S T A T E O F N E W Y O R K
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11357
I N A S S E M B L Y
September 19, 2018
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to placement of
registered sex offenders by the office for people with developmental
disabilities
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
13.38-a to read as follows:
§ 13.38-A PLACEMENT OF REGISTERED SEX OFFENDERS.
1. THE OFFICE SHALL DESIGNATE SPECIFIC RESIDENTIAL PLACEMENTS FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES WHO ARE REGISTERED SEX
OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. THE OFFICE
SHALL DETERMINE HOW MANY RESIDENTIAL PLACEMENTS FOR INDIVIDUALS WHO ARE
REGISTERED SEX OFFENDERS ARE NECESSARY TO PROVIDE ADEQUATE SERVICES TO
SUCH INDIVIDUALS AND SHALL ENSURE THAT THE LOCATION OF SUCH RESIDENTIAL
PLACEMENTS ARE GEOGRAPHICALLY DISBURSED THROUGHOUT THE STATE.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE OFFICE SHALL
NOT PERMIT OR CAUSE THE PLACEMENT OF ANY REGISTERED SEX OFFENDER IN ANY
RESIDENTIAL PLACEMENT OTHER THAN SPECIFICALLY DESIGNATED RESIDENTIAL
PLACEMENTS FOR REGISTERED SEX OFFENDERS AS PROVIDED IN SUBDIVISION ONE
OF THIS SECTION.
3. THE OFFICE SHALL DEVELOP A STAFFING MODEL FOR SUCH RESIDENTIAL
PLACEMENTS FOR REGISTERED SEX OFFENDERS WHICH SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, AN ADEQUATE STAFF TO RESIDENT RATIO AND APPROPRIATE
TRAINING, TO ENSURE THE SAFETY AND WELL-BEING OF THE RESIDENTS.
4. TRANSITIONAL CARE PROVIDED TO SUCH REGISTERED SEX OFFENDERS WITH
DEVELOPMENTAL DISABILITIES SHALL INCLUDE OUTREACH BY THE OFFICE TO LOCAL
LAW ENFORCEMENT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16547-01-8