Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to requiring providers of non-emergency, clinical outpatient treatment to check whether patients are sex offenders and to segregate sex offender patients from other patients
PURPOSE: This bill would require providers of non-emergency, clinical outpatient treatment to patients on a continuing basis to determine whether they are sex offenders.
SUMMARY OF PROVISIONS: Section 1 of the bill adds new section 33.27 to the Mental Hygiene Law to require every facility and program certified by the Department of Mental Hygiene that provides a non-emergency, clinical outpatient course of treatment to a patient for three or more visits during a calender year to ask that patient for his name, address, data of birth and whether the patient is a sex offender as defined In the Correction Law. It also requires the provider to call the Division of Criminal Justice Services to determine whether the patient is a convicted sex offender. In addition, this section requires that any provider who treats sex offenders on a clinical out-patient basis must make reasonable efforts to avoid treating patients who are not sex offenders with patients who are sex offenders.
Section 2 of the bill is the effective date.
JUSTIFICATION: There are circumstances where sex offenders who are dependent upon drugs and/or alcohol are ordered or mandated to attend chemical dependence therapy as part of their plea and probation arrangements from a drug or alcohol court. However, it has come to the sponsor's attention that there is the potential for, and actual cases of, victims of sexual abuse being placed in the same alcohol and substance abuse therapy sessions as a registered sex offender. This may lead to additional victimization of sexual abuse victims and there should be procedural mechanisms set in place that prevent registered sex offenders and sexual abuse victims from being in the same therapy sessions. This bill establishes common sense protection mechanisms that require therapy providers to determine whether any patient that will participate in a group therapy session is a registered sex offender and if so, make reasonable efforts for that person to attend a segregated session.
LEGISLATIVE HISTORY: S.6622-A/A.10255-A of 2009-10
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after becoming a law.
STATE OF NEW YORK ________________________________________________________________________ 3262--B 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________Introduced by Sens. JOHNSON, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to requiring provid- ers of non-emergency, clinical outpatient treatment to check whether patients are sex offenders and to segregate sex offender patients from other patients THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 33.27 to read as follows: S 33.27 REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL OUTPATIENT TREATMENT. (A) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN- ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT TO PROVIDE HIS OR HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW. IN ADDITION, SUCH FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE WHETHER EACH SUCH PATIENT IS A SEX OFFENDER. (B) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN- ICAL OUTPATIENT COURSE OF COUNSELING TO A PATIENT, WHICH REQUIRES THREE OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL MAKE REASONABLE EFFORTSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02938-07-1 S. 3262--B 2
TO AVOID THE TREATMENT OF PATIENTS WHO ARE NOT SEX OFFENDERS WITH PATIENTS WHO ARE SEX OFFENDERS. S 2. This act shall take effect on the thirtieth day after it shall have become a law.