Mental Health Association in New York State, Inc.
(Publication Archives)

Friday Fax from Albany

So, Why Didn’t Timothy's Law Pass? In the last week of the 2004 Legislative Session, there was a flurry of activity surrounding Timothy's Law. With the issue receiving tremendous amounts of media attention as one of the priority issues remaining unaddressed as Legislators were preparing to leave Albany, and negotiations showing real promise, the O'Clairs and other Timothy’s Law supporters were filled with a sense of hope.

Then, suddenly, at approximately 1:00 p.m. on the last day of the regular Legislative Session, everything started to spiral south (some would argue, to Mississippi and Arkansas - read the Senate transcript for more on this). The compromise legislation put forward by the Assembly, which the Senate had initially been warm to, was suddenly no longer acceptable.

In addition, the small business community and health insurance industry, proved true advocates' suspicions that they are not open to any kind of compromise. Support Services Alliance, a "small business organization" which happens to be a subsidiary of Excellus Health Plans, one of Timothy’s Law’s most vocal opponents, joined together with a number of small business organizations to issue a press release slamming the Assembly's proposal to issue tax credits to small businesses to offset premium increases.

Then, the coup de grâce. At about 10 p.m., the Senate, on what can best be described as a party line vote, voted down an amendment offered by Senator Thomas Duane that would have substituted Timothy’s Law for the watered down version of parity Senator Thomas Libous introduced. Instead, about 45 minutes later, the Senate passed that parity bill not worthy of bearing Timothy’s name, exempting small businesses and most forms of mental illness, including PTSD and other serious and debilitating conditions.

The next day, the Assembly moved forward and passed the compromise legislation they had offered and the Senate had rejected - essentially Timothy's Law with a 3% tax credit for small businesses. Then, the Assembly did as the Senate had done the night before, and left Albany.

Now, we remain fighting for the Senate and Assembly to resume negotiations and make Timothy's Law a reality. In the meantime, we bring you the following items to show you how Timothy’s Law fared in the Legislature this year, give you an idea of the arguments made for and against Timothy's Law, the votes taken on both versions of Timothy's Law, as well as the Senate's weak parity legislation.

Go to www.mhanys.org/timothyslaw/aboutnotpass.htm to view the following:

Assembly Debate on A.8301 - Timothy's Law - The floor debate on Timothy's Law from its original Assembly passage in March.

Assembly Vote on A.8301 - Timothy's Law - See how your Assemblymember voted on A.8301 - Timothy's Law.

Senate Debate on S.7296-a – The Senate’s June 22nd debate on S.7296-a, Senator Libous' watered down version of mental health parity. This transcript includes debate on Senator Duane's effort to amend the bill with Timothy's Law, as well as a vote record of who supported the proposed amendment.

Senate Vote on S.7296-a - See how your Senator voted on S.7296-a.

Assembly Debate on A.11694 - the Compromise Version of Timothy's Law - Will be posted as soon as it is available to us.

Assembly Vote on A.11694 - the Compromise Version of Timothy's Law - See how Your Assemblymember voted on A.11694.

Special Edition of MHANYS’ 6/22/04 Friday Fax “Senate Majority Defeats Timothy’s Law” - Read about what happened on the last night of the Legislative Session, with some analysis and highlights of the debate.

MHANYS’ 6/25/04 Friday Fax “Thank you, Mr. Tonko. Thank you” - Read about the Assembly debate and some of the highlights of the discussion around passage of A.11694, the compromise version of Timothy's Law.

NYS Senate Due Back July 19th: Though they have yet to announce the agenda of issues they will take up, members of the NYS Senate are due back in Albany on July 19th. At this point, it does not appear that there have been any advancements in the negotiations regarding any of the major outstanding issues left over from the regular session, including Timothy’s Law. However, the O’Clairs remain hopeful that progress toward some agreement on Timothy’s Law will occur.

Please help the O’Clairs in urging the Senate to pass Timothy’s Law. Please call your Senator to urge them to pass Timothy’s Law when they return to Albany on July 19th.

• Call Senator Bruno’s office – (518) 455-3191.
• Call Senator Libous’ office – (518) 455-2677.
• Call your Senator using the Senate switchboard – (518) 455-2800

Let Senators know that the bill they passed in June, S.7296-A is “a far cry from Timothy’s Law,” and urge them to pass S.5329 – Timothy’s Law.

In the News:

Many Youths Reported Held Awaiting Mental Help. By Robert Pear
The New York Times, July 7, 2004

WASHINGTON, July 7 - Congressional investigators said Wednesday that 15,000 children with psychiatric disorders were improperly incarcerated last year because no mental health services were available.

The figures were compiled by the Democratic staff of the House Committee on Government Reform in the first such nationwide survey of juvenile detention centers.

"The use of juvenile detention facilities to warehouse children with mental disorders is a serious national problem,'' said Senator Susan Collins, Republican of Maine, who sought the survey with Representative Henry A. Waxman, Democrat of California.

The study, presented at a hearing of the Senate Committee on Governmental Affairs, found that children as young as 7 were incarcerated because of a lack of access to mental health care. More than 340 detention centers, two-thirds of those that responded to the survey, said youths with mental disorders were being locked up because there was no place else for them to go while awaiting treatment. Seventy-one centers in 33 states said they were holding mentally ill youngsters with no charges.

The 15,000 youths awaiting mental health services accounted for 8 percent of all the youngsters in the responding detention centers.

Dr. Ken Martinez of the New Mexico Department of Children, Youth and Families said the data showed "the criminalization of mental illness'' as "juvenile detention centers have become de facto psychiatric hospitals for mentally ill youth.''

Mental health advocates, prison officials and juvenile court judges all testified and recommended three types of solutions: more community mental health services, financed in part by Medicaid; more cooperation between police officials and mental health agencies; and more extensive insurance coverage.

The witnesses included experts on psychiatry and juvenile justice. Judge Ernestine S. Gray of New Orleans Juvenile Court testified that 70 percent to 85 percent of the youngsters who appeared before the court had mental health or drug problems.

"All too often,'' Judge Gray said, "children charged with delinquent behavior are identified early on as needing mental health services. But because the services are not available, the children are sent back home until there is another violation. After several brushes with the law, the children are incarcerated, so they might have a chance at getting mental health services.''

Leonard B. Dixon, director of the Wayne County Juvenile Detention Facility in Detroit, said mentally ill children were "more difficult to manage, more explosive and more easily agitated.'' "Most juvenile detention centers,'' Mr. Dixon said, "do not have the luxury of separating youth with mental health problems from the general population.''

Carol Carothers, executive director of the Maine chapter of the National Alliance for the Mentally Ill, told of a 13-year-old who was sent to a detention center even though he was suffering depression and had suicidal thoughts. He was held in isolation for 152 of his first 240 days there, Ms. Carothers said. He was sent to the youth center four more times, becoming more depressed and aggressive, and was punished for misbehavior, worsening the symptoms of his mental illness, she added.

Mr. Dixon, who is also president of the National Juvenile Detention Association, a professional organization, described a 16-year-old who was detained after having been accused of stabbing a classmate in the neck with a pencil. The youth was psychotic and severely depressed and had hallucinations, but was held in a detention center for months before going to a psychiatric hospital for treatment, Mr. Dixon said.

Dr. Steven S. Sharfstein, president-elect of the American Psychiatric Association, said: "We are in a much better position to diagnose and treat mental illness in children than we were just 15 years ago. Many kids who get in trouble should be in treatment. But because of the lack of money and the lack of services, they end up in the criminal justice system.''

In an interview, Dr. Sharfstein, who is president of the Sheppard Pratt Health System in Baltimore, said: "It used to be thought that these were bad kids. But many of them are sick and could benefit from treatment such as medications, psychotherapy or therapeutic education - small classes and individualized attention that focuses on learning disabilities.''

In California, 27 centers reported unnecessary incarcerations of youths awaiting mental health services; 19 reported that some of the children had attempted suicide.

Texas had 17 detention centers with children who could have been released if mental health services were available, according to the survey. New Jersey had 13, Florida and Illinois 7 each and New York 4.