Senate Bill S7069A

                                BILL NUMBER:S7069

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation
to averting retraumatization of victims of sexual offenses in a
behavioral health outpatient setting

PURPOSE:
This bill would have the Office of Mental Health, and the Office of
Alcoholism and Substance Abuse consult with stakeholders in the
development of guidelines and procedures regarding victims of sexual
offenses receiving services in an outpatient group setting.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section to the Mental Hygiene Law,

§7.44, as follows:

§7.44 Victims of sexual offenses; outpatient group setting. The office
shall develop guidelines
and procedures regarding victims of sexual offenses receiving
services in an outpatient group setting. Such guidelines and
procedures shall outline best practices providers may use when
providing services to victims of sexual abuse in an effort to avert
retraumatization by known sex offenders. Such best practices shall,
              

to the greatest extent possible, be based on evidence based
practices. In creating such guidelines and procedures, the office
shall consult with stakeholders. Such stakeholders shall include, but
not be limited to, representatives of consumer advocates, providers
and victim rights groups.

§2. The mental hygiene law is amended by adding a new section 19.43,
as follows:

§ 19.43 Victims of sexual offenses; outpatient group setting. The
Office shall develop guidelines and procedures regarding victims of
sexual offenses receiving services in an outpatient group setting.
Such guidelines and procedures shall outline best practices providers
may use when providing services to victims of sexual abuse in an
effort to avert retraumatization by known sex offenders. Such best
practices shall, to the greatest extent possible, be based on
evidence based practices. In creating such guidelines and procedures,
the office shall consult with stakeholders. Such stakeholders shall
include, but not be limited to, representatives of consumer
advocates, providers and victim rights groups.

§3 of the bill establishes 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 bill has the Office of Mental Health and
Office of Alcoholism and Substance Abuse Services develop guidelines
and procedures regarding victims of sexual offenses from
retraumatization during their time in a behavior health outpatient
setting.

LEGISLATIVE HISTORY:
A.10255A of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.