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Bill

A 10242

Relates to former patients interred at present and former state mental health hospital cemeteries

2025 Regular Session Introduced by Sam Berger and 9 co-sponsors

Establishes protocols for documenting and respectfully managing remains of former patients interred at New York state mental health hospital cemeteries.

PRINT NUMBER 10242A
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Bill Summary · A 10242

Legislative bill overview

Bill A 10242 addresses the remains of former patients buried in cemeteries at New York's state mental health hospitals, both currently operational and closed facilities. The bill establishes procedures and protections regarding these interred individuals, likely including provisions for documentation, identification, respectful treatment, and potentially access or memorialization of these burial sites.

Why is this important

State mental health hospital cemeteries contain hundreds of unmarked or poorly documented graves of patients who died during institutionalization, often from vulnerable populations with no family to claim their remains. This legislation represents recognition of a historical injustice and aims to establish dignity and accountability for individuals who were frequently buried with minimal ceremony or record-keeping during decades of institutional care.

Potential points of contention

  • Cost and resource allocation: Identifying, documenting, and properly maintaining these cemetery sites requires significant funding and ongoing commitments that may compete with other mental health spending priorities
  • Liability concerns: Formal acknowledgment and improved documentation could expose the state to legal claims from families or advocates regarding past treatment and burial conditions
  • Scope and implementation: Disagreement may arise over which hospitals are included, what "proper treatment" of remains entails, whether exhumation or reburial is required, and who decides these matters

Compiled from official sources — confirm details with the bill’s official record.

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