Assembly Bill A10558

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

                                  10558

                          I N  A S S E M B L Y

                              April 7, 2010
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend  the  correction  law, in relation to prohibiting sex
  offender treatment programs from requiring that inmates or  applicants
  for such program admit guilt to any crime as a prerequisite for admis-
  sion into such program

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

  Section 1. Section 622 of the correction law, as added by chapter 7 of
the laws of 2007, is amended to read as follows:
  S 622. Sex offender treatment program. 1. The  department  shall  make
available  a  sex  offender  treatment program for those inmates who are
serving sentences for felony sex offenses, or for other offenses defined
in subdivision (p) of section 10.03 of the mental hygiene law,  and  are
identified as having a need for such program in accordance with sections
eight  hundred three and eight hundred five of this chapter. In develop-
ing the treatment program, the department shall give due regard to stan-
dards, guidelines, best practices, and qualifications recommended by the
office of sex offender management. The department shall make such treat-
ment programs available sufficiently in  advance  of  the  time  of  the
inmate's  consideration  by  the  case  review team, pursuant to section
10.05 of the mental hygiene law, so as to allow the inmate  to  complete
the treatment program prior to that time.
  2.  The  primary purpose of the program shall be to reduce the likeli-
hood of reoffending by assisting such offenders to control  their  chain
of  behaviors that lead to sexual offending. The length of participation
for each inmate to achieve successful completion shall be dependent upon
the initial assessment of the inmate's specific needs and the degree  of
progress  made by the inmate as a participant but shall not be less than
six months.
  3.  THE DEPARTMENT'S SEX OFFENDER TREATMENT PROGRAM SHALL NOT  REQUIRE
AN  INMATE  OR APPLICANT FOR SUCH TREATMENT PROGRAM TO MAKE AN ADMISSION
OF GUILT TO ANY CRIME AS A PREREQUISITE FOR ADMISSION TO SUCH  TREATMENT
PROGRAM.  THE DEPARTMENT SHALL PROMULGATE RULES AND ESTABLISH PROCEDURES

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

                                                           LBD15175-01-9

A. 10558                            2

FOR ENSURING THAT PARTICIPANTS IN SUCH TREATMENT  PROGRAM  ARE  AFFORDED
PRIVACY AND SAFETY THROUGHOUT THE COURSE OF THEIR TREATMENT.
  4. The department's sex offender treatment program shall include resi-
dential programs, which shall require that at each correctional facility
where  the residential program is provided, inmate participants shall be
housed within the same housing  area  in  order  to  provide  clinically
appropriate  treatment,  and to provide a more structured and controlled
setting.
  [4.] 5. Each residential program shall  be  staffed  with  a  licensed
psychologist  who  shall  provide  clinical supervision to the treatment
staff, review, approve and modify treatment  plans  as  appropriate  for
individual  inmates,  provide  clinical  assessments  for  participating
inmates, observe and participate in group sessions  and  make  treatment
recommendations.  Each  residential program shall also be staffed with a
licensed clinical social worker or other mental health professional  who
shall  be  knowledgeable about the administration of testing instruments
that are designed to measure the degree of a sex offender's  psychopathy
and  his  or her program needs. The assigned licensed psychologist shall
also be knowledgeable about the application of such testing instruments.
  [5.] 6. Any inmate committed to the custody of the  department  on  or
after  the  effective  date of this section for a felony sex offense, or
for any of the other offenses listed in subdivision (p) of section 10.03
of the mental hygiene law, shall, as soon as practicable,  be  initially
assessed by staff of the office of mental health who shall be knowledge-
able regarding the diagnosis, treatment, assessment or evaluation of sex
offenders.  The  assessment  shall  include,  but not be limited to, the
determination of the degree to which  the  inmate  presents  a  risk  of
violent sexual recidivism and his or her need for sex offender treatment
while in prison.
  [6.]  7. Staff of the office of mental health and the office of mental
retardation and developmental disabilities may be  consulted  about  the
inmate's  treatment  needs  and  may  assist in providing any additional
treatment services determined to be clinically  appropriate  to  address
the  inmate's  underlying mental abnormality or disorder. Such treatment
services shall  be  provided  using  professionally  accepted  treatment
protocols.
  S 2. This act shall take effect immediately.