S T A T E O F N E W Y O R K
________________________________________________________________________
6039
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
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Introduced by M. of A. CUSICK, RAIA, CROUCH, ARROYO -- Multi-Sponsored
by -- M. of A. ABBATE, BRAUNSTEIN, COOK, DAVILA, DiPIETRO, McDONOUGH,
SIMON -- read once and referred to the Committee on Mental Health
AN ACT to create "Robin's law"; and to amend the mental hygiene law, in
relation to mental health and chemical dependence outpatient treatment
of sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Robin's law."
§ 2. The mental hygiene law is amended by adding a new section 7.48 to
read as follows:
§ 7.48 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS, AS DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03
OF THIS TITLE, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
GUIDELINES AND PROCEDURES SHALL OUTLINE BEST PRACTICES TO ENSURE A
PROTECTED, SAFE AND CLINICALLY SOUND TREATMENT ENVIRONMENT FOR ALL
PATIENTS AND SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH
GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL
OF STAKEHOLDERS WHO SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESEN-
TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
§ 3. The mental hygiene law is amended by adding a new section 19.45
to read as follows:
§ 19.45 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04333-01-9
A. 6039 2
THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
OFFENDERS, AS DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
CORRECTION LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03
OF THIS CHAPTER, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
GUIDELINES AND PROCEDURES SHALL OUTLINE BEST PRACTICES TO ENSURE A
PROTECTED, SAFE AND CLINICALLY SOUND TREATMENT ENVIRONMENT FOR ALL
PATIENTS AND SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON
EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION. IN DEVELOPING SUCH
GUIDELINES AND PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL
OF STAKEHOLDERS WHO SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESEN-
TATIVES OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH
PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
§ 4. This act shall take effect immediately.