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Assembly Bill A4921

2011-2012 Legislative Session

Provides guidelines and aids in locating sites for community residential facilities

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Archive: Last Bill Status - In Assembly Committee

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2011-A4921 (ACTIVE) - Details

See Senate Version of this Bill:
S545
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง41.34, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
A9957, S1873

2011-A4921 (ACTIVE) - Summary

Provides guidelines and aides in locating sites for community residential facilities; requires OPDD to conduct study on location of proposed sites.

2011-A4921 (ACTIVE) - Bill Text download pdf 

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

                                  4921

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to  site  selections
  of community residential facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (C) of  paragraph  1  of  subdivision  (c)  of
section  41.34  of  the mental hygiene law, as amended by chapter 823 of
the laws of 1992, is amended and a new subdivision (g) is added to  read
as follows:
  (C) object to the establishment of a facility of the kind described by
the  sponsoring  agency  because to do so would result in such a concen-
tration of community residential facilities for the mentally disabled in
the municipality or in the area in proximity to the site selected  or  a
combination  of such facilities with other community residences or simi-
lar facilities licensed by other agencies of state government, including
all community residences, intermediate care facilities, residential care
facilities for adults and residential treatment facilities for  individ-
uals with mental illness or developmental disabilities operated pursuant
to article sixteen or article thirty-one of this chapter and all similar
residential  facilities  of  fourteen  or  less  residents  operated  or
licensed by another state agency[,] AND ALSO GROUP HOMES  HOUSING  JUVE-
NILE  DELINQUENTS  AND  OUTPATIENT  CLINICS  AND  DAY  TREATMENT CENTERS
PROVIDING PSYCHIATRIC AND DRUG REHABILITATION SERVICES that  the  nature
and character of the areas within the municipality would be substantial-
ly altered.
  (G) IN ADDITION TO ANY OTHER PROVISION OF THIS SECTION, THE OFFICE FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES SHALL CONDUCT A STUDY OF STATE-
WIDE AND LOCAL MUNICIPAL SITING PATTERNS FOR FACILITIES REFERRED  TO  IN
SUBPARAGRAPH  (C) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION AS
THEY RELATE TO COMMUNITY RESIDENTIAL FACILITIES AND WITHIN THREE HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04416-01-1

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