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345. POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY
QUESTIONNAIRES.
S 340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "BATTLEMIND II TRAINING" MEANS A PROGRAM DEVELOPED BY THE UNITED
STATES ARMY THAT CONSISTS OF VIDEO VIGNETTES MEANT TO ASSIST MEMBERS OF
THE ARMED FORCES IN RELATING COMBAT SKILLS TO EMOTIONAL REACTIONS THAT
THEY MAY EXPERIENCE AFTER DEPLOYMENT.
2. "FAMILY ASSISTANCE CENTERS" MEANS CENTERS ESTABLISHED BY THE NEW
YORK NATIONAL GUARD OFFICE OF FAMILY PROGRAMS WITHIN THE DIVISION OF
MILITARY AND NAVAL AFFAIRS, WHICH PROVIDE LOCATIONS FROM WHICH ASSIST-
ANCE AND INFORMATION MAY BE PROVIDED TO FAMILIES OF MEMBERS OF THE NEW
YORK NATIONAL GUARD.
3. "FAMILY READINESS GROUPS" MEANS GROUPS ESTABLISHED BY THE NEW YORK
NATIONAL GUARD OFFICE OF FAMILY PROGRAMS WITHIN THE DIVISION OF MILITARY
AND NAVAL AFFAIRS, WHICH PROVIDE INFORMATION, SUPPORT AND SERVICES TO
FAMILIES OF MEMBERS OF THE NEW YORK NATIONAL GUARD RELATING TO PREPARING
SUCH FAMILIES FOR THE RETURN OF THEIR NEW YORK NATIONAL GUARD FAMILY
MEMBER FROM DEPLOYMENT.
4. "MILITARY ONESOURCE" MEANS THE PROGRAM ESTABLISHED BY THE UNITED
STATES DEPARTMENT OF DEFENSE TO AID ACTIVE DUTY, GUARD AND RESERVE
MEMBERS AND THEIR FAMILIES BY PROVIDING GUIDANCE TO MEMBERS AND THEIR
FAMILIES AS TO EXISTING SERVICES, MAKING SUCH SERVICES MORE ACCESSIBLE
AND SUPPLEMENTING SUCH SERVICES.
5. "POST-DEPLOYMENT HEALTH REASSESSMENT" MEANS A PROGRAM MANDATED BY
THE UNITED STATES ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS,
DESIGNED TO IDENTIFY AND ADDRESS HEALTH CONCERNS, WITH SPECIFIC EMPHASIS
ON MENTAL HEALTH, THAT HAVE EMERGED SINCE DEPLOYMENT.
6. "TRICARE" MEANS A HEALTH INSURANCE PLAN AVAILABLE FOR ELIGIBLE
RESERVE COMPONENT MEMBERS WHO ARE SERVING IN THE NEW YORK ARMY NATIONAL
GUARD.
7. "UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION
PROGRAMS" MEANS THE FEDERAL OFFICE ESTABLISHED BY THE NATIONAL DEFENSE
AUTHORIZATION ACT OF 2008, PUBLIC LAW 110-181 OF THE ONE HUNDRED TENTH
CONGRESS.
S 341. YELLOW RIBBON REINTEGRATION PROGRAM; ESTABLISHMENT AND PURPOSE.
1. THE ADJUTANT GENERAL, IN COORDINATION WITH THE FEDERAL CHIEF OF THE
NATIONAL GUARD BUREAU, SHALL ESTABLISH A YELLOW RIBBON REINTEGRATION
PROGRAM TO PROVIDE NATIONAL GUARD MEMBERS AND THEIR FAMILIES WITH SUFFI-
CIENT INFORMATION, SERVICES, REFERRAL, AND PROACTIVE OUTREACH OPPORTU-
NITIES THROUGHOUT THE ENTIRE DEPLOYMENT CYCLE. THIS PROGRAM SHALL BE
KNOWN AS THE YELLOW RIBBON REINTEGRATION PROGRAM.
2. THE YELLOW RIBBON REINTEGRATION PROGRAM SHALL CONSIST OF INFORMA-
TIONAL EVENTS AND ACTIVITIES FOR MEMBERS OF THE ORGANIZED MILITIA OR OF
A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, THEIR
FAMILIES AND COMMUNITY MEMBERS THROUGH THE FOUR PHASES OF THE DEPLOYMENT
CYCLE:
(A) PRE-DEPLOYMENT.
(B) DEPLOYMENT.
(C) DEMOBILIZATION.
(D) POST-DEPLOYMENT RECONSTITUTION.
3. THE HEAD OF SUCH PROGRAM SHALL BE THE DIRECTOR OF THE YELLOW RIBBON
REINTEGRATION PROGRAM. HE OR SHE SHALL BE APPOINTED BY THE ADJUTANT
GENERAL.
S 342. OFFICE FOR REINTEGRATION PROGRAMS. 1. (A) THE DIVISION OF MILI-
TARY AND NAVAL AFFAIRS SHALL ESTABLISH THE OFFICE FOR REINTEGRATION
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PROGRAMS. THIS OFFICE SHALL ADMINISTER ALL REINTEGRATION PROGRAMS IN
COORDINATION WITH STATE ORGANIZATIONS AND THE UNITED STATES NATIONAL
GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS.
(B) THE OFFICE FOR REINTEGRATION PROGRAMS SHALL CONSIST OF TEN
FULL-TIME ENLISTED PERSONNEL TO ADMINISTER THE YELLOW RIBBON REINTE-
GRATION PROGRAM. THE OFFICE SHALL BE RESPONSIBLE FOR COORDINATION WITH
EXISTING NEW YORK NATIONAL GUARD FAMILY AND SUPPORT PROGRAMS. THE
COMMANDERS OF THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD MAY APPOINT
LIAISON OFFICERS TO WORK WITH THE PERMANENT OFFICE STAFF. THE OFFICE
SHALL CLOSELY COORDINATE WITH APPROPRIATE OFFICERS AND ENLISTED PERSON-
NEL WITH RESPECT TO EXISTING FAMILY SUPPORT STRUCTURE, MOBILIZATION
SCHEDULES, TRAINING SCHEDULES, TRAINING PLANS AND PROGRAMS, AND ANY
OTHER PERSONNEL ISSUES.
2. THE OFFICE FOR REINTEGRATION PROGRAMS SHALL ISSUE INTERNAL REPORTS
AS NECESSARY AND SHALL SUBMIT ANNUAL REPORTS TO THE LEGISLATURE NOT
LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE END OF A ONE-YEAR PERIOD
FROM ESTABLISHMENT OF THE OFFICE FOR REINTEGRATION PROGRAMS. THESE
REPORTS SHALL CONTAIN:
(A) AN EVALUATION OF THE REINTEGRATION PROGRAM'S IMPLEMENTATION;
(B) AN ASSESSMENT OF ANY UNMET RESOURCE REQUIREMENTS;
(C) AN ASSESSMENT OF THE REINTEGRATION PROGRAM'S INCLUSION OF OTHER
RESERVE COMPONENT SERVICE MEMBERS AND THE NECESSITY FOR FURTHER EXPAN-
SION TO INCORPORATE ALL THE RESERVE COMPONENTS; AND
(D) RECOMMENDATIONS REGARDING CLOSER COORDINATION BETWEEN THE OFFICE
OF REINTEGRATION PROGRAMS AND STATE ORGANIZATIONS.
S 343. STATE DEPLOYMENT CYCLE SUPPORT TEAMS. THE ADJUTANT GENERAL
SHALL DETAIL PERSONNEL NECESSARY TO THE DIRECTOR OF REINTEGRATION FOR
THE ADMINISTRATION OF THE YELLOW RIBBON REINTEGRATION PROGRAM IN COORDI-
NATION WITH UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION
PROGRAMS DEPLOYMENT CYCLE SUPPORT TEAM MEMBERS BASED ON NEED, GEOGRAPH-
ICAL DISPERSION, AND MILITARY POPULATION. THE OFFICE FOR REINTEGRATION
PROGRAMS IS ENCOURAGED TO EMPLOY WOUNDED SERVICE MEMBERS AND RETURNING
COMBAT VETERANS WHENEVER POSSIBLE. THE PRIMARY FUNCTION OF TEAM MEMBERS
SHALL BE:
1. DEVELOPING AND MANAGING THE REINTEGRATION CURRICULUM;
2. CONTRACTING AND RECRUITING FOR NECESSARY SERVICE PROVIDERS; AND
3. ENSURING THAT PROVIDERS' SKILLS ADAPT TO THE UNIQUE MILITARY NATURE
OF THE REINTEGRATION PROGRAM.
S 344. REINTEGRATION PROGRAMS. 1. THE OFFICE FOR REINTEGRATION
PROGRAMS SHALL ANALYZE THE DEMOGRAPHICS, PLACEMENT OF STATE FAMILY
ASSISTANCE CENTERS, AND FAMILY ASSISTANCE CENTER RESOURCES BEFORE A
MOBILIZATION ALERT IS ISSUED TO AFFECTED STATE NATIONAL GUARD ORGANIZA-
TIONS. THE OFFICE OF REINTEGRATION PROGRAMS SHALL CONSULT WITH THE
UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS
FOLLOWING THE ISSUANCE OF A MOBILIZATION ALERT AND IMPLEMENT THE REINTE-
GRATION EVENTS IN ACCORDANCE WITH THE REINTEGRATION PROGRAM PHASE MODEL.
2. THE PRE-DEPLOYMENT PHASE SHALL BE CONDUCTED BY UNITED STATES
NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT CYCLE
SUPPORT TEAM MEMBERS AND CONSTITUTE THE TIME FROM FIRST NOTIFICATION OF
MOBILIZATION UNTIL DEPLOYMENT OF THE MOBILIZED NATIONAL GUARD UNIT.
EVENTS AND ACTIVITIES SHALL FOCUS ON PROVIDING EDUCATION AND ENSURING
THE READINESS OF SERVICE MEMBERS, FAMILIES, AND COMMUNITIES FOR THE
RIGORS OF A COMBAT DEPLOYMENT AND SHALL INCLUDE THE FOLLOWING:
(A) SERVICE MEMBER READINESS;
(B) MARRIAGE COUNSELING;
(C) YOUTH COUNSELING;
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(D) FAMILY COUNSELING;
(E) SINGLE SERVICE MEMBER COUNSELING;
(F) INFORMATION ON RESOURCES AVAILABLE TO SERVICE MEMBERS AND FAMI-
LIES;
(G) INTRODUCTION TO THE MILITARY ONESOURCE PROGRAM;
(H) DIVISION OF VETERANS' AFFAIRS RESOURCES;
(I) SMALL BUSINESS PLANNING;
(J) FINANCIAL PLANNING AND EDUCATION; AND
(K) STATE PROGRAMS AND BENEFITS.
3. (A) THE DEPLOYMENT PHASE SHALL BE CONDUCTED BY THE UNITED STATES
NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT CYCLE
SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM DEPLOYMENT OF THE
MOBILIZED NATIONAL GUARD UNIT UNTIL THE UNIT ARRIVES AT A DEMOBILIZATION
STATION INSIDE THE CONTINENTAL UNITED STATES. EVENTS AND SERVICES
PROVIDED SHALL FOCUS ON THE CHALLENGES AND STRESS ASSOCIATED WITH SEPA-
RATION AND HAVING A SERVICE MEMBER IN A COMBAT ZONE. EVENTS AND SERVICES
INCLUDE SUPPORT ACTIVITIES LISTED IN PARAGRAPH (B) OF THIS SUBDIVISION
AND REINTEGRATION PREPARATION ACTIVITIES LISTED IN PARAGRAPH (C) OF THIS
SUBDIVISION. INFORMATION SESSIONS SHOULD UTILIZE STATE NATIONAL GUARD
RESOURCES IN COORDINATION WITH THE FEDERAL OFFICES RELATED THERETO.
(B) SUPPORT ACTIVITIES SHALL INCLUDE:
(I) YOUTH COUNSELING;
(II) FAMILY COUNSELING;
(III) COMMUNITY OUTREACH;
(IV) CONTINUED CONTACT WITH SPOUSES AND PARENTS;
(V) INFORMATION ON RESOURCES AVAILABLE TO FAMILY MEMBERS, TO INCLUDE
ACCESS TO MILITARY ONESOURCE AND CHILD CARE;
(VI) TRICARE AND HEALTHCARE;
(VII) MILITARY PAY AND ALLOWANCES; AND
(VIII) STATE PROGRAMS AND BENEFITS.
(C) REINTEGRATION PREPARATION ACTIVITIES SHALL BE CONDUCTED AS
FOLLOWS:
(I) FAMILY INFORMATION SESSIONS SHOULD PREPARE FAMILY MEMBERS FOR THE
HOMECOMING OF THEIR SERVICE MEMBER AND TO INFORM THEM ON WHAT THEY CAN
DO TO MAKE THIS TRANSITION AS EASY AS POSSIBLE. THE SESSIONS ARE
DESIGNED TO INCREASE THE FAMILY MEMBER'S KNOWLEDGE OF THE REINTEGRATION
PROCESS AND TO PROVIDE RESOURCES TO THEM AS THEY GO THROUGH THE STEPS OF
REINTEGRATION. INFORMATION SESSIONS SHOULD BE OFFERED AT LOCATIONS AND
TIMES SO AS TO ACCOMMODATE AS MANY FAMILY MEMBERS AS POSSIBLE.
(II) COMMUNITY INFORMATION SESSIONS SHOULD EDUCATE COMMUNITY LEADERS,
CLERGY, SCHOOLS, EMPLOYERS, MENTAL HEALTH PROFESSIONALS, AND FAMILY
READINESS GROUPS ABOUT THE CHALLENGES OF REINTEGRATION, AND WHAT THEY
CAN DO TO ASSIST COMBAT VETERANS AND THEIR FAMILIES TO SUCCESSFULLY
REINTEGRATE BACK INTO THE COMMUNITY. INFORMATION SESSIONS SHOULD BE
OFFERED AT LOCATIONS AND TIMES SO AS TO ACCOMMODATE AS MANY PARTICIPANTS
AS POSSIBLE.
4. (A) THE DEMOBILIZATION PHASE SHALL BE CONDUCTED BY THE UNITED
STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT
CYCLE SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM ARRIVAL OF THE
NATIONAL GUARD UNIT AT THE DEMOBILIZATION STATION UNTIL ITS DEPARTURE
FOR HOME STATION. IN THE INTEREST OF RETURNING SERVICE MEMBERS AS SOON
AS POSSIBLE TO THEIR HOME STATIONS, REINTEGRATION BRIEFINGS DURING THE
DEMOBILIZATION PHASE SHALL BE MINIMIZED. THE NEW YORK STATE DEPLOYMENT
CYCLE SUPPORT TEAM SHALL ASSIST DEMOBILIZING SERVICE MEMBERS IN ENROLL-
ING FOR MEDICAL BENEFITS WITH THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS DURING THE DEMOBILIZATION PHASE. THE NEW YORK STATE DEPLOYMENT
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CYCLE SUPPORT TEAMS SHALL PROVIDE OTHER EVENTS FROM THE INITIAL REINTE-
GRATION ACTIVITY AS DETERMINED BY THE STATE OFFICE OF REINTEGRATION
PROGRAMS. REMAINING EVENTS SHALL BE CONDUCTED DURING THE POST-DEPLOYMENT
RECONSTITUTION PHASE.
(B) THE PURPOSE OF THIS REINTEGRATION PROGRAM IS TO EDUCATE SERVICE
MEMBERS ABOUT THE RESOURCES THAT ARE AVAILABLE TO THEM AND TO CONNECT
SERVICE MEMBERS TO SERVICE PROVIDERS WHO CAN ASSIST THEM IN OVERCOMING
THE CHALLENGES OF REINTEGRATION. THE INITIAL REINTEGRATION ACTIVITY
SHALL INCLUDE, BUT IS NOT LIMITED TO:
(I) INFORMING SERVICE MEMBERS OF THEIR VETERANS' BENEFITS;
(II) ASSISTING WITH UNEMPLOYMENT AND ENROLLMENT IN EMPLOYMENT TRANSI-
TION SERVICES;
(III) A DRIVER SAFETY BRIEFING GIVEN BY QUALIFIED LAW ENFORCEMENT
OFFICIALS;
(IV) IDENTIFICATION OF HIGH-RISK SERVICE MEMBERS AND ESTABLISHMENT OF
PLANS FOR FOLLOW-ON CARE;
(V) IDENTIFICATION OF SERVICE MEMBERS REQUIRING FOLLOW-ON HEALTH CARE;
(VI) LEGAL BRIEFINGS AND LEGAL ASSISTANCE; AND
(VII) AN OPPORTUNITY FOR SEXUAL ASSAULT VICTIMS TO CONFIDENTIALLY
REPORT SUCH CRIMES.
5. (A) THE POST-DEPLOYMENT RECONSTITUTION PHASE SHALL BE CONDUCTED BY
UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS
DEPLOYMENT CYCLE SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM
ARRIVAL AT HOME STATION UNTIL ONE HUNDRED EIGHTY DAYS FOLLOWING DEMOBI-
LIZATION. ACTIVITIES AND SERVICES PROVIDED SHALL FOCUS ON RECONNECTING
SERVICE MEMBERS WITH THEIR FAMILIES AND COMMUNITIES AND PROVIDING
RESOURCES AND INFORMATION NECESSARY FOR SUCCESSFUL REINTEGRATION. REIN-
TEGRATION EVENTS SHALL BEGIN WITH ELEMENTS OF THE INITIAL REINTEGRATION
ACTIVITY PROGRAM THAT WERE NOT COMPLETED DURING THE DEMOBILIZATION
PHASE.
(B) THE STATE OFFICE OF REINTEGRATION PROGRAMS SHALL HOLD REINTE-
GRATION ACTIVITIES AT THE THIRTY-DAY, SIXTY-DAY, AND NINETY-DAY INTERVAL
FOLLOWING DEMOBILIZATION IN COORDINATION WITH THE DIVISION OF MILITARY
AND NAVAL AFFAIRS. THESE ACTIVITIES SHALL FOCUS ON RECONNECTING SERVICE
MEMBERS AND FAMILY MEMBERS WITH THE SERVICE PROVIDERS FROM INITIAL REIN-
TEGRATION ACTIVITY TO ENSURE SERVICE MEMBERS AND THEIR FAMILIES UNDER-
STAND WHAT BENEFITS THEY ARE ENTITLED TO AND WHAT RESOURCES ARE AVAIL-
ABLE TO HELP THEM OVERCOME THE CHALLENGES OF REINTEGRATION. THE
REINTEGRATION ACTIVITIES SHOULD ALSO PROVIDE A FORUM FOR SERVICE MEMBERS
AND FAMILIES TO ADDRESS NEGATIVE BEHAVIORS RELATED TO COMBAT STRESS AND
TRANSITION. ONE OF THE REINTEGRATION ACTIVITIES SHALL BE FOR SERVICE
MEMBERS TO CONDUCT A THOROUGH POST-DEPLOYMENT HEALTH REASSESSMENT OF
COMBAT VETERANS AND PROVIDE ANY REMAINING MEDICAL OR DENTAL SERVICES.
ACTIVITIES, EVENTS, AND SERVICES PROVIDED AT THE THIRTY-DAY, SIXTY-DAY,
AND NINETY-DAY REINTEGRATION ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO:
(I) BATTLEMIND TRAINING II FOR SERVICE MEMBERS AND THEIR FAMILIES;
(II) PREVENTION AND RELATIONSHIP ENHANCEMENT PROGRAM MARRIAGE ENRICH-
MENT WORKSHOP TO FOCUS ON ASSISTING SERVICE MEMBERS TO RECONNECT WITH
THEIR SPOUSES;
(III) SINGLE SERVICE MEMBER CHALLENGES WORKSHOP;
(IV) PARENTING WORKSHOP TO ASSIST SERVICE MEMBERS TO RECONNECT WITH
THEIR CHILDREN;
(V) LOCAL SERVICES STATION PROGRAM WITH REPRESENTATIVES FROM LEGAL,
TRICARE, EDUCATION SERVICES, THE DIVISION OF VETERANS' AFFAIRS, STATE
VETERANS CENTERS, STATE WORKFORCE OFFICES, CHAPLAIN'S OFFICE, COUNTY
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VETERANS SERVICE OFFICERS, MILITARY ONESOURCE, STATE TAX OFFICIALS,
STATE YOUTH PROGRAMS, AND NATIONAL GUARD UNIT ADMINISTRATION OFFICES;
(VI) ANGER MANAGEMENT WORKSHOP;
(VII) SUBSTANCE ABUSE WORKSHOP;
(VIII) GAMBLING ABUSE WORKSHOP;
(IX) LAW ENFORCEMENT BRIEFING;
(X) TRICARE AND MILITARY ONESOURCE REPRESENTATIVES;
(XI) POST-DEPLOYMENT HEALTH REASSESSMENT WITH ON-SITE SUPPORT FROM THE
FEDERAL DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS, REPRESENTATIVES
FROM THE DIVISION OF VETERANS' AFFAIRS, AND CASE MANAGERS PROVIDED BY
THE DEPARTMENT OF DEFENSE; AND
(XII) REINTEGRATION PROGRAM ASSESSMENT.
6. (A) THE DIRECTOR OF REINTEGRATION, IN COOPERATION WITH THE DIVISION
OF MILITARY AND NAVAL AFFAIRS, THE DIVISION OF VETERANS' AFFAIRS, THE
DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES AND THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, SHALL ESTABLISH A PROGRAM TO MONITOR AND
COORDINATE MENTAL HEALTH AND REHABILITATIVE SERVICES SUPPORT FOR VETER-
ANS AND MEMBERS OF THE NATIONAL GUARD AND RESIDENTS IN THE ARMED FORCES
RESERVES NOT IN ACTIVE FEDERAL SERVICE. THE PROGRAM SHALL ALSO SUPPORT
FAMILY MEMBERS AFFECTED BY COVERED MILITARY MEMBERS' SERVICE AND DEPLOY-
MENTS. THE PURPOSE OF THE PROGRAM IS TO ENSURE THAT ADEQUATE AND TIMELY
ASSESSMENT, TREATMENT, AND SUPPORT ARE AVAILABLE TO VETERANS, SERVICE
MEMBERS, AND AFFECTED FAMILY MEMBERS.
(B) THE PROGRAM SHALL FACILITATE SUPPORT FOR COVERED INDIVIDUALS TO
PROVIDE TIMELY ASSESSMENT AND TREATMENT FOR STRESS-RELATED INJURIES AND
TRAUMATIC BRAIN INJURIES RESULTING FROM SERVICE IN COMBAT AREAS, AND
SUBJECT TO THE AVAILABILITY OF PUBLIC AND PRIVATE FUNDS APPROPRIATED FOR
THEM, CASE MANAGEMENT SERVICES, OUTPATIENT, FAMILY SUPPORT, AND OTHER
APPROPRIATE BEHAVIORAL HEALTH AND BRAIN INJURY SERVICES NECESSARY TO
PROVIDE INDIVIDUAL SERVICES AND SUPPORT TO MILITARY SERVICE MEMBERS AND
THEIR FAMILY MEMBERS COVERED BY THIS SECTION.
7. SERVICE MEMBERS SHALL RECEIVE APPROPRIATE PAY FOR DAYS SPENT
ATTENDING THE REINTEGRATION ACTIVITIES.
S 345. POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY QUES-
TIONNAIRES. 1. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL
GUARD WHILE UNDER STATE JURISDICTION SHALL TAKE A DIVISION-ADMINISTERED
POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC BRAIN INJU-
RY QUESTIONNAIRE UNDER THE SUPERVISION OF THE DIRECTOR OF REINTEGRATION
BEFORE BEING DEPLOYED IN OPERATION IRAQI FREEDOM, OPERATION ENDURING
FREEDOM, OR ANY OTHER OVERSEAS SERVICE PURSUANT TO ANY FUTURE DECLARA-
TION OF WAR BY THE UNITED STATES CONGRESS OR THE BEGINNING OF AN EMER-
GENCY CONDITION RECOGNIZED BY THE ISSUANCE OF A PRESIDENTIAL PROCLAMA-
TION OR A PRESIDENTIAL EXECUTIVE ORDER.
2. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL GUARD WITHIN
NINETY DAYS OF HIS OR HER RETURN TO STATE JURISDICTION FROM OPERATION
IRAQI FREEDOM, OPERATION ENDURING FREEDOM, OR ANY OTHER OVERSEAS SERVICE
PURSUANT TO ANY FUTURE DECLARATION OF WAR BY THE UNITED STATES CONGRESS
OR THE BEGINNING OF AN EMERGENCY CONDITION RECOGNIZED BY THE ISSUANCE OF
A PRESIDENTIAL PROCLAMATION OR A PRESIDENTIAL EXECUTIVE ORDER SHALL TAKE
A DIVISION-ADMINISTERED POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND
A TRAUMATIC BRAIN INJURY QUESTIONNAIRE UNDER THE SUPERVISION OF THE
DIRECTOR OF REINTEGRATION.
3. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL GUARD AND WHO
HAS RETURNED TO STATE JURISDICTION FROM OPERATION IRAQI FREEDOM OR OPER-
ATION ENDURING FREEDOM SHALL TAKE A DIVISION-ADMINISTERED POST-TRAUMATIC
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STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC BRAIN INJURY QUESTIONNAIRE
UNDER THE SUPERVISION OF THE DIRECTOR OF REINTEGRATION.
4. THE OFFICER OR ENLISTED PERSON IS EXEMPT FROM THE DIVISION-ADMINIS-
TERED POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY REQUIRE-
MENTS IF HE OR SHE HAS COMPLETED SIMILAR QUESTIONNAIRES APPROVED BY THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE UNITED STATES
DEPARTMENT OF DEFENSE WHILE UNDER THE CONTROL OF THE FEDERAL GOVERNMENT.
5. AN OFFICER OR ENLISTED PERSON WHO HAS BEEN DISCHARGED FROM THE
NATIONAL GUARD, AN ACTIVE DUTY SERVICE MEMBER RESIDING IN NEW YORK, OR A
FEDERAL RESERVIST RESIDING IN NEW YORK WHO HAS BEEN DEPLOYED IN OPERA-
TION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM MAY TAKE A DIVISION-AD-
MINISTERED POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC
BRAIN INJURY QUESTIONNAIRE FREE OF CHARGE UNDER THE SUPERVISION OF THE
DIRECTOR OF REINTEGRATION.
6. THE QUESTIONNAIRES SHALL BE DEVELOPED BY THE ADJUTANT GENERAL WITH
THE ASSISTANCE OF THE DIRECTOR OF REINTEGRATION, ANY STATEWIDE ASSOCI-
ATIONS SPECIALIZING IN TRAUMATIC BRAIN INJURIES AND THE OFFICE OF MENTAL
HEALTH AND SHALL BE APPROVED BY THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS OR THE UNITED STATES DEPARTMENT OF DEFENSE.
7. ALL POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY QUES-
TIONNAIRES SHALL BE STORED AS ELECTRONIC DOCUMENTS BY THE DIVISION.
S 2. Subdivision 1 of section 2744 of the public health law, as added
by chapter 196 of the laws of 1994, is amended to read as follows:
1. The traumatic brain injury services coordinating council is hereby
established and shall consist of the following persons or their desig-
nees: the commissioner, the commissioner of mental retardation and
developmental disabilities, the office of mental health, the commission-
er of education, the commissioner of alcoholism and substance abuse
services, the commissioner of social services, THE ADJUTANT GENERAL, THE
STATE DIRECTOR OF REINTEGRATION, THE DIRECTOR OF THE DIVISION OF VETER-
ANS' AFFAIRS, the state advocate for the disabled and the commission on
quality of care for the mentally disabled. In addition, the council
shall consist of the following persons: five persons appointed by the
governor, three of whom shall be persons with traumatic brain injury and
two of whom shall be representative of the public and have a demon-
strated expertise and interest in traumatic brain injury; two persons
appointed by the temporary president of the senate, one of whom shall be
a person with traumatic brain injury and one of whom shall be represen-
tative of the public and have a demonstrated expertise and interest in
traumatic brain injury; two persons appointed by the speaker of the
assembly, one of whom shall be a person with traumatic brain injury and
one of whom shall be representative of the public and have a demon-
strated expertise and interest in traumatic brain injury, one person
appointed by the minority leader of the senate who shall be a person
with traumatic brain injury or be representative of the public and have
a demonstrated expertise and interest in traumatic brain injury; and one
person appointed by the minority leader of the assembly who shall be a
person with traumatic brain injury or be representative of the public
and have a demonstrated expertise and interest in traumatic brain inju-
ry. Of the five persons appointed by the governor, three shall serve for
a term of one year, one shall serve for a term of two years and one
shall serve for a term of three years. Of the two persons appointed by
the temporary president of the senate, one shall serve for a term of two
years and one shall serve for a term of three years. Of the two persons
appointed by the speaker of the assembly, one shall serve for a term of
two years and one shall serve for a term of three years. The person
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appointed by the minority leader of the senate and the person appointed
by the minority leader of the assembly shall serve for a term of one
year. Subsequent appointments for vacancies shall be for a term of three
years and shall be filled in the same manner as the original appoint-
ment.
S 3. Subdivision 1 of section 3803 of the public health law, as
amended by chapter 743 of the laws of 2006, is amended to read as
follows
1. There is hereby created within the department the veterans health
care information program (referred to in this section as the "program"),
which shall provide information on health issues associated with mili-
tary duty, including but not limited to Agent Orange, Gulf War
Syndromes, toxic materials or harmful physical agents such as, depleted
uranium, and EXPOSURE TO IONIZING RADIATION AS THE RESULT OF ATOMIC
WEAPONS TESTS CONDUCTED BY THE UNITED STATES BETWEEN NINETEEN HUNDRED
FORTY-FIVE AND NINETEEN HUNDRED SIXTY-THREE, hepatitis C AND SPECIFIC
MENTAL AND PHYSICAL HEALTH ISSUES INCLUDING POST-TRAUMATIC STRESS DISOR-
DER AND BRAIN-RELATED INJURIES, for veterans, their surviving spouses
and health care providers.
S 4. The executive law is amended by adding a new section 366-a to
read as follows:
S 366-A. VETERANS' HEALTH SCREENING FOR TRAUMATIC BRAIN INJURY AND
POST-TRAUMATIC STRESS DISORDER. 1. AS USED IN THIS SECTION: (A) "ELIGI-
BLE MEMBER" MEANS A MEMBER WHO SERVED UNDER TITLE TEN OF THE UNITED
STATES CODE IN AN AREA DESIGNATED AS A COMBAT ZONE BY EXECUTIVE ORDERS
NOS. 12744 AND 13239 OF THE PRESIDENT OF THE UNITED STATES.
(B) "MEMBER" MEANS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES,
INCLUDING THE NEW YORK NATIONAL GUARD, WHO IS A RESIDENT OF THIS STATE.
(C) "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE,
WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE OF THE
UNITED STATES DURING A TIME OF WAR IN WHICH THE UNITED STATES ENGAGED
AND WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN BY DISHONOR-
ABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE.
2. THE STATE DIRECTOR, OR HIS OR HER DESIGNEES, SHALL ASSIST ANY
ELIGIBLE MEMBER OR VETERAN WHO RETURNS OR HAS RETURNED TO THIS STATE IN
OBTAINING AN APPROPRIATE HEALTH SCREENING TEST FOR TRAUMATIC BRAIN INJU-
RY AND POST-TRAUMATIC STRESS DISORDER. THE ELIGIBLE MEMBER OR VETERAN
MUST RETURN OR HAVE RETURNED TO THIS STATE AFTER SERVICE.
3. (A) IN ORDER TO EFFECTIVELY PROVIDE THE ASSISTANCE REQUIRED BY
SUBDIVISION TWO OF THIS SECTION, THE STATE DIRECTOR, OR HIS OR HER
DESIGNEES, SHALL DEVELOP AND IMPLEMENT A PLAN FOR OUTREACH TO ELIGIBLE
MEMBERS AND VETERANS WHO HAVE RETURNED FROM COMBAT. THE DIRECTOR OF
REINTEGRATION, OR HIS OR HER DESIGNEE, SHALL ALSO DEVELOP AND IMPLEMENT
A PLAN FOR OUTREACH TO ELIGIBLE MEMBERS OF THE NEW YORK NATIONAL GUARD
WHO HAVE RETURNED FROM COMBAT AND REMAIN ON DUTY IN ORDER TO EFFECTIVELY
PROVIDE THE SERVICE REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
(B) EACH OUTREACH PLAN SHALL PROVIDE INFORMATION TO ELIGIBLE MEMBERS
AND VETERANS CONCERNING TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS
DISORDER, THE POSSIBLE IMPACTS ASSOCIATED WITH TRAUMATIC BRAIN INJURY
AND POST-TRAUMATIC STRESS DISORDER, AND THE RIGHT TO SCREENING SERVICES.
S 5. The criminal procedure law is amended by adding a new section
220.16 to read as follows:
S 220.16 NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT STEMMING
FROM SERVICE IN A COMBAT ZONE.
1. THE DEFENDANT MAY ENTER A PLEA OF NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE, INCLUDING POST-TRAUMATIC STRESS DISORDER, STEMMING FROM
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SERVICE IN A COMBAT ZONE IN THE UNITED STATES ARMED FORCES. THE COURT
SHALL CONDUCT A HEARING PRIOR TO ACCEPTING SUCH A PLEA TO DETERMINE
WHETHER THE DEFENDANT:
(A) HAS BEEN CERTIFIED BY THE DIRECTOR OF THE DIVISION OF VETERANS
AFFAIRS AS HAVING SERVED IN THE ARMED FORCES OF THE UNITED STATES OF
AMERICA IN A COMBAT ZONE, AS DEFINED IN SECTION ONE HUNDRED TWELVE OF
THE FEDERAL INTERNAL REVENUE CODE OF NINETEEN EIGHTY-SIX;
(B) SUFFERS FROM MENTAL DISEASE OR DEFECT; AND
(C) SUCH MENTAL DISEASE OR DEFECT WAS CAUSED OR EXACERBATED BY EVENTS
OCCURRING DURING SUCH DEFENDANT'S SERVICE IN A COMBAT ZONE.
2. BEFORE ACCEPTING A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE STEMMING FROM SERVICE IN A COMBAT ZONE, THE COURT MUST ADDRESS
THE DEFENDANT IN THE MANNER SET FORTH IN SUBDIVISIONS THREE AND FOUR OF
SECTION 220.15 OF THIS ARTICLE AND MAKE A FINDING AS SET FORTH IN SUBDI-
VISION FIVE OF SECTION 220.15 OF THIS ARTICLE.
3. IF THE COURT DETERMINES THAT SUCH DEFENDANT MEETS THE CRITERIA
PROVIDED IN SUBDIVISION ONE OF THIS SECTION AND SUCH DEFENDANT'S CURRENT
CRIME OF CONVICTION AND CRIMINAL HISTORY DO NOT WARRANT A SENTENCE OF
IMPRISONMENT PURSUANT TO THE PROVISIONS OF TITLE E OF PART 2 OF THE
PENAL LAW AND IN THE COURT'S DISCRETION AS AVAILABLE PURSUANT TO SUCH
TITLE, THE COURT MAY ORDER SUCH DEFENDANT TO UNDERGO TREATMENT FROM ANY
TREATMENT FACILITY, INCLUDING ANY FACILITY THAT PROVIDES SERVICES FOR
VETERANS, ON AN OUTPATIENT BASIS OR AN INPATIENT BASIS WITH THE CONSENT
OF THE DEFENDANT.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE COURT'S
AUTHORITY TO ORDER ANY OTHER SANCTION OR TO TREAT THE DEFENDANT'S PLEA
AS A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT
PURSUANT TO SECTION 220.15 OF THIS ARTICLE, SUBJECT TO THE PROVISIONS OF
SUCH SECTION, AND THEREFORE APPLY THE PROCEDURES SET FORTH IN SECTION
330.20 OF THIS TITLE.
S 6. Section 353 of the executive law is amended by adding a two new
subdivisions 20 and 21 to read as follows:
20. TO WORK WITH TRAUMATIC BRAIN INJURY SERVICES COORDINATING COUNCIL
TO ESTABLISH A PROGRAM FOR MENTAL HEALTH AND REHABILITATIVE SERVICES FOR
NEW YORK VETERANS AND MEMBERS OF THE NEW YORK NATIONAL GUARD AND NEW
YORK RESIDENTS IN THE ARMED FORCES RESERVES NOT IN ACTIVE FEDERAL
SERVICE AND THEIR FAMILY MEMBERS CONSISTENT WITH THE PROGRAMS AND
SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF THE MILITARY LAW.
21. PROVIDE CERTIFICATION OF SERVICE OF A VETERAN OF THE ARMED FORCES
OF THE UNITED STATES OF AMERICA IN A COMBAT ZONE TO ANY SENTENCING JUDGE
REQUESTING SUCH CERTIFICATION PURSUANT TO SECTION 220.16 OF THE CRIMINAL
PROCEDURE LAW.
S 7. Section 7.09 of the mental hygiene law is amended by adding a new
subdivision (k) to read as follows:
(K) THE COMMISSION, IN COOPERATION WITH THE TRAUMATIC BRAIN INJURY
SERVICES COORDINATING COUNCIL, SHALL ESTABLISH A PROGRAM FOR MENTAL
HEALTH AND REHABILITATIVE SERVICES FOR NEW YORK VETERANS AND MEMBERS OF
THE NEW YORK NATIONAL GUARD AND NEW YORK RESIDENTS IN THE ARMED FORCES
RESERVES NOT IN ACTIVE FEDERAL SERVICE AND THEIR FAMILY MEMBERS CONSIST-
ENT WITH THE PROGRAMS AND SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF
THE MILITARY LAW.
S 8. Section 19.09 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
(I) TO WORK WITH THE TRAUMATIC BRAIN INJURY SERVICES COORDINATING
COUNCIL TO ESTABLISH A PROGRAM FOR MENTAL HEALTH AND REHABILITATIVE
SERVICES FOR NEW YORK VETERANS AND MEMBERS OF THE NEW YORK NATIONAL
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GUARD AND NEW YORK RESIDENTS IN THE ARMED FORCES RESERVES NOT IN ACTIVE
FEDERAL SERVICE AND THEIR FAMILY MEMBERS CONSISTENT WITH THE PROGRAMS
AND SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF THE MILITARY LAW.
S 9. The sum of five hundred thousand dollars ($500,000), or so much
thereof as may be necessary, is hereby appropriated to the division of
military and naval affairs out of any moneys in the state treasury in
the general fund to the credit of the state purposes account, not other-
wise appropriated, and made immediately available, for the purpose of
carrying out the provisions of section one of this act. Such moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified or approved by the adjutant general in the manner prescribed
by law.
S 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.