BILL NUMBER: S3765

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to averting retrau-
matization of victims of sexual offenses in a behavioral health outpa-
tient setting

 
PURPOSE:

This bill would have the Office of Mental Health, and the Office of
Alcoholism and Substance Abuse consult with stakeholders in the develop-
ment of guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section to the Mental Hygiene Law,

7.50, as follows:
              

§ 7.50 Victims of sexual offenses; outpatient group setting. The office
shall develop guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting. Such guidelines shall outline
best practices providers may use when providing services to victims of
sexual abuse in an effort to avert retraumatization by known sex offen-
ders. Such best practices shall, to the greatest extent Possible, be
based on evidence based practices. In creating such guidelines, the
office shall consult with stakeholders. Such stakeholders shall include,
but not be limited to, representatives of consumer advocates, providers
and victim rights groups.

2. The mental hygiene law is amended by adding a new section 19.44, as
follows:

§ 19.44 Victims of sexual offenses; outpatient group setting. The Office
shall develop guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting. Such guidelines shall outline
best practices providers may use when providing services to victims of
sexual abuse in an effort to avert retraumatization by known sex offen-
ders. Such best practices shall, to the greatest extent possible, be
based on evidence based practices. In creating such guidelines, the
office shall consult with stakeholders. Such stakeholders shall include,
but not be limited to, representatives of consumer advocates, providers
and victim rights groups.

§ 3. of the bill establishes the effective date.

 
JUSTIFICATION:

There are circumstances where sex offenders who are dependent upon drugs
and/or alcohol are ordered or mandated to attend chemical dependence
therapy as part of their plea and probation arrangements from a drug
alcohol court. However, it has come to the sponsor's attention that
there is the potential for, and actual cases of, victims of sexual abuse
being placed in the same alcohol and substance abuse therapy sessions as
a registered sex offender. This may lead to additional victimization of
sexual abuse victims and there should be Procedural mechanisms set in
place that prevent registered sex offenders and sexual abuse victims
from being in the same therapy sessions. This bill has the Office of
Mental Health and Office of Alcoholism and Substance Abuse Services
develop guidelines regarding victims of sexual offenses from retraumati-
zation during their time in a behavior health outpatient setting.

 
LEGISLATIVE HISTORY:

2017-18: s2346 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

2015-16: S.2640 - Referred to Mental Health and Developmental Disabili-
ties

2013-14: S.0891 - Referred to Mental Health and Developmental Disabili-
ties

2011-12: S.7069A/A.6573 -Passed the assembly/Died in Mental Health

A.10255-A of 2009-10

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.