Provides additional discharge planning for persons being released from civil confinement including supervision, electronic monitoring, appropriate clothing, transportation, medication and a service plan.

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S2399-2013 Actions

• Apr 24, 2013: REPORTED AND COMMITTED TO CODES
• Jan 17, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S2399-2013 Meetings

Mental Health and Developmental Disabilities: Apr 24, 2013

S2399-2013 Votes

S2399-2013 Memo

BILL NUMBER:S2399

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 fora period of time as
ordered by the court.

LEGISLATIVE HISTORY:  2011-12 S. 1199/A. 8914 - Mental Health
Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  180 days after it becomes a law.

S2399-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2399

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  Introduced by Sens. GRIFFO, RANZENHOFER -- read twice and ordered print-
    ed, 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 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.
                                                             LBD06448-01-3

 S. 2399                             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.