senate Bill S4251

2013-2014 Legislative Session

Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders

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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
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to mental health and developmental disabilities
Jun 05, 2013 reported and committed to finance
Mar 15, 2013 referred to mental health and developmental disabilities

Votes

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Feb 5, 2014 - Mental Health and Developmental Disabilities committee Vote

S4251
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Feb 5, 2014

Jun 5, 2013 - Mental Health and Developmental Disabilities committee Vote

S4251
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jun 5, 2013

aye wr (2)

Co-Sponsors

S4251 - Bill Details

See Assembly Version of this Bill:
A7032
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยงยง7.45 & 19.43, Ment Hyg L

S4251 - Bill Texts

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Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders; requires the development of guidelines and procedures for outpatient group settings.

view sponsor memo
BILL NUMBER:S4251

TITLE OF BILL: An act to create "Robin's law"; and 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 2 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 3 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 4 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.


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

                                  4251

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to create "Robin's law"; and 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. This act shall be known and may be cited as "Robin's law."
  S 2. 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  3.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09581-01-3

S. 4251                             2

  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
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 4. This act shall take effect immediately.

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