Bill S5795-2011

Relates to reporting of crimes at mental hygiene facilities

Relates to reporting of crimes at mental hygiene facilities.

Details

Actions

  • Sep 23, 2011: SIGNED CHAP.558
  • Sep 12, 2011: DELIVERED TO GOVERNOR
  • Jun 20, 2011: returned to senate
  • Jun 20, 2011: passed assembly
  • Jun 20, 2011: ordered to third reading rules cal.544
  • Jun 20, 2011: substituted for a8325
  • Jun 20, 2011: referred to codes
  • Jun 20, 2011: DELIVERED TO ASSEMBLY
  • Jun 20, 2011: PASSED SENATE
  • Jun 20, 2011: ORDERED TO THIRD READING CAL.1413
  • Jun 16, 2011: REFERRED TO RULES

Votes

Memo

BILL NUMBER:S5795

TITLE OF BILL: An act to amend the mental hygiene law, in relation to the reporting of crimes at mental hygiene facilities

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require certain allegations of crimes at Mental Hygiene facilities be reported as soon as possible, but no later than twenty four hours.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill requires that certain allegations of crimes be reported to law enforcement as soon as possible, but no later than twenty four hours at state run psychiatric facilities.

Section 2 of the bill requires that certain allegations of crimes be reported to law enforcement as soon as possible, but no later than twenty four hours at state run Office for People with Developmental Disabilities facilities.

Section 3 of the bill requires that certain allegations of crimes be reported to law enforcement as soon as possible, but no later than twenty four hours at voluntary facilities licensed by the Office for People with Developmental Disabilities.

Section 4 of the bill requires that certain allegations of crimes be reported to law enforcement as soon as possible, but no later than twenty four hours at voluntary facilities licensed by the Office of Mental Health.

JUSTIFICATION: The New York Times recently published an article which chronicled allegations of abuse and mistreatment of residents with developmental disabilities in group homes. As a result, the Assembly held a series of statewide public hearings aimed at carefully examining the quality of care and safety measures in homes for individuals with developmental disabilities.

It has come to the attention of the Assembly that if it appears a crime has been committed at Mental Hygiene facilities, law enforcement does not have to be contacted sooner than three working days. Waiting to contact law enforcement for three working days is too long for certain crimes, where physical evidence may be lost and memories of events may fade. This bill would require that certain violent crimes be reported to law enforcement as soon as possible, but no later than twenty four hours.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 5795 2011-2012 Regular Sessions IN SENATE June 16, 2011 ___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the mental hygiene law, in relation to the reporting of crimes at mental hygiene facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 7.21 of the mental hygiene law, as amended by chapter 789 of the laws of 1985, is amended to read as follows: (b) Such director shall have the responsibility of seeing that there is humane treatment of the patients at his facility and shall investi- gate every case of alleged patient abuse or mistreatment. The director shall notify immediately, and in any event within three working days, the board of visitors of the facility and the mental hygiene legal service located in the same judicial department as the hospital, school, or institution of every complaint of patient abuse or mistreatment and shall inform the board and the mental hygiene legal service of the results of his investigation. If it appears that a crime may have been committed, the director shall give notice thereof to the district attor- ney or other appropriate law enforcement official as soon as possible, and in any event within three working days UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE- LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
S 2. Subdivision (b) of section 13.21 of the mental hygiene law, as amended by chapter 789 of the laws of 1985, is amended to read as follows: (b) Such director shall have the responsibility of seeing that there is humane treatment of the patients at his facility and shall investi- gate every case of alleged patient abuse or mistreatment. The director shall notify immediately, and in any event within three working days the board of visitors of the facility and the mental hygiene legal service located in the same judicial department as the hospital, school or institution of every complaint of patient abuse or mistreatment and shall inform the board and the mental hygiene legal service of the results of his investigation. If it appears that a crime may have been committed, the director shall give notice thereof to the district attor- ney or other appropriate law enforcement official as soon as possible, and in any event within three working days UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE- LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS. S 3. Subdivision (b) of section 16.13 of the mental hygiene law, as amended by chapter 435 of the laws of 2005, is amended to read as follows: (b) Making such reports as are necessary to provide notification to the district attorney or other appropriate law enforcement official and the commissioner or his or her authorized representative as soon as possible, or in any event within three working days, if it appears that a crime may have been committed against a client receiving services from such provider, UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR- IZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS and such other reports, uniform and otherwise, as are required by the commissioner or his or her authorized representative with respect to its operations. If there is reasonable cause to believe that the crime against the client may have occurred in a facility or program of any other service provider licensed, certified, funded or operated by a state agency, the administrator or chief execu- tive officer of such other service provider shall also be notified as soon as possible, or in any event within three working days. Provided however, nothing herein shall require such report to an administrator or chief executive officer of a provider who is alleged to have committed the crime. The commissioner may execute a memorandum of understanding with the commissioners of other appropriate state agencies to ensure the cost-effective coordination and cooperation of such agencies and provid- ers of services with regard to the conduct of any investigation and prevention of unnecessary duplicative investigations resulting from the report of an alleged crime that may have occurred in a facility or program of another service provider. Information obtained by the commis-
sioner or the commission on quality of care for the mentally disabled from the records of clients receiving services shall be kept confiden- tial in accordance with the provisions of this article. S 4. Subdivision 2 of section 31.11 of the mental hygiene law, as amended by chapter 435 of the laws of 2005, is amended to read as follows: 2. making such reports as are necessary to provide notification to the district attorney or other appropriate law enforcement official and the commissioner or his or her authorized representative as soon as possi- ble, or in any event within three working days, if it appears that a crime may have been committed against a patient receiving services from such provider, UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR- IZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS and such other reports, uniform and otherwise, as are required by the commissioner or his or her authorized representative with respect to its operations. If there is reasonable cause to believe that the crime against the client may have occurred in a facility or program of any other service provider licensed, certified, funded or operated by a state agency, the administrator or chief execu- tive officer of such other service provider shall also be notified as soon as possible, or in any event within three working days. Provided however, nothing herein shall require such report to an administrator or chief executive officer of a provider who is alleged to have committed the crime. The commissioner may execute a memorandum of understanding with the commissioners of other appropriate state agencies to ensure the coordination and cooperation of such agencies and providers of services with regard to the conduct of any investigation and prevention of unnec- essary duplicative investigations resulting from the report of an alleged crime that may have occurred in a facility or program of another service provider. Information obtained by the commissioner or the commission on quality of care for the mentally disabled from the records of patients receiving services shall be kept confidential in accordance with the provisions of this chapter. S 5. This act shall take effect on the sixtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus