senate Bill S7232

Signed by Governor Amended

Relates to investigations to ensure the safety and rights of an individual with a disability or a vulnerable person

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Bill Status


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

actions

  • 07 / May / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 21 / May / 2014
    • 1ST REPORT CAL.916
  • 28 / May / 2014
    • 2ND REPORT CAL.
  • 29 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • AMENDED ON THIRD READING 7232A
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CODES
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A9605A
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.410
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Sep / 2014
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2014
    • SIGNED CHAP.394

Summary

Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.

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Bill Details

See Assembly Version of this Bill:
A9605
Versions:
S7232
S7232A
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd ยง553, Exec L

Votes

7
0
7
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S7232

TITLE OF BILL: An act to amend the executive law, in relation to
ensuring the safety and rights of an individual with a disability or a
vulnerable person

PURPOSE:

This bill amends Executive Law to require development and
implementation of protocols and procedures which the Justice Center
for People with Special Needs shall adopt to protect the health and
safety of consumers of services in the event that it is necessary to
obtain information from them for purposes of conducting an
investigation.

SUMMARY OF PROVISIONS:

This bill would require that the Justice Center, in consultation with
the appropriate state agency 1) develop protocols and procedures to
determined under what circumstances obtaining information from an
individual with a disability is clinically contraindicated and to
develop safeguards to ensure that the individual's safety and well
being are protected in light of clinically relevant information; 2)
develop procedures to determine if the individual has the legal
capacity to understand his or her rights and/or questions being asked
of him or her, inform the individual of their rights, develop
appropriate means of interviewing the individual in light of their
capacity to comprehend and develop and implement procedures for the
notification and appropriate involvement of parents, legal guardians
and others with a relationship to the individual; 3) develop
procedures for the appropriate notification and involvement of
provider agencies; and, 4) require training of Justice Center
personnel in protocols and procedures developed pursuant to this act.

JUSTIFICATION:

The law establishing the Justice Center includes necessary law
enforcement provisions. However, the stated purpose of that same
legislation was to protect individuals "against abuse, neglect and
other conduct that would jeopardize their health, safety and welfare."
Unfortunately, the law does not include provisions to ensure that the
Justice Center carries out its law enforcement responsibilities in a
manner that avoids jeopardizing the "health, safety and welfare" of
these same individuals after taking into account critical information,
including clinical status, which is essential to the well-being of
persons whom the Justice Center has been created to protect. This gap
in the law has raised questions concerning the adequacy of Justice
Center procedures and protocols for dealing directly with vulnerable
persons and individuals with disabilities and their loved ones,
including parents and legal guardians.

The need to adapt to this challenge is especially clear when it comes
to safely and effectively obtaining information from a person with a
disability, including an intellectual disability, necessary to pursue
and investigation. Such individual may lack the ability to understand
questions; lack the ability to understand their rights when being
interrogated; and may be traumatized by interviews or interrogations


which are clinically contraindicated. Their well-being often
critically depends on their relationship with a parent, family member
or legal guardian. All of these factors must be thoroughly understood
in advance to ensure the individual's safety and well-being.

Further, the parents and/or legal guardians of such individuals are
likely to have a legal, moral or emotional obligation to their loved
one. Such obligation can only be fulfilled if they receive prior
notice that their loved may need to answer questions or give
information necessary for the success of an investigation. Further,
involvement of parents or guardians may be critical in order to obtain
accurate information critical to an investigation.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7232

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 executive law, in relation to  ensuring  the  safety
  and rights of an individual with a disability or a vulnerable person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 553 of the executive law is amended by adding a new
subdivision 28 to read as follows:
  28. TO CARRY OUT INVESTIGATIONS BY OBSERVING  CRITICAL  PROTOCOLS  AND
PROCEDURES TO ENSURE THE SAFETY AND RIGHTS OF AN INDIVIDUAL WITH A DISA-
BILITY  OR  A  VULNERABLE PERSON. SUCH PROTOCOLS AND PROCEDURES SHALL BE
DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH THE ADVISORY  COUN-
CIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED SIXTY-ONE OF THIS ARTI-
CLE AND THE APPROPRIATE STATE AGENCY AND SHALL INCLUDE:
  (A)  IN  THE  EVENT  THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE
COURSE OF AN INVESTIGATION FROM AN INDIVIDUAL WITH  A  DISABILITY  OR  A
VULNERABLE  PERSON,  PROTOCOLS  AND  PROCEDURES SHALL BE ESTABLISHED FOR
ASCERTAINING WHETHER OR NOT INTERVIEWING OR INTERROGATING SUCH PERSON IS
CLINICALLY CONTRAINDICATED PRIOR  TO  SUCH  INTERVIEW  OR  INTERROGATION
TAKING PLACE.
  (I)  IN  THE  EVENT  THAT  AN INTERVIEW OR INTERROGATION IS CLINICALLY
CONTRAINDICATED, THE INDIVIDUAL WITH A DISABILITY OR  VULNERABLE  PERSON
SHALL BE EXEMPT FROM SUCH INTERVIEW OR INTERROGATION.
  (II)  FOR  THOSE  INDIVIDUALS  WITH A DISABILITY OR VULNERABLE PERSONS
SUBJECT TO AN INTERVIEW  OR  INTERROGATION,  THE  JUSTICE  CENTER  SHALL
DEVELOP  PROCEDURES AND PROTOCOLS TO ENSURE THAT ANY INTERVIEW OR INTER-
ROGATION IS CONDUCTED SAFELY IN LIGHT OF ALL RELEVANT  CLINICAL,  BEHAV-
IORAL  AND  OTHER  FACTS RELATING TO THE INDIVIDUAL'S DISABILITY, SAFETY
AND WELLBEING.
  (B) PROCEDURES TO ASCERTAIN WHETHER AN INDIVIDUAL WITH A DISABILITY OR
A VULNERABLE PERSON HAS THE LEGAL CAPACITY TO UNDERSTAND QUESTIONS POSED
TO HIM OR HER DURING AN INTERVIEW  OR  INTERROGATION  AND  WHETHER  SUCH
INDIVIDUAL  HAS  THE  LEGAL CAPACITY TO UNDERSTAND WHAT RIGHTS HE OR SHE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15035-01-4

S. 7232                             2

HAS IN THE COURSE OF AN INTERVIEW OR INTERROGATION,  INCLUDING  BUT  NOT
LIMITED TO THE RIGHT TO CONSENT TO A SEARCH OF THEIR PERSON OR PROPERTY.
SUCH PROCEDURES SHALL INCLUDE:
  (I)  APPROPRIATE  NOTIFICATION TO AN INDIVIDUAL WITH A DISABILITY OR A
VULNERABLE PERSON AS TO WHAT RIGHTS SHALL BE ACCORDED TO HIM OR  HER  IN
AN INTERVIEW, INCLUDING THE RIGHT NOT TO PARTICIPATE IN SUCH INTERVIEW;
  (II)  AN  APPROPRIATE MEANS OF INTERVIEWING AN INDIVIDUAL WITH A DISA-
BILITY OR A VULNERABLE PERSON GIVEN THE LIMITATIONS SUCH INDIVIDUAL  MAY
HAVE IN COMPREHENDING QUESTIONS;
  (III)  APPROPRIATE  NOTIFICATION  OF  A QUALIFIED PERSON AS DEFINED IN
SECTION 33.16 OF THE MENTAL HYGIENE LAW INFORMING SUCH QUALIFIED  PERSON
THAT  AN  INDIVIDUAL  WITH  A DISABILITY OR A VULNERABLE PERSON SHALL BE
QUESTIONED OR SUBJECT TO AN INTERVIEW OR  INTERROGATION  AND  TO  ENABLE
SUCH  QUALIFIED  PERSON TO PROVIDE ANY INFORMATION WHICH THEY BELIEVE IS
NECESSARY TO PROTECT THE INDIVIDUAL;
  (IV) PROCEDURES FOR DETERMINING UNDER WHAT  CIRCUMSTANCE  A  QUALIFIED
PERSON  SHALL  ACCOMPANY AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE
PERSON DURING AN INTERVIEW OR INTERROGATION.
  (C) PROCEDURES FOR TIMELY NOTIFICATION OF THE APPROPRIATE  ADMINISTRA-
TIVE  AGENCY  PERSONNEL PROVIDING SERVICES TO AN INDIVIDUAL WITH A DISA-
BILITY OR A VULNERABLE PERSON THAT SUCH INDIVIDUAL MAY POSSESS  INFORMA-
TION WHICH IS CRITICAL TO AN INVESTIGATION AND THAT SUCH INDIVIDUAL WILL
BE  INTERVIEWED.  PROCEDURES  FOR  OBTAINING INFORMATION FROM A PROVIDER
AGENCY SERVING AN INDIVIDUAL WITH A DISABILITY OR  A  VULNERABLE  PERSON
WHICH  MAY BE CRITICAL TO PROTECTING SUCH INDIVIDUAL'S HEALTH AND SAFETY
AND BEST INTERESTS.
  S 2. Subdivision 4 of section 553 of the executive law,  as  added  by
section  3  of  part A of chapter 501 of the laws of 2012, is amended to
read as follows:
  4. To develop standards and training curricula for  investigators  who
will  be  assigned to investigate reportable incidents involving vulner-
able persons AND INDIVIDUALS WITH DISABILITIES, and to provide  periodic
training  to  such investigators. Such standards, curricula and training
shall address topics including, but not limited to: (a) how to  identify
and  investigate reportable incidents; (b) the duty to report reportable
incidents; (c) the requirements of all codes of conduct; (d) all  appli-
cable  disciplinary processes; [and] (e) PROTOCOLS AND PROCEDURES PURSU-
ANT TO PARAGRAPH TWENTY-EIGHT OF THIS SECTION; AND (F) employees' rights
pursuant to this article;
  S 3. Protocols and procedure required by this act shall  be  developed
by  January 1, 2015 and shall be submitted to the majority leader of the
senate and the speaker of the assembly and implemented  by  the  justice
center by March 1, 2015.
  S 4. This act shall take effect immediately.

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