Bill S891-2013

Requires the development of guidelines to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting

Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

Details

Actions

  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Apr 24, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Apr 24, 2013
Ayes (10): Carlucci, Ball, Felder, Hannon, Seward, Zeldin, Tkaczyk, Krueger, Adams, Latimer
Ayes W/R (1): Bonacic

Memo

BILL NUMBER:S891

TITLE OF BILL: An act to amend the mental hygiene law, in relation to averting retraumatization of victims of sexual offenses in a behavioral health outpatient setting

PURPOSE: This bill would have the Office of Mental Health, and the Office of Alcoholism and Substance Abuse consult with stakeholders in the development of guidelines regarding victims of sexual offenses receiving services in an outpatient group setting.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section to the Mental Hygiene Law, § 7.45, as follows:

§ 7.45 Victims of sexual offenses; outpatient group setting. The office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent Possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 2. The mental hygiene law is amended by adding a new section 19.43, as follows:

§ 19.43 Victims of sexual offenses; outpatient group setting. The Office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 3. of the bill establishes 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 has the Office of Mental Health and Office of Alcoholism and Substance Abuse Services develop guidelines regarding victims of sexual offenses from retraumatiration during their time in a behavior health outpatient setting.

LEGISLATIVE HISTORY: 2011-12: S.7069A/A.6573 - Passed the assembly/Died in Mental Health A.10255-A of 2009-10

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 891 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to averting retrau- matization of victims of sexual offenses in a behavioral health outpa- tient setting 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 7.45 to read as follows: S 7.45 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING. THE OFFICE SHALL DEVELOP GUIDELINES REGARDING VICTIMS OF SEXUAL OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE- LINES SHALL OUTLINE BEST PRACTICES PROVIDERS MAY USE WHEN PROVIDING SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA- TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD- ERS SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. S 2. The mental hygiene law is amended by adding a new section 19.43 to read as follows: S 19.43 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING. THE OFFICE SHALL DEVELOP GUIDELINES REGARDING VICTIMS OF SEXUAL OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE- LINES SHALL OUTLINE BEST PRACTICES PROVIDERS MAY USE WHEN PROVIDING SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA- TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD- ERS SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. S 3. This act shall take effect immediately.

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