NY State Senate Bill 2017-S8768

Senate Bill S8768

2017-2018 Legislative Session

Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	referred to mental health and developmental disabilities

2017-S8768 (ACTIVE) - Details

See Assembly Version of this Bill:: A3135
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Executive Law
Laws Affected:: Amd §553, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10064
2015-2016: A3866

2017-S8768 (ACTIVE) - Summary

Relates to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations.

2017-S8768 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8768

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the executive law, in relation to the right to counsel
for persons who receive services through the office of mental health or
the office for people with developmental disabilities for certain inves-
tigations

 
PURPOSE:

This bill adds paragraphs (c) and (d) to subdivision 25 of section 553
of the executive law, providing a right to counsel, either through
mental hygiene legal service, or private financing, for individuals who
are recipients of OMH or OPWDD services, and are interviewed as part of
a Justice Center investigation. It also requires notice to the parent,
person in parental relation or legal guardian, if any, of the person to
be interviewed

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides that individuals who are the recipients
of services through OMH or OPWDD licensed or operated services or facil-
ities, have a right to counsel when interviewed by, or on behalf of, the
Justice Center for the Protection of People with Special Needs. It also
provides for notice to the parent, person in parental relation or legal
guardian, if any of the person to be interviewed, prior to the interview
being conducted.

Section 2 is the effective date

 
JUSTIFICATION:

In pursuit of its mission, the Justice Center has been provided substan-
tial law enforcement and investigatory power.  Recognizing that numerous
investigations involve people who are the recipients of services, many
of whom are vulnerable or underage and therefore may the lack capacity
to protect their own rights, it is imperative that measures be taken to
protect their legal rights in the investigation process.

 
LEGISLATIVE HISTORY:

2015-16: A3866 passed Assembly
2014: A10064 reported to Rules/57671A referred to Mental Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S8768 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8768
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 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 to amend the executive law, in relation to the right  to  counsel
   for  persons  who receive services through the office of mental health
   or the office for people with developmental disabilities  for  certain
   investigations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 25   of section 553 of  the  executive  law  is
 amended by adding two new paragraphs (c) and (d) to read as follows:
   (C)  ANY PERSON WHO IS THE RECIPIENT OF SERVICES THROUGH THE OFFICE OF
 MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES
 OPERATED  OR  LICENSED AGENCY OR FACILITY, AND IS INTERVIEWED AS PART OF
 AN INVESTIGATION CONDUCTED BY OR ON THE PART OF THE JUSTICE  CENTER  FOR
 THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL HAVE THE RIGHT TO BE
 REPRESENTED BY THE MENTAL HYGIENE LEGAL SERVICE, OR  PRIVATELY  FINANCED
 COUNSEL, AT ALL STAGES OF THE PROCEEDINGS.
   (D)  PRIOR  TO ANY INTERVIEW OF A PERSON AS DESCRIBED IN PARAGRAPH (C)
 OF THIS SUBDIVISION, NOTICE MUST BE  GIVEN  TO  THE  PARENT,  PERSON  IN
 PARENTAL  RELATION,  OR  LEGAL  GUARDIAN OF THAT PERSON, IF ANY, THAT AN
 INTERVIEW IS TO BE CONDUCTED.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02528-01-7

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