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

                                  7468

                            I N  S E N A T E

                               May 4, 2016
                               ___________

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

AN ACT establishing a task force to examine and evaluate the  operations
  of the justice center for the protection of people with special needs;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. There is hereby created a task force to examine and  evalu-
ate  the  operations  of the justice center for the protection of people
with special needs as established in article 20 of the executive law.
  S 2. The task force shall consist of twelve  members,  four  of  which
shall  be appointed by the governor, four of which shall be appointed by
the temporary president of  the  senate  and  four  of  which  shall  be
appointed by the speaker of the assembly. All members shall be appointed
on  the  basis  of their professional and personal knowledge in the care
and treatment of and in the provision of services, supports, and advoca-
cy to and on behalf of service recipients,  as  defined  in  subdivision
nine  of  section  four hundred eighty-eight of the social services law,
and individuals with disabilities,  or  their  active  interest  in  the
system of services for such service recipients or individuals with disa-
bilities. The task force may include, but need not be limited to:
  (a) members of boards of visitors appointed pursuant to articles seven
and thirteen of the mental hygiene law;
  (b)  consumer  representatives,  including  current  or former service
recipients of an applicable facility or provider agency;
  (c) parents, relatives or guardians of such service recipients;
  (d) providers of services to vulnerable persons;
  (e) directors of facilities, community services or members of communi-
ty service boards;
  (f) current and former consumers of services or members  of  community
service boards;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15229-01-6
              

S. 7468                             2

  (g)  current  and  former  consumers  of services for individuals with
physical disabilities;
  (h)  members  of  organizations  that advocate on behalf of vulnerable
persons and individuals with disabilities; and
  (i) employees of a facility or provider agency as defined in  subdivi-
sion  four  of  section four hundred eighty-eight of the social services
law.
  S 3. The task force shall review the mission  and  operations  of  the
justice  center  for  the  protection  of people with special needs, the
validity of claims of abuse  and  neglect  and  the  appropriateness  of
prosecutorial actions. This review shall also include but not be limited
to:
  (a) ensuring that allegations of abuse and neglect are valid and if so
have been promptly and fully investigated;
  (b) reviewing common standards and requirements for investigators;
  (c)  ensuring  that  individuals  who  are  responsible  for abuse and
neglect have been held accountable;
  (d) reviewing all prosecutorial conduct and ensuring all  prosecutions
were valid and within the mission of the agency;
  (e)  reviewing  the register of names of individuals found responsible
for acts of abuse or neglect and  whether  such  individuals  have  been
barred from employment in the care of people with special needs; and
  (f) reviewing investigations and procedures related to cases involving
death.
  S  4.  The  task force shall make a preliminary report to the governor
and the legislature of its findings, conclusions and recommendations not
later than six months after the effective date of this act, and a  final
report  of its findings, conclusions and recommendations, not later than
one year after the effective date of this act and shall submit with  its
reports  legislative  proposals  as  it deems necessary to implement its
recommendations.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a law and shall expire eighteen months after it shall have
become a law when upon such date the provisions of  this  act  shall  be
deemed repealed.