Senate Bill S630

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

                                   630

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- 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 executive law, in relation to the powers and  duties
  of the justice center

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 26, 27 and 28 of section 553 of the  executive
law,  subdivisions  26 and 27 as added by section 3 of part A of chapter
501 of the laws of 2012, subdivision 28 as added by chapter 394  of  the
laws  of  2014  are amended and a new subdivision 29 is added to read as
follows:
  26. To review the cost effectiveness of mental  hygiene  programs  and
procedures  provided for by law with particular attention to efficiency,
effectiveness and economy in the management, supervision and delivery of
such programs. Such review may include but is not limited to: (a) deter-
mining reasons for rising costs and possible means of controlling  them;
(b)  analyzing and comparing expenditures in mental hygiene to determine
the factors associated with variations in costs; and (c)  analyzing  and
comparing  achievements  in  selected  samples  to determine the factors
associated with variations in program success and their relationship  to
mental hygiene costs; [and]
  27.  In  its discretion, to review the policies and practices relating
to the prevention of abuse or neglect in facilities  or  provider  agen-
cies,  including  staffing  patterns  of  various service models and the
supervision required to help ensure the safety of service recipients[.];
  28. To carry out investigations by observing  critical  protocols  and
procedures  to  ensure  the  safety of a vulnerable person or persons in
light of their clinical, personal considerations and the  need  for  the
timely  completion  of  an  effective  investigation. Such protocols and

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

                                                           LBD00079-01-5

S. 630                              2

procedures shall be developed by the justice center in consultation with
the advisory  council  established  pursuant  to  section  five  hundred
sixty-one  of  this  article and the appropriate state agency. Protocols
and  procedures  developed jointly by the director of the justice center
and the respective state oversight agency shall be considered final upon
agreement between the director and any such commissioner and  shall  not
depend  on  a final agreement between the director of the justice center
and all affected agency commissioners.  Such  protocols  and  procedures
shall include:
  (a)  In  the  event  that it is necessary to obtain information in the
course of an investigation  from  a  vulnerable  person,  protocols  and
procedures  shall  be established for ascertaining whether or not inter-
viewing such person is clinically contraindicated prior to  such  inter-
view  taking  place.  Nothing  in this subdivision shall be construed to
require a formal clinical assessment prior to interviewing a  vulnerable
person.
  (i)  For those vulnerable persons subject to an interview, the justice
center shall develop appropriate procedures and protocols to ensure that
any interview is conducted safely and in a timely fashion  in  light  of
relevant  clinical,  behavioral and other facts relating to the individ-
ual's disability, safety and wellbeing. Such  protocols  and  procedures
shall also recognize any ability the vulnerable person may have to advo-
cate  on his or her own behalf by providing information to facilitate an
investigation to enhance his or her own safety  and  wellbeing  and  the
safety and wellbeing of others.
  (ii)  In  the  event  that an interview is clinically contraindicated,
despite the provision of appropriate procedures and protocols, including
special accommodations  for  effectively  and  safely  obtaining  timely
information  in  light  of the person's clinical characteristics such as
the presence of a personal representative as  defined  in  section  four
hundred  eighty-eight  of the social services law, the vulnerable person
shall be exempt from such interview. However,  the  justice  center  may
determine  not  to grant such exemption if, in accordance with protocols
and procedures developed pursuant to this section,  it  determines  that
there  exists  an  overriding  health and safety need to proceed with an
interview of the vulnerable person and provided that the justice  center
takes necessary means to protect such vulnerable person's health, safety
and wellbeing during such interview.
  (b)  Procedures  to  inform  a vulnerable person and/or their personal
representative of the protocols used  in  an  interview  and  that  such
interview  is  voluntary.  Further,  if  applicable as determined by the
justice center, the vulnerable person shall be informed that any  search
of  the  vulnerable  individual's  person or property shall also be done
voluntarily. Such procedures shall include:
  (i) Appropriate notification to a vulnerable  person  as  to  what  to
expect in an interview;
  (ii)  An  appropriate  means of interviewing a vulnerable person given
the limitations such individual may have in comprehending  questions  as
well as given linguistic and cultural barriers to such understanding;
  (iii) Appropriate notification, when at all advisable given the nature
of  an  investigation  to  a  personal  representative that a vulnerable
person shall be questioned or subject to an interview and to enable such
personal representative to provide any information which they believe is
necessary to protect the individual;

S. 630                              3

  (iv) Procedures for determining under  what  circumstance  a  personal
representative  shall  accompany  an  individual  with a disability or a
vulnerable person during an interview.
  (c) Procedures to facilitate the preparation of pertinent information,
including  clinical information, necessary to safely conduct an investi-
gation pursuant to this section, including timely  notification  by  the
justice center to the appropriate administrative personnel of the agency
serving  such  vulnerable person that such information will be required.
Such information shall be readily available to the justice center  on  a
form  it  prescribes prior to any contact between the justice center and
such individual[.]; AND
  29. TO DEVELOP GUIDANCE  DOCUMENTS  RELATING  TO  THE  PROCEDURES  FOR
REVIEW OF REPORTABLE INCIDENTS ESTABLISHED PURSUANT TO SUBDIVISION THREE
OF  THIS  SECTION.  ALL  SUCH DOCUMENTS SHALL BE ADDRESSED TO EACH STATE
OVERSIGHT AGENCY IDENTIFIED IN SUBDIVISION FOUR OF SECTION FIVE  HUNDRED
FIFTY OF THIS ARTICLE AND SHALL CONTAIN A UNIQUE SET OF INSTRUCTIONS FOR
EACH SUCH AGENCY TAKING INTO CONSIDERATION EACH SUCH AGENCY'S PARTICULAR
MISSION  AND CONSTITUENCY. EACH SUCH AGENCY SHALL, AT THE REQUEST OF THE
JUSTICE CENTER, PRODUCE FOR THE JUSTICE CENTER'S REVIEW, CURRENT  PROCE-
DURES AND PRACTICES UTILIZED IN RECORDING AND REPORTING REPORTABLE INCI-
DENTS.  TO  ENSURE CONSISTENCY ACROSS STATE AGENCIES, THE JUSTICE CENTER
SHALL DEVELOP OR IDENTIFY  A  UNIFORM  SET  OF  CORE  PRINCIPLES  TO  BE
INCLUDED IN ANY GUIDANCE DOCUMENTS PRODUCED.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.