NY State Senate Bill S7069A

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

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

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2012	print number 7069a
Jun 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)

Original

A (Active)

S7069 - Details

See Assembly Version of this Bill:: A6573
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.44 & 19.43, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S891
2015-2016: S2640
2017-2018: S2346
2019-2020: S3765
2021-2022: S3282

S7069 - Summary

Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

S7069 - Sponsor Memo

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.

S7069 - Bill Text download pdf

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

                                  7069

                            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 averting  retrau-
  matization of victims of sexual offenses in a behavioral health outpa-
  tient setting

  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
7.44 to read as follows:
S 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 PRAC-
TICES. 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.
  S  2.  The mental hygiene law is amended by adding a new section 19.43
to read as follows:
S 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 PRAC-
TICES.  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.
  S 3. This act shall take effect immediately.

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

                      [ ] is old law to be omitted.
                                                           LBD02938-10-2

S7069A (ACTIVE) - Details

See Assembly Version of this Bill:: A6573
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.44 & 19.43, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S891
2015-2016: S2640
2017-2018: S2346
2019-2020: S3765
2021-2022: S3282

S7069A (ACTIVE) - Summary

Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

S7069A (ACTIVE) - Sponsor Memo

BILL NUMBER:S7069A

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 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 regarding victims of sexual offenses
receiving services in an outpatient group setting.
Such guidelines 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, 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 regarding victims of sexual offenses
receiving services in an outpatient group setting. Such guidelines
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, 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
regarding victims of sexual offenses from retraumatization during
their time in a behavior health outpatient setting.

LEGISLATIVE HISTORY:
A.10255-A of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7069A (ACTIVE) - Bill Text download pdf

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

                                 7069--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 averting retrau-
  matization of victims of sexual offenses in a behavioral health outpa-
  tient setting

  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
7.44 to read as follows:
S 7.44 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
  THE OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF  SEXUAL
OFFENSES  RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE-
LINES SHALL OUTLINE BEST PRACTICES  PROVIDERS  MAY  USE  WHEN  PROVIDING
SERVICES  TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA-
TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE  GREATEST
EXTENT  POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH
GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH  STAKEHOLD-
ERS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER
ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
  S 2. The mental hygiene law is amended by adding a new  section  19.43
to read as follows:
S 19.43 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
  THE  OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF SEXUAL
OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH  GUIDE-
LINES  SHALL  OUTLINE  BEST  PRACTICES  PROVIDERS MAY USE WHEN PROVIDING
SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT  RETRAUMATIZA-
TION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST
EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING  SUCH
GUIDELINES,  THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD-
ERS SHALL INCLUDE, BUT NOT BE LIMITED TO,  REPRESENTATIVES  OF  CONSUMER
ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
  S 3. This act shall take effect immediately.

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

                                                           LBD02938-14-2

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The New York State Senate

senate Bill S7069A

Sponsored By

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

Your Voice

Actions

Bill Amendments

S7069 - Details

S7069 - Summary

S7069 - Sponsor Memo

S7069 - Bill Text download pdf

S7069A (ACTIVE) - Details

S7069A (ACTIVE) - Summary

S7069A (ACTIVE) - Sponsor Memo

S7069A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7069A

Share this bill

Sponsored By

Owen H. Johnson

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

Your Voice

Actions

Bill Amendments

S7069 - Details

S7069 - Summary

S7069 - Sponsor Memo

S7069 - Bill Text download pdf

S7069A (ACTIVE) - Details

S7069A (ACTIVE) - Summary

S7069A (ACTIVE) - Sponsor Memo

S7069A (ACTIVE) - Bill Text download pdf

Comments