Senate Bill S2695

2009-2010 Legislative Session

Requires the office of mental health to hold public hearings prior to opening any sexually violent predator facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2695 (ACTIVE) - Details

See Assembly Version of this Bill:
A3919
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §7.26, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
A4353

2009-S2695 (ACTIVE) - Summary

Requires the office of mental health to hold public hearings prior to opening any sexually violent predator facilities.

2009-S2695 (ACTIVE) - Sponsor Memo

2009-S2695 (ACTIVE) - Bill Text download pdf 

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

                                  2695

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens.  AUBERTINE,  C. JOHNSON,  KLEIN, ONORATO, SAMPSON,
  SAVINO -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Mental Health and Developmental Disabil-
  ities

AN  ACT to amend the mental hygiene law, in relation to establishing new
  sexually violent predator facilities

  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
7.26 to read as follows:
S 7.26 SEXUALLY VIOLENT PREDATOR FACILITIES.
  1.   PRIOR TO OPENING ANY  SEXUALLY  VIOLENT  PREDATOR  FACILITY,  THE
OFFICE  SHALL BE REQUIRED TO HOLD A MINIMUM OF TWO PUBLIC HEARINGS.  THE
PLACE, DATE AND TIME OF EACH MEETING SHALL BE CLEARLY AND  CONSPICUOUSLY
POSTED  TO  PROVIDE ADEQUATE NOTICE TO ALL LOCAL RESIDENTS.  SUCH NOTICE
SHALL BE POSTED AT LEAST THIRTY DAYS PRIOR TO SUCH MEETING.  EACH  MEET-
ING SHALL HAVE AT LEAST A PORTION OF SUCH MEETING OPEN TO THE PUBLIC FOR
GENERAL  COMMENT.  THE  OFFICE  SHALL NOT MAKE A DETERMINATION AS TO THE
VIABILITY OF THE ESTABLISHMENT OF A SEXUALLY VIOLENT  PREDATOR  FACILITY
UNTIL  AFTER  ALL PUBLIC MEETINGS HAVE BEEN HELD. THE OFFICE MUST STATE,
IN WRITING, WITH PARTICULARITY, THE REASONS FOR AUTHORIZING  THE  ESTAB-
LISHMENT OF A FACILITY. THE OFFICE MUST ALSO POST THE INFORMATION ON THE
OFFICE'S WEBSITE.
  2.  NO  FACILITY  MAY  BE  ESTABLISHED WITHIN A ONE-MILE RADIUS OF ANY
SCHOOL, DAY CARE, PUBLIC PARK, OR SIMILAR ESTABLISHMENT.
  3. NO FACILITY MAY BE ESTABLISHED WITHIN THIRTY MILES OF  AN  EXISTING
SEXUALLY VIOLENT PREDATOR FACILITY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02473-01-9

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