Bill S2399-2013

Provides additional discharge planning for persons being released from civil confinement

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

Details

Actions

  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jun 5, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 24, 2013: REPORTED AND COMMITTED TO CODES
  • Jan 17, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Apr 24, 2013
Ayes (6): Carlucci, Ball, Bonacic, Felder, Seward, Zeldin
Ayes W/R (5): Hannon, Tkaczyk, Krueger, Adams, Latimer
VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (11): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Espaillat, O'Brien
Ayes W/R (4): Squadron, Perkins, Hoylman, Krueger

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2399 2013-2014 Regular Sessions IN 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-
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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