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.
