Assembly Bill A4353

2011-2012 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 Assembly 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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2011-A4353 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง7.26, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
A3919

2011-A4353 (ACTIVE) - Summary

Requires the office of mental health to hold public hearings prior to opening any sexually violent predator facilities; provides that no facility may be established within a one-mile radius of any school, day care, public park, or similar establishment.

2011-A4353 (ACTIVE) - Bill Text download pdf 

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

                                  4353

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by M. of A. GABRYSZAK, SPANO, JAFFEE, REILLY, COLTON, ROBIN-
  SON, SCHROEDER -- Multi-Sponsored by -- M. of A. CLARK, DUPREY, FINCH,
  MAISEL,    MAYERSOHN,    McDONOUGH,    McKEVITT,    MOLINARO,    OAKS,
  PEOPLES-STOKES,  PHEFFER,  SAYWARD  --  read  once and referred to the
  Committee on Mental Health

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.
                                                           LBD08632-01-1

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