senate Bill S3262B

Amended

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 15 / Mar / 2011
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 15 / Mar / 2011
    • PRINT NUMBER 3262A
  • 25 / Mar / 2011
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 25 / Mar / 2011
    • PRINT NUMBER 3262B
  • 23 / May / 2011
    • 1ST REPORT CAL.796
  • 24 / May / 2011
    • 2ND REPORT CAL.
  • 25 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 14 / Mar / 2012
    • 1ST REPORT CAL.355
  • 15 / Mar / 2012
    • 2ND REPORT CAL.
  • 19 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 07 / May / 2012
    • AMENDED ON THIRD READING 3262C
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO MENTAL HEALTH

Summary

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.

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Bill Details

Versions:
S3262
S3262A
S3262B
S3262C
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง33.27, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S6622A

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S3262B

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.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3262--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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 EFFORTS

 EXPLANATION--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.

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