Bill S4251-2013

Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders

Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders; requires the development of guidelines and procedures for outpatient group settings.

Details

Actions

  • Feb 4, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jun 5, 2013: REPORTED AND COMMITTED TO FINANCE
  • Mar 15, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Jun 5, 2013
Ayes (9): Carlucci, Ball, Bonacic, Felder, Hannon, Seward, Tkaczyk, Adams, Latimer
Ayes W/R (2): Zeldin, Krueger
VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Feb 5, 2014
Ayes (11): Carlucci, Ball, Bonacic, Felder, Hannon, Seward, Zeldin, Tkaczyk, Krueger, Latimer, Rivera

Memo

BILL NUMBER:S4251

TITLE OF BILL: An act to create "Robin's law"; and to amend the mental hygiene law, in relation to mental health and chemical dependence outpatient treatment of sex offenders

PURPOSE: To require the development of guidelines for the outpatient mental health and chemical dependence treatment of sex offenders in group settings.

SUMMARY OF PROVISIONS:

Section 2 the bill adds a new section 7.45 to the mental hygiene law to require that the Office of Mental Health develop guidelines and procedures regarding the treatment of sex offenders (as defined) and detained sex offenders (as defined) in outpatient group settings. Such guidelines and procedures shall outline best practices to ensure a protected, safe and clinically sound treatment environment for all patients and shall, to the greatest extent possible, be based on evidence-based clinical treatment standards regarding the segregation of sex offenders from the general patient population. In developing such guidelines and procedures, the commissioner shall consult with a panel of stakeholders who shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups. Such panel shall consist of nine members, of whom: five shall be appointed by the Governor, two by the Temporary President of the Senate, and two by the Speaker of the Assembly.

Section 3 adds a new section 19.43 to the mental hygiene law to apply the same provisions contained in section 1 of the bill to the Office of Alcoholism and Substance Abuse Services.

Section 4 provides 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 legislation would have the Office of Mental Health and the Office of Alcoholism and Substance Abuse Services develop guidelines and procedures regarding the segregation of sex offenders from the general patient population in order to ensure a protected, safe and clinically sound treatment environment for all patients.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4251 2013-2014 Regular Sessions IN SENATE March 15, 2013 ___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to create "Robin's law"; and to amend the mental hygiene law, in relation to mental health and chemical dependence outpatient treatment of sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Robin's law." S 2. The mental hygiene law is amended by adding a new section 7.45 to read as follows: S 7.45 SEX OFFENDERS; OUTPATIENT GROUP SETTING. THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX OFFENDERS, AS DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03 OF THIS TITLE, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDELINES AND PROCEDURES SHALL OUTLINE BEST PRACTICES TO ENSURE A PROTECTED, SAFE AND CLINICALLY SOUND TREATMENT ENVIRONMENT FOR ALL PATIENTS AND SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL OF STAKEHOLDERS WHO SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESEN- TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. S 3. The mental hygiene law is amended by adding a new section 19.43 to read as follows: S 19.43 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX OFFENDERS, AS DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03 OF THIS CHAPTER, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDELINES AND PROCEDURES SHALL OUTLINE BEST PRACTICES TO ENSURE A PROTECTED, SAFE AND CLINICALLY SOUND TREATMENT ENVIRONMENT FOR ALL PATIENTS AND SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL OF STAKEHOLDERS WHO SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESEN- TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. S 4. This act shall take effect immediately.

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