A4587-2011 Actions

• Jan 4, 2012: referred to correction
• Feb 4, 2011: referred to correction

A4587-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4587
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 4, 2011
 
 Introduced  by M. of A. CASTRO -- Multi-Sponsored by -- M. of A. BARRON,
 HIKIND -- read once and referred to the Committee on Correction
 

AN ACT to amend the correction  law,  in  relation  to  prohibiting  sex
 offender  treatment programs from requiring that inmates or applicants
 for such program admit guilt to any crime as a prerequisite for admis
 sion into such program
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 622 of the correction law, as added by chapter 7 of
 the laws of 2007, is amended to read as follows:

 

S  622.  Sex  offender treatment program. 1. The department shall make
 available a sex offender treatment program for  those  inmates  who  are
 serving sentences for felony sex offenses, or for other offenses defined
 in  subdivision  (p) of section 10.03 of the mental hygiene law, and are
 identified as having a need for such program in accordance with sections
 eight hundred three and eight hundred five of this chapter. In  develop
 ing the treatment program, the department shall give due regard to stan
 dards, guidelines, best practices, and qualifications recommended by the
 office of sex offender management. The department shall make such treat
 ment  programs  available  sufficiently  in  advance  of the time of the
 inmate's consideration by the case  review  team,  pursuant  to  section
 10.05  of  the mental hygiene law, so as to allow the inmate to complete
 the treatment program prior to that time.
 2. The primary purpose of the program shall be to reduce  the  likeli
 hood  of  reoffending by assisting such offenders to control their chain
 of behaviors that lead to sexual offending. The length of  participation
 for each inmate to achieve successful completion shall be dependent upon
 the  initial assessment of the inmate's specific needs and the degree of
 progress made by the inmate as a participant but shall not be less  than
 six months.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02997-01-1
 
       A. 4587                             2
 3.   THE DEPARTMENT'S SEX OFFENDER TREATMENT PROGRAM SHALL NOT REQUIRE
 AN INMATE OR APPLICANT FOR SUCH TREATMENT PROGRAM TO MAKE  AN  ADMISSION
 OF  GUILT TO ANY CRIME AS A PREREQUISITE FOR ADMISSION TO SUCH TREATMENT
 PROGRAM. THE DEPARTMENT SHALL PROMULGATE RULES AND ESTABLISH  PROCEDURES
 FOR  ENSURING  THAT  PARTICIPANTS IN SUCH TREATMENT PROGRAM ARE AFFORDED
 PRIVACY AND SAFETY THROUGHOUT THE COURSE OF THEIR TREATMENT.
 4. The department's sex offender treatment program shall include resi
 dential programs, which shall require that at each correctional facility
 where the residential program is provided, inmate participants shall  be
 housed  within  the  same  housing  area  in order to provide clinically
 appropriate treatment, and to provide a more structured  and  controlled
 setting.
 [4.]  5.  Each  residential  program  shall be staffed with a licensed
 psychologist who shall provide clinical  supervision  to  the  treatment
 staff,  review,  approve  and  modify treatment plans as appropriate for
 individual  inmates,  provide  clinical  assessments  for  participating
 inmates,  observe  and  participate in group sessions and make treatment
 recommendations. Each residential program shall also be staffed  with  a
 licensed  clinical social worker or other mental health professional who
 shall be knowledgeable about the administration of  testing  instruments
 that  are designed to measure the degree of a sex offender's psychopathy
 and his or her program needs. The assigned licensed  psychologist  shall
 also be knowledgeable about the application of such testing instruments.
 [5.]  6.  Any  inmate committed to the custody of the department on or
 after the effective date of this section for a felony  sex  offense,  or
 for any of the other offenses listed in subdivision (p) of section 10.03
 of  the  mental hygiene law, shall, as soon as practicable, be initially
 assessed by staff of the office of mental health who shall be knowledge
 able regarding the diagnosis, treatment, assessment or evaluation of sex
 offenders. The assessment shall include, but  not  be  limited  to,  the
 determination  of  the  degree  to  which  the inmate presents a risk of
 violent sexual recidivism and his or her need for sex offender treatment
 while in prison.
 [6.] 7. Staff of the office of mental health and the office of  mental
 retardation  and  developmental  disabilities may be consulted about the
 inmate's treatment needs and may  assist  in  providing  any  additional
 treatment  services  determined  to be clinically appropriate to address
 the inmate's underlying mental abnormality or disorder.  Such  treatment
 services  shall  be  provided  using  professionally  accepted treatment
 protocols.
 

S 2. This act shall take effect immediately.

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