Supervision
ensures that incarcerated individual's health records are confidential
and does not allow the release of such records without the authorization
of said incarcerated individual. However, even after going through all
the proper channels this information and records are sometimes inacces-
sible and not found by the record holder. This bill would create an
oversight to ensure records are being kept and not misplaced or lost.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be Determined
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4042
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to providing for the
creation and maintenance of digital records for each incarcerated
individual
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 112 of the correction law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. The commissioner shall promulgate rules and regulations to estab-
4 lish and maintain a digital record which includes all medical records,
5 including but not limited to mental health records and results of drug
6 or alcohol tests, work records and evaluations, conduct records and
7 programming records, pertaining to each incarcerated individual in the
8 state. The superintendent of each correctional facility shall transmit
9 to the department such records for each incarcerated individual in such
10 facility. Such digital record shall be accessible to such incarcerated
11 individual.
12 § 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law. Effective immediately, the addition, amend-
14 ment and/or repeal of any rule or regulation necessary for the implemen-
15 tation of this act on its effective date are authorized to be made and
16 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07953-01-3