S T A T E O F N E W Y O R K
________________________________________________________________________
6042
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
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Introduced by M. of A. KOON, GUNTHER, REILLY, EDDINGTON, MARKEY, HOOPER,
SCOZZAFAVA, SCHROEDER -- Multi-Sponsored by -- M. of A. ALFANO,
BOYLAND, CHRISTENSEN, CROUCH, ERRIGO, FINCH, GABRYSZAK, GIGLIO, HYER-
SPENCER, JOHN, MAISEL, McDONOUGH, MOLINARO, PHEFFER, SWEENEY, TOWN-
SEND, WALKER, WEISENBERG -- read once and referred to the Committee on
Mental Health, Mental Retardation and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to providing addi-
tional discharge planning for persons being released from civil
confinement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10.09 of the mental hygiene law is amended by
adding a new subdivision (i) to read as follows:
(I) IF THE COURT DISCHARGES THE RESPONDENT FROM CONFINEMENT THEN THE
COURT SHALL ORDER THE DIRECTOR OF THE SECURE TREATMENT FACILITY TO
PREPARE A DISCHARGE PLAN TO ENSURE THAT THE RESPONDENT IS DISCHARGED TO
THE COMMUNITY OF HIS OR HER RESIDENCE PRIOR TO CONVICTION OR COMMITMENT
AS APPROPRIATE, AND HAS SUITABLE CLOTHING ADAPTED TO THE SEASON IN WHICH
HE OR SHE IS DISCHARGED NOT TO EXCEED SIXTY-FIVE DOLLARS IN VALUE AND
TRANSPORTATION TO SUCH RESIDENCE OR SUCH OTHER PLACE AS THE COMMISSIONER
MAY DESIGNATE. SUCH PLAN SHALL ALSO INCLUDE REFERRAL TO ANY SERVICES
WHICH THE COMMISSIONER DEEMS APPROPRIATE IN THE COMMUNITY OF RESIDENCE,
INCLUDING MEDICATION, AFTERCARE SERVICES AND ASSISTANCE IN FINDING
EMPLOYMENT FOLLOWING DISCHARGE AS PROVIDED IN SECTION 29.15 OF THIS
CHAPTER.
S 2. Section 10.11 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
(I) IF THE COURT DISCHARGES THE RESPONDENT FROM THE REGIMEN OF STRICT
AND INTENSIVE SUPERVISION THEN THE COURT SHALL ORDER THE DIRECTOR OF THE
SECURE TREATMENT FACILITY TO PREPARE A DISCHARGE PLAN TO ENSURE THAT THE
RESPONDENT IS DISCHARGED TO THE COMMUNITY OF HIS OR HER RESIDENCE PRIOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02476-01-9
A. 6042 2
TO CONVICTION OR COMMITMENT AS APPROPRIATE, AND HAS SUITABLE CLOTHING
ADAPTED TO THE SEASON IN WHICH HE OR SHE IS DISCHARGED NOT TO EXCEED
SIXTY-FIVE DOLLARS IN VALUE AND TRANSPORTATION TO SUCH RESIDENCE OR SUCH
OTHER PLACE AS THE COMMISSIONER MAY DESIGNATE. SUCH PLAN SHALL ALSO
INCLUDE REFERRAL TO ANY SERVICES WHICH THE COMMISSIONER DEEMS APPROPRI-
ATE IN THE COMMUNITY OF RESIDENCE, INCLUDING MEDICATION, AFTERCARE
SERVICES AND ASSISTANCE IN FINDING EMPLOYMENT FOLLOWING DISCHARGE AS
PROVIDED IN SECTION 29.15 OF THIS CHAPTER.
S 3. This act shall take effect immediately.