senate Bill S3262B

2011-2012 Legislative Session

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to mental health
delivered to assembly
passed senate
May 07, 2012 amended on third reading 3262c
Mar 19, 2012 advanced to third reading
Mar 15, 2012 2nd report cal.
Mar 14, 2012 1st report cal.355
Jan 04, 2012 referred to mental health and developmental disabilities
Jun 24, 2011 committed to rules
May 25, 2011 advanced to third reading
May 24, 2011 2nd report cal.
May 23, 2011 1st report cal.796
Mar 25, 2011 print number 3262b
amend and recommit to mental health and developmental disabilities
Mar 15, 2011 print number 3262a
amend and recommit to mental health and developmental disabilities
Feb 15, 2011 referred to mental health and developmental disabilities

Votes

view votes

Mar 14, 2012 - Mental Health and Developmental Disabilities committee Vote

S3262B
8
0
committee
8
Aye
0
Nay
2
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: Mar 14, 2012

aye wr (2)

May 23, 2011 - Mental Health and Developmental Disabilities committee Vote

S3262B
8
0
committee
8
Aye
0
Nay
2
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: May 23, 2011

aye wr (2)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S3262 - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §33.27, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S6622A

S3262 - Summary

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.

S3262 - Sponsor Memo

S3262 - Bill Text download pdf

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

                                  3262

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- 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 requiring provid-
  ers of non-emergency, clinical outpatient treatment to  check  whether
  patients are sex offenders and to segregate sex offender patients from
  other patients

  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
33.27 to read as follows:
S 33.27 REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
          OUTPATIENT TREATMENT.
  (A) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH  REQUIRES  THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO  PROVIDE  HIS  OR  HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-EIGHT-A OF  THE  CORRECTION  LAW.  IN  ADDITION,  SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE  WHETHER  EACH
SUCH PATIENT IS A SEX OFFENDER.
  (B)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING  ANY  CALENDAR  YEAR,  SHALL  SCHEDULE  AND  TREAT
PATIENTS  WHO  ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS
WHO ARE NOT SEX OFFENDERS ARE WITHIN ANY  PORTION  OF  THE  FACILITY  OR
PROGRAM IN WHICH TREATMENT IS PROVIDED.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S3262A - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §33.27, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S6622A

S3262A - Summary

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.

S3262A - Sponsor Memo

S3262A - Bill Text download pdf

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

                                 3262--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to requiring provid-
  ers  of  non-emergency, clinical outpatient treatment to check whether
  patients are sex offenders and to segregate sex offender patients from
  other patients

  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
33.27 to read as follows:
S 33.27 REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING  CLINICAL
          OUTPATIENT TREATMENT.
  (A)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO PROVIDE HIS OR HER ADDRESS AND DATE OF  BIRTH,  AND  INQUIRE  WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW. IN ADDITION, SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-EIGHT-P  OF THE CORRECTION LAW, TO DETERMINE WHETHER EACH
SUCH PATIENT IS A SEX OFFENDER.
  (B) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF COUNSELING TO A PATIENT, WHICH REQUIRES  THREE
OR  MORE  VISITS DURING ANY CALENDAR YEAR, SHALL MAKE REASONABLE EFFORTS
TO NOT SCHEDULE AND TREAT PATIENTS WHO ARE NOT SEX OFFENDERS DURING  AND
AT SUCH TIMES AS PATIENTS WHO ARE SEX OFFENDERS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S3262B - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §33.27, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S6622A

S3262B - Summary

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.

S3262B - Sponsor Memo

S3262B - Bill Text download pdf

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

                                 3262--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens.  JOHNSON, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to requiring provid-
  ers  of  non-emergency, clinical outpatient treatment to check whether
  patients are sex offenders and to segregate sex offender patients from
  other patients

  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
33.27 to read as follows:
S 33.27 REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING  CLINICAL
          OUTPATIENT TREATMENT.
  (A)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO PROVIDE HIS OR HER ADDRESS AND DATE OF  BIRTH,  AND  INQUIRE  WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW. IN ADDITION, SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-EIGHT-P  OF THE CORRECTION LAW, TO DETERMINE WHETHER EACH
SUCH PATIENT IS A SEX OFFENDER.
  (B) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF COUNSELING TO A PATIENT, WHICH REQUIRES  THREE
OR  MORE  VISITS DURING ANY CALENDAR YEAR, SHALL MAKE REASONABLE EFFORTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02938-07-1

Co-Sponsors

S3262C (ACTIVE) - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §33.27, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S6622A

S3262C (ACTIVE) - Summary

Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders.

S3262C (ACTIVE) - Sponsor Memo

S3262C (ACTIVE) - Bill Text download pdf

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

                                 3262--C
    Cal. No. 355

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens.  JOHNSON,  KLEIN,  McDONALD, YOUNG, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Mental Health and Developmental Disabilities -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee  on Mental Health and Developmental Disabilities in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the mental hygiene law, in relation to directing the
  commissioner of mental health to promulgate regulations providing  for
  the segregation of sex offender patients from other patients

  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
33.27 to read as follows:
S 33.27 REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
          OUTPATIENT TREATMENT.
  THE  COMMISSIONER  OF  MENTAL  HEALTH  SHALL  PROMULGATE   REGULATIONS
PROSCRIBING, TO THE EXTENT PRACTICABLE, THE PROVISION OF CARE AND TREAT-
MENT  OF  SEX OFFENDERS, AS DEFINED BY SECTION ONE HUNDRED SIXTY-EIGHT-A
OF THE CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED BY SECTION
10.03 OF THIS CHAPTER, BY FACILITIES AND PROGRAMS LICENSED  OR  OPERATED
BY  THE  DEPARTMENT  CONCURRENTLY  AND  IN THE SAME GROUP OF TWO OR MORE
INDIVIDUALS AS PATIENTS OR CLIENTS WHO ARE NOT SEX OFFENDERS OR DETAINED
SEX OFFENDERS. SUCH REGULATIONS SHALL ADDRESS ASPECTS INCLUDING, BUT NOT
LIMITED TO: THE TYPES OF FACILITIES AND  PROGRAMS  SUBJECT  TO  RELEVANT
PROVISIONS;  PROTOCOLS  FOR DETERMINING WHETHER A CLIENT OR PATIENT IS A
SEX OFFENDER, AND CIRCUMSTANCES UNDER WHICH  SUCH  PROTOCOLS  SHALL  AND

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.