S1199-2011 Actions

• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Feb 8, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S1199-2011 Meetings

S1199-2011 Votes

S1199-2011 Memo

 BILL NUMBER:  S1199

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to providing
additional discharge planning for persons being released from civil
confinement


 PURPOSE :
Provides additional discharge planning for persons being released from
civil confinement.

 SUMMARY OF PROVISIONS :
The mental hygiene law is amended to provide that discharge of a
respondent from confinement or strict and intensive supervision by the
court shall include a discharge plan that ensures the respondent is
discharged to the community of his or her residence prior to
conviction or commitment and shall include the use of electronic
monitoring for a period to be determined by the court.

 JUSTIFICATION :
Civil confinement of sexually violent predators will keep our
communities safe and provide necessary treatment. Once the courts make
the determination to discharge these individuals from confinement or
strict and intensive supervision, the discharge plan should include
provisions to return the individual back to their home of origin. The
counties in which offenders were confined should not have to bear
additional costs of any continued treatment, services or housing they
may need once they are released. Further, those counties and
communities who by circumstances host these facilities, should not
bear the brunt of added worry regarding these individuals becoming
residents of their community. To further provide a safeguard to
residents where a respondent is discharged, such respondent shall be
required to use an electronic monitoring device for a period of time
as ordered by the court.

 LEGISLATIVE HISTORY :
2008 - S.7499 passed Senate.
2009 - S.3533 Mental Health Developmental Disabilities Committee

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S1199-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1199
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental hygiene law, in relation to  providing  addi
 tional  discharge  planning  for  persons  being  released  from civil
 confinement
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  10.09  of  the  mental hygiene law is amended by
 adding a new subdivision (i) to read as follows:

 (I) IF THE COURT DISCHARGES THE RESPONDENT FROM CONFINEMENT  THEN  THE
 COURT  SHALL  ORDER  THE  DIRECTOR  OF  THE SECURE TREATMENT FACILITY TO
 PREPARE A DISCHARGE PLAN. SUCH PLAN SHALL ENSURE THAT THE RESPONDENT  IS
 DISCHARGED  TO HIS OR HER COUNTY OF RESIDENCE PRIOR TO THE CONVICTION OR
 COMMITMENT, AS APPROPRIATE, WITH SUPERVISION WHICH SHALL INCLUDE THE USE
 OF ELECTRONIC MONITORING OR GLOBAL POSITIONING SATELLITE TRACKING FOR AN
 APPROPRIATE PERIOD OF TIME TO BE DETERMINED BY THE COURT. THE RESPONDENT
 SHALL BE PROVIDED SUITABLE CLOTHING ADAPTED TO THE SEASON IN WHICH HE OR
 SHE IS DISCHARGED AND SUCH CLOTHING SHALL NOT EXCEED SIXTY-FIVE  DOLLARS
 IN  VALUE. SUCH PLAN SHALL ALSO PROVIDE FOR TRANSPORTATION TO SUCH RESI
 DENCE AND INCLUDE REFERRAL TO ANY SERVICES WHICH THE COMMISSIONER  DEEMS
 APPROPRIATE  IN THE COMMUNITY OF RESIDENCE, INCLUDING MEDICATION, AFTER
 CARE SERVICES AND ASSISTANCE IN FINDING EMPLOYMENT  FOLLOWING  DISCHARGE
 AS PROVIDED IN SECTION 29.15 OF THIS CHAPTER.
 

S  2. 

Section  10.11 of the mental hygiene law is amended by adding a
 new subdivision (i) to read as follows:

 (I) IF THE COURT DISCHARGES THE RESPONDENT FROM THE REGIMEN OF  STRICT
 AND INTENSIVE SUPERVISION THEN THE COURT SHALL ORDER THE DIRECTOR OF THE
 SECURE TREATMENT FACILITY TO PREPARE A DISCHARGE PLAN. SUCH  PLAN  SHALL
 ENSURE  THAT  THE RESPONDENT IS DISCHARGED TO HIS OR HER COUNTY OF RESI
 DENCE PRIOR TO THE CONVICTION OR COMMITMENT, AS APPROPRIATE, WITH SUPER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01708-01-1
 
       S. 1199                             2
 VISION WHICH SHALL INCLUDE THE USE OF ELECTRONIC  MONITORING  OR  GLOBAL
 POSITIONING  SATELLITE  TRACKING FOR AN APPROPRIATE PERIOD OF TIME TO BE
 DETERMINED BY THE COURT.  THE  RESPONDENT  SHALL  BE  PROVIDED  SUITABLE
 CLOTHING ADAPTED TO THE SEASON IN WHICH HE OR SHE IS DISCHARGED AND SUCH
 CLOTHING  SHALL  NOT EXCEED SIXTY-FIVE DOLLARS IN VALUE. SUCH PLAN SHALL
 ALSO PROVIDE FOR TRANSPORTATION TO SUCH RESIDENCE AND  INCLUDE  REFERRAL
 TO ANY SERVICES WHICH THE COMMISSIONER DEEMS APPROPRIATE IN THE COMMUNI
 TY OF RESIDENCE, INCLUDING MEDICATION, AFTERCARE SERVICES AND ASSISTANCE
 IN  FINDING  EMPLOYMENT FOLLOWING DISCHARGE AS PROVIDED IN SECTION 29.15
 OF THIS CHAPTER.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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