Bill 840-A was signed by Governor Andrew Cuomo, and became law on August 18, 2016. Unfortunately, after reading this new law, unless I have interpreted it incorrectly, it looks nothing like the broad scoped original bill that I had proposed to Kate Munzinger, Senator Joseph Robach’s Chief of Staff, on August 22, 2011. Tim Ragazzo wrote the bill, and Senator Joseph Robach, introduced it to the New York State Senate on March 23, 2012. Even though I initiated the original bill S6805-2011-12, which you can read below, it was changed without my knowledge into something that I do not recognize. Sadly, I cannot take any credit for this new law as I had nothing to do with it. The narrow scope of this law implies that the names of tens of thousands of patients who died in New York State Hospitals/Asylums of the past, will NOT be released to the public; they will remain anonymous unless EACH former state hospital has a “CEMETERY ORGANIZATION” and even then they will be released “ONLY FOR THE PURPOSE OF INSCRIBING THE NAME OR DATE ON A GRAVE MARKER.” So much for finding out who is buried in the Kings Park State Hospital Cemetery which is now being used as a youth baseball field! I wasted more than eight years of my life writing letters, talking to representatives, writing a book, and blogging, for nothing.

Photo by Roger Luther at http://www.nysAsylum.com

“STATE OF NEW YORK 840-A, 2015-2016 Regular Sessions, IN SENATE (PREFILED) January 7, 2015, Introduced by Sen. ROBACH — read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities — reported favorably from said committee and committed to the Committee on Finance — committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to patients interred at state mental health hospital cemeteries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.   Section 7.09 of the mental hygiene law is amended by adding a new subdivision (k) to read as follows:

(K) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, ON REQUEST BY A REPRESENTATIVE OF A CEMETERY ORGANIZATION OR FUNERAL ESTABLISHMENT, THE COMMISSIONER AND DIRECTORS OF OFFICE FACILITIES SHALL RELEASE TO THE REPRESENTATIVE THE NAME, DATE OF BIRTH, OR DATE OF DEATH OF A PERSON WHO WAS A PATIENT AT THE FACILITY WHEN THE PERSON DIED, UNLESS THE PERSON OR THE PERSON’S GUARDIAN PROVIDED WRITTEN INSTRUCTIONS TO THE FACILITY NOT TO RELEASE SUCH PERSON’S NAME OR DATES OF BIRTH AND DEATH. A REPRESENTATIVE OF A CEMETERY ORGANIZATION OR A FUNERAL ESTABLISHMENT MAY USE A NAME OR DATE RELEASED UNDER THIS SUBDIVISION ONLY FOR THE PURPOSE OF INSCRIBING THE NAME OR DATE ON A GRAVE MARKER.

S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.”
SOURCE: https://www.nysenate.gov/legislation/bills/2015/s840/amendment/a

03-The Asylum Officials-Wayne E. Morrison, Sr. 1978

Here is Original Bill: 6805-2011

“STATE OF NEW YORK 6805 IN SENATE, March 23, 2012, Introduced by Sen. ROBACH — read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to patients interred at state mental health hospital cemeteries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The mental hygiene law is amended by adding a new section 33.27 to read as follows:

S 33.27 RELEASE OF CERTAIN PATIENTS’ NAMES AND DATES OF BIRTH AND DEATH.

(A) TO MARK HEADSTONES OR OTHERWISE MEMORIALIZE PATIENTS INTERRED AT STATE MENTAL HEALTH HOSPITAL CEMETERIES, THE DEPARTMENT OF MENTAL HYGIENE SHALL MAKE AVAILABLE THE NAME, DATE OF BIRTH AND DATE OF DEATH OF PATIENTS BURIED IN STATE MENTAL HEALTH HOSPITAL CEMETERIES FIFTY YEARS AFTER THE DEATH OF A PATIENT.

(B) FOR THE PURPOSES OF THIS SECTION, THE TERM “STATE MENTAL HEALTH HOSPITALS” SHALL MEAN ANY STATE-FUNDED INSTITUTION TO CARE FOR AND HELP TREAT THE MENTALLY ILL OR DEVELOPMENTALLY DISABLED IN NEW YORK STATE. SUCH TERM SHALL INCLUDE, BUT NOT BE LIMITED TO FORMER ASYLUMS FOR THE INSANE, SUCH AS THE NEW YORK STATE LUNATIC ASYLUM, UTICA STATE HOSPITAL, WILLARD ASYLUM FOR THE INSANE, WILLARD STATE HOSPITAL, NEW YORK STATE INEBRIATE ASYLUM, BINGHAMTON ASYLUM FOR THE CHRONIC INSANE, BINGHAMTON STATE HOSPITAL, BUFFALO STATE ASYLUM FOR THE INSANE, NEW YORK STATE ASYLUM FOR THE INSANE, BUFFALO STATE HOSPITAL, NEW YORK STATE ASYLUM FOR IDIOTS AND THE ASYLUM FOR IDIOTS IN ALBANY.

S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13640-01-1” SOURCE: https://www.nysenate.gov/legislation/bills/2011/s6805/amendment/original

Utica Crib 2

Here is Original Bill: 840-2015

“STATE OF NEW YORK 840 IN SENATE 2015-2016 Regular Sessions, IN SENATE (PREFILED), January 7, 2015, Introduced by Sen. ROBACH — read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to patients interred at state mental health hospital cemeteries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The mental hygiene law is amended by adding a new section 33.27 to read as follows:

S 33.27 RELEASE OF CERTAIN PATIENTS’ NAMES AND DATES OF BIRTH AND DEATH.

(A) TO MARK HEADSTONES OR OTHERWISE MEMORIALIZE PATIENTS INTERRED AT STATE MENTAL HEALTH HOSPITAL CEMETERIES, THE DEPARTMENT SHALL MAKE AVAILABLE THE NAME, DATE OF BIRTH AND DATE OF DEATH OF PATIENTS BURIED IN STATE MENTAL HEALTH HOSPITAL CEMETERIES FIFTY YEARS AFTER THE DEATH OF A PATIENT.

(B) FOR THE PURPOSES OF THIS SECTION, THE TERM “STATE MENTAL HEALTH HOSPITALS” SHALL MEAN ANY STATE-FUNDED INSTITUTION TO CARE FOR AND HELP TREAT THE MENTALLY ILL OR DEVELOPMENTALLY DISABLED IN NEW YORK STATE. SUCH TERM SHALL INCLUDE, BUT NOT BE LIMITED TO FORMER ASYLUMS FOR THE INSANE, SUCH AS THE NEW YORK STATE LUNATIC ASYLUM, UTICA STATE HOSPITAL, WILLARD ASYLUM FOR THE INSANE, WILLARD STATE HOSPITAL, NEW YORK STATE INEBRIATE ASYLUM, BINGHAMTON ASYLUM FOR THE CHRONIC INSANE, BINGHAMTON STATE HOSPITAL, BUFFALO STATE ASYLUM FOR THE INSANE, NEW YORK STATE ASYLUM FOR THE INSANE, BUFFALO STATE HOSPITAL, NEW YORK STATE ASYLUM FOR IDIOTS AND THE ASYLUM FOR IDIOTS IN ALBANY.

S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03851-01-5”
SOURCE: https://www.nysenate.gov/legislation/bills/2015/s840/amendment/a

The list of these former New York State Hospitals includes but is not limited to: Binghamton, Buffalo, Central Islip, Creedmoor, Dannemora, Edgewood, Gowanda, Hudson River, Kings Park, Long Island, Manhattan, Marcy, Matteawan, Middletown, Mohansic, Pilgrim, Rochester, St. Lawrence, Syracuse, Utica, and Willard. 

The Feeble-Minded (Intellectual Disabilities) and Epileptic Custodial Institutions of New York includes but is not limited to: Craig Colony for Epileptics, Letchworth Village for Epileptics & Intellectually Disabled, Newark State School for Intellectually Disabled Women, Rome State School for Intellectually Disabled Adults & Children, and Syracuse State School for Intellectually Disabled Children. There may be more.