Assembly Bill A8914

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

                                  8914

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Mental Health

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-
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

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

                      [ ] is old law to be omitted.
                                                           LBD01708-01-1

A. 8914                             2

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.