senate Bill S545

2011-2012 Legislative Session

Provides guidelines and aids in locating sites for community residential facilities

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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
Mar 23, 2011 reported and committed to finance
Jan 05, 2011 referred to mental health and developmental disabilities

Votes

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

S545
5
0
committee
5
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mental Health and Developmental Disabilities Committee Vote: Mar 23, 2011

aye wr (4)
excused (1)

Co-Sponsors

S545 - Bill Details

See Assembly Version of this Bill:
A4921
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง41.34, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S1873, A9957

S545 - Bill Texts

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

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BILL NUMBER:S545

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to site selections of
community residential facilities

PURPOSE OR GENERAL IDEA OF BILL:
Provides guidelines and aid in locating sites for community
residential facilities.

SUMMARY OF PROVISIONS:
Section 1 amends 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 by adding a new subdivision (g) adding group homes
housing juvenile delinquents, outpatient clinics and day treatment
centers providing psychiatric and drug rehabilitation services to the
list of community residences and similar facilities whose presence
the state must consider when evaluating the siting of a proposed
community residential facility. The bill also requires OPWDD to
conduct a study of community residence siting patterns and within a
year issue guidelines for acceptable community concentration levels
and appropriate minimum distances between community residence
facilities.

Section 2 for an effective date 180 days after it shall become law.

JUSTIFICATION:
According to data released by the New York State Office of Children
and Family Services, Mt. Vernon, a city with a population of 68,381,
situated on 4.36 square miles, is already home to approximately
twenty-seven residential facilities licensed by either the New York
state Department of Health, Office of Mental Retardation and
Developmental Disabilities, Office of Children and Family Services or
the Office of Temporary and Disability Assistance.

This legislation was drafted response to concerns by the City of Mount
Vernon that it has become over-saturated with group homes and is
shouldering a disproportionate share of Westchester County's entire
burden of providing services to these residences It would expand the
current limits of Padavan's Law so that all group homes housing
juvenile delinquents, as well as outpatient clinics and day treatment
centers providing psychiatric and drug rehabilitation services would
be included in determining when a community has reached its
saturation point.

Under the existing provisions of Padavan's Law (section 4L34 of the
consolidated Laws of Mental Hygiene) organizations for the mentally
disabled must apply for residency by submitting a letter of intent
that details the nature of the proposed residence. The city then has
40 days to accept the proposal, suggest an alternative site within
city-limits, or reject it because it "would result in a concentration
of community residential facilities for the mentally disabled."

Padavan's Law does not currently include facilities for juvenile
delinquents or outpatient clinics for substance abuse, both of which


affect the essential 'nature and character' of a community just as
much as other state-licensed group facilities and should rightfully
be considered in determining the limits of their location. This
legislation would expand the scope of similar existing facilities
whose presence must be considered in determining whether or not to
permit the siting of new community residential facilities.

To avoid excessive clustering and undue demands on local services in
the future, this legislation also calls for a statewide study to
determine the appropriate minimum distances between such facilities.

PRIOR LEGISLATIVE HISTORY:
2007-08 - S.5333 - Referred to Mental Health & Developmental Disabilities
2009-10 - S.1873 - Referred to Mental Health & Developmental Disabilities

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

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

                                   545

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, DIAZ, HASSELL-THOMPSON, HUNTLEY, SAVINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Mental Health and Developmental Disabilities

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

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

S. 545                              2

SUBPARAGRAPH (C) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION  AS
THEY RELATE TO COMMUNITY RESIDENTIAL FACILITIES AND WITHIN THREE HUNDRED
SIXTY-FIVE  DAYS ISSUE ITS RECOMMENDED GUIDELINES FOR APPROPRIATE COMMU-
NITY CONCENTRATION LEVELS AND MINIMUM DISTANCES BETWEEN SUCH FACILITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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