Senate Bill S7066

2011-2012 Legislative Session

Requires the development of guidelines for the outpatient mental health and chemical dependence treatment of sex offenders in group settings

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2012	print number 7066a
May 07, 2012	amend and recommit to mental health and developmental disabilities
Apr 26, 2012	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2011-S7066 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.45 & 19.43, Ment Hyg L

2011-S7066 - Summary

Directs the commissioner of mental health to develop guidelines and procedures for the outpatient mental health and chemical dependence treatment of sex offenders in group settings to ensure segregation from the general patient population.

2011-S7066 - Sponsor Memo

                                BILL NUMBER:S7066

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to mental health and
chemical dependence outpatient treatment of sex offenders

PURPOSE:
To require the development of guidelines for the outpatient mental
health and chemical dependence treatment of sex offenders in group
settings.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 7.45 to the mental hygiene
law to require that the Office of Mental Health develop guidelines
and procedures regarding the treatment of sex offenders in outpatient
group settings. Such guidelines and procedures shall outline best
practices to ensure a protected, safe and clinically sound treatment
environment for all patients and shall, to the greatest extent
possible, be based on evidence-based clinical treatment standards
regarding the segregation of sex offenders from the general patient
population. In developing such guidelines and procedures, the
commissioner shall consult with a panel of stakeholders who shall
include, but not be limited to, representatives of consumer advocates,
providers and victim rights groups. Such panel shall consist of
nine members, of whom: five shall be appointed by the Governor, two

by the Temporary President of the Senate, and two by the Speaker of
the Assembly.

Section 2 adds a new section 19.43 to the mental hygiene law to apply
the same provisions contained in section 1 of the bill to the Office
of Alcoholism and Substance Abuse Services.

Section 3 provides the effective date.

JUSTIFICATION:
There are circumstances where sex offenders who are dependent upon
drugs and/or alcohol are ordered or mandated to attend chemical
dependence therapy as part of their plea and probation arrangements
from a drug or alcohol court. However, it has come to the sponsor's
attention that there is the potential for, and actual cases of,
victims of sexual abuse being placed in the same alcohol and
substance abuse therapy sessions as a registered sex offender. This
may lead to additional victimization of sexual abuse victims and
there should be procedural mechanisms set in place that prevent
registered sex offenders and sexual abuse victims from being in the
same therapy sessions. This legislation would have the Office of
Mental Health and the Office of Alcoholism and Substance Abuse
Services develop guidelines and procedures regarding the segregation
of sex offenders from the general patient population in order to

ensure a protected, safe and clinically sound treatment environment
for all patients.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7066 - Bill Text download pdf

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

                                  7066

                            I N  S E N A T E

                             April 26, 2012
                               ___________

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 mental health and
  chemical dependence outpatient treatment of sex offenders

  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
7.45 to read as follows:
S 7.45 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
  THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS, AS DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
CORRECTION  LAW, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
GUIDELINES AND PROCEDURES SHALL  OUTLINE  BEST  PRACTICES  TO  ENSURE  A
PROTECTED,  SAFE  AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT FOR ALL
PATIENTS AND SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE  BASED  ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
SEX  OFFENDERS  FROM  THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH
GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH  A  PANEL
OF  STAKEHOLDERS  WHO  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESEN-
TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.  SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE  GOVERNOR,  TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  S 2. The mental hygiene law is amended by adding a new  section  19.43
to read as follows:
S 19.43 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
  THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS,  AS  DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A OF THE
CORRECTION LAW, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING.  SUCH
GUIDELINES  AND  PROCEDURES  SHALL  OUTLINE  BEST  PRACTICES TO ENSURE A
PROTECTED, SAFE AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT  FOR  ALL
PATIENTS  AND  SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE BASED ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF

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

                                                           LBD15491-01-2

S. 7066                             2

SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION.  IN  DEVELOPING  SUCH
GUIDELINES  AND  PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL
OF STAKEHOLDERS WHO SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  REPRESEN-
TATIVES  OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  S 3. This act shall take effect immediately.

2011-S7066A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.45 & 19.43, Ment Hyg L

2011-S7066A (ACTIVE) - Summary

2011-S7066A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7066A

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to mental health and
chemical dependence outpatient treatment of sex offenders

PURPOSE:
To require the development of guidelines for the outpatient mental
health and chemical dependence treatment of sex offenders in group
settings.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 7.45 to the mental hygiene
law to require that the Office of Mental Health develop guidelines
and procedures regarding the treatment of sex offenders (as defined)
and detained sex offenders (as defined) in outpatient group settings.
Such guidelines and procedures shall outline best practices to ensure
a protected, safe and clinically sound treatment environment for all
patients and shall, to the greatest extent possible, be based on
evidence-based clinical treatment standards regarding the segregation
of sex offenders from the general patient population. In developing
such guidelines and procedures, the commissioner shall consult with a
panel of stakeholders who shall include, but not be limited to,
representatives of consumer advocates, providers and victim rights
groups. Such panel shall consist of nine members, of whom: five shall

be appointed by the Governor, two by the Temporary President of the
Senate, and two by the Speaker of the Assembly.

Section 2 adds a new section 19.43 to the mental hygiene law to apply
the same provisions contained in section 1 of the bill to the Office
of Alcoholism and Substance Abuse Services.

Section 3 provides the effective date.

JUSTIFICATION:
There are circumstances where sex offenders who are dependent upon
drugs and/or alcohol are ordered or mandated to attend chemical
dependence therapy as part of their plea and probation arrangements
from a drug or alcohol court. However, it has come to the sponsor's
attention that there is the potential for, and actual cases of,
victims of sexual abuse being placed in the same alcohol and
substance abuse therapy sessions as a registered sex offender. This
may lead to additional victimization of sexual abuse victims and
there should be procedural mechanisms set in place that prevent
registered sex offenders and sexual abuse victims from being in the
same therapy sessions. This legislation would have the Office of
Mental Health and the Office of Alcoholism and Substance Abuse
Services develop guidelines and procedures regarding the segregation
of sex offenders from the general patient population in order to
ensure a protected, safe and clinically sound treatment environment
for all patients.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7066A (ACTIVE) - Bill Text download pdf

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

                                 7066--A

                            I N  S E N A T E

                             April 26, 2012
                               ___________

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 mental health and
  chemical dependence outpatient treatment of sex offenders

  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
7.45 to read as follows:
S 7.45 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
  THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS,  AS  DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A OF THE
CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION  10.03
OF  THIS  TITLE, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
GUIDELINES AND PROCEDURES SHALL  OUTLINE  BEST  PRACTICES  TO  ENSURE  A
PROTECTED,  SAFE  AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT FOR ALL
PATIENTS AND SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE  BASED  ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
SEX  OFFENDERS  FROM  THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH
GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH  A  PANEL
OF  STAKEHOLDERS  WHO  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESEN-
TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.  SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE  GOVERNOR,  TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  S 2. The mental hygiene law is amended by adding a new  section  19.43
to read as follows:
S 19.43 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
  THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS,  AS  DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A OF THE
CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION  10.03
OF THIS CHAPTER, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
GUIDELINES  AND  PROCEDURES  SHALL  OUTLINE  BEST  PRACTICES TO ENSURE A

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

                                                           LBD15491-02-2

S. 7066--A                          2

PROTECTED, SAFE AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT  FOR  ALL
PATIENTS  AND  SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE BASED ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
SEX  OFFENDERS  FROM  THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH
GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH  A  PANEL
OF  STAKEHOLDERS  WHO  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESEN-
TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.  SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE  GOVERNOR,  TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  S 3. This act shall take effect immediately.

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Senate Bill S7066

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2011-S7066 - Details

2011-S7066 - Summary

2011-S7066 - Sponsor Memo

2011-S7066 - Bill Text download pdf

2011-S7066A (ACTIVE) - Details

2011-S7066A (ACTIVE) - Summary

2011-S7066A (ACTIVE) - Sponsor Memo

2011-S7066A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Owen H. Johnson

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2011-S7066 - Details

2011-S7066 - Summary

2011-S7066 - Sponsor Memo

2011-S7066 - Bill Text download pdf

2011-S7066A (ACTIVE) - Details

2011-S7066A (ACTIVE) - Summary

2011-S7066A (ACTIVE) - Sponsor Memo

2011-S7066A (ACTIVE) - Bill Text download pdf

Comments