senate Bill S1199

2011-2012 Legislative Session

Provides additional discharge planning for persons being released from civil confinement

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to mental health and developmental disabilities
Feb 08, 2011 reported and committed to finance
Jan 05, 2011 referred to mental health and developmental disabilities

Votes

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Feb 8, 2011 - Mental Health and Developmental Disabilities committee Vote

S1199
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Feb 8, 2011

aye wr (1)

Co-Sponsors

S1199 - Bill Details

See Assembly Version of this Bill:
A8914
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยงยง10.09 & 10.11, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S3533, A1115
2011-2012: A1087

S1199 - Bill Texts

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Provides additional discharge planning for persons being released from civil confinement including supervision, electronic monitoring, appropriate clothing, transportation, medication and a service plan.

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BILL NUMBER: S1199

TITLE OF BILL :
An act to amend the mental hygiene law, in relation to providing
additional discharge planning for persons being released from civil
confinement


PURPOSE :
Provides additional discharge planning for persons being released from
civil confinement.

SUMMARY OF PROVISIONS :
The mental hygiene law is amended to provide that discharge of a
respondent from confinement or strict and intensive supervision by the
court shall include a discharge plan that ensures the respondent is
discharged to the community of his or her residence prior to
conviction or commitment and shall include the use of electronic
monitoring for a period to be determined by the court.

JUSTIFICATION :
Civil confinement of sexually violent predators will keep our
communities safe and provide necessary treatment. Once the courts make
the determination to discharge these individuals from confinement or
strict and intensive supervision, the discharge plan should include
provisions to return the individual back to their home of origin. The
counties in which offenders were confined should not have to bear
additional costs of any continued treatment, services or housing they
may need once they are released. Further, those counties and
communities who by circumstances host these facilities, should not
bear the brunt of added worry regarding these individuals becoming
residents of their community. To further provide a safeguard to
residents where a respondent is discharged, such respondent shall be
required to use an electronic monitoring device for a period of time
as ordered by the court.

LEGISLATIVE HISTORY :
2008 - S.7499 passed Senate.
2009 - S.3533 Mental Health Developmental Disabilities Committee

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1199

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental 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. SUCH PLAN SHALL ENSURE THAT THE RESPONDENT  IS
DISCHARGED  TO HIS OR HER COUNTY OF RESIDENCE PRIOR TO THE CONVICTION OR
COMMITMENT, AS APPROPRIATE, WITH SUPERVISION WHICH SHALL INCLUDE THE USE
OF ELECTRONIC MONITORING OR GLOBAL POSITIONING SATELLITE TRACKING FOR AN
APPROPRIATE PERIOD OF TIME TO BE DETERMINED BY THE COURT. THE RESPONDENT
SHALL BE PROVIDED SUITABLE CLOTHING ADAPTED TO THE SEASON IN WHICH HE OR
SHE IS DISCHARGED AND SUCH CLOTHING SHALL NOT EXCEED SIXTY-FIVE  DOLLARS
IN  VALUE. SUCH PLAN SHALL ALSO PROVIDE FOR TRANSPORTATION TO SUCH RESI-
DENCE AND INCLUDE REFERRAL TO ANY SERVICES WHICH THE COMMISSIONER  DEEMS
APPROPRIATE  IN THE COMMUNITY OF RESIDENCE, INCLUDING MEDICATION, AFTER-
CARE 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. SUCH  PLAN  SHALL
ENSURE  THAT  THE RESPONDENT IS DISCHARGED TO HIS OR HER COUNTY OF RESI-
DENCE PRIOR TO THE CONVICTION OR COMMITMENT, AS APPROPRIATE, WITH SUPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01708-01-1

S. 1199                             2

VISION WHICH SHALL INCLUDE THE USE OF ELECTRONIC  MONITORING  OR  GLOBAL
POSITIONING  SATELLITE  TRACKING FOR AN APPROPRIATE PERIOD OF TIME TO BE
DETERMINED BY THE COURT.  THE  RESPONDENT  SHALL  BE  PROVIDED  SUITABLE
CLOTHING ADAPTED TO THE SEASON IN WHICH HE OR SHE IS DISCHARGED AND SUCH
CLOTHING  SHALL  NOT EXCEED SIXTY-FIVE DOLLARS IN VALUE. SUCH PLAN SHALL
ALSO PROVIDE FOR TRANSPORTATION TO SUCH RESIDENCE AND  INCLUDE  REFERRAL
TO ANY SERVICES WHICH THE COMMISSIONER DEEMS APPROPRIATE IN THE COMMUNI-
TY 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 on the one hundred eightieth day after
it shall have become a law.

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