S T A T E O F N E W Y O R K
________________________________________________________________________
1558
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
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Introduced by M. of A. SANTABARBARA, STECK -- read once and referred to
the Committee on Mental Health
AN ACT to amend the executive law, in relation to the powers and duties
of the advisory council of the justice center for the protection of
people with special needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 561 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
6-A. THE COUNCIL 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.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02443-01-9