Senate Bill S6324

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

                                  6324

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 2, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15175-01-9

              

S. 6324                             2

  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
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.