Senate Bill S8336A

2019-2020 Legislative Session

Relates to establishing residential treatment facilities

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Sponsored By

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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Bill Amendments

2019-S8336 - Details

See Assembly Version of this Bill:
A10539
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.18, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2187, A4860
2023-2024: S740, A2361

2019-S8336 - Summary

Relates to establishing residential treatment facilities as an alternative to incarceration designated by the commissioner for the care and treatment of persons with serious mental illness who are accused of at least one felony level crime.

2019-S8336 - Sponsor Memo

2019-S8336 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8336
 
                             I N  S E N A T E
 
                               May 15, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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  mental hygiene law, in relation to establishing
   semi-secure residential treatment facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.18 of the mental hygiene law, as added by chapter
 7 of the laws of 2007, is amended to read as follows:
 § 7.18 Secure treatment facilities in the office.
   (a)  1.  There  shall be in the office secure treatment facilities, as
 defined in subdivision (o) of section 10.03 of this title, as designated
 by the commissioner for the care and treatment of dangerous  sex  offen-
 ders requiring confinement, as described in article ten of this title.
   [(b)] 2. Such secure treatment facilities may be created on the former
 grounds  of  hospitals  operated  by the office, but shall be considered
 separate and distinct facilities and shall not be considered or  defined
 as hospitals.
   (B)  1. THERE SHALL BE IN THE OFFICE SEMI-SECURE RESIDENTIAL TREATMENT
 FACILITIES AS AN ALTERNATIVE TO INCARCERATION DESIGNATED BY THE  COMMIS-
 SIONER  FOR  THE  CARE  AND  TREATMENT  OF  PERSONS  WITH SERIOUS MENTAL
 ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO OF  SECTION  1.03  OF  THIS
 CHAPTER  AND ACCUSED OF AT LEAST ONE FELONY LEVEL CRIME. SUCH FACILITIES
 MAY BE OPERATED BY A PUBLIC OR PRIVATE NON-PROFIT  ORGANIZATION  AS  SET
 FORTH IN SUBDIVISION (D) OF SECTION 7.17 OF THIS ARTICLE.
   2.  ADMISSION  TO  SUCH  FACILITY  WILL REQUIRE VOLUNTARY AND INFORMED
 CONSENT OF PERSONS LIVING WITH SUCH SERIOUS MENTAL ILLNESS TO RESIDE  AT
 SUCH  FACILITY  FOR  UP  TO TWO YEARS AND TO ABIDE BY ALL FACILITY RULES
 INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT NOT TO  LEAVE  THE  FACILITY
 WITHOUT  WEARING  A  GLOBAL POSITIONING SYSTEM DEVICE AND ACCOMPANIED BY
 STAFF, UNLESS  OTHERWISE  AUTHORIZED  BY  THE  FACILITY  DIRECTOR.  SUCH
 INFORMED  CONSENT  SHALL BE MEMORIALIZED IN AN AGREEMENT ENTERED INTO BY
 THE PRESIDING JUDGE IN THE CRIMINAL MATTER INVOLVING SUCH  FELONY  LEVEL
 CRIME,  THE  PERSON  LIVING  WITH SUCH SERIOUS MENTAL ILLNESS ALLEGED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2019-S8336A (ACTIVE) - Details

See Assembly Version of this Bill:
A10539
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.18, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2187, A4860
2023-2024: S740, A2361

2019-S8336A (ACTIVE) - Summary

Relates to establishing residential treatment facilities as an alternative to incarceration designated by the commissioner for the care and treatment of persons with serious mental illness who are accused of at least one felony level crime.

2019-S8336A (ACTIVE) - Sponsor Memo

2019-S8336A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8336--A
 
                             I N  S E N A T E
 
                               May 15, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental  Disabilities  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  establishing
   residential treatment facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.18 of the mental hygiene law, as added by chapter
 7 of the laws of 2007, is amended to read as follows:
 § 7.18 Secure treatment facilities in the office.
   (a) 1. There shall be in the office secure  treatment  facilities,  as
 defined in subdivision (o) of section 10.03 of this title, as designated
 by  the  commissioner for the care and treatment of dangerous sex offen-
 ders requiring confinement, as described in article ten of this title.
   [(b)] 2. Such secure treatment facilities may be created on the former
 grounds of hospitals operated by the office,  but  shall  be  considered
 separate  and distinct facilities and shall not be considered or defined
 as hospitals.
   (B) 1. THERE SHALL BE IN THE OFFICE RESIDENTIAL  TREATMENT  FACILITIES
 AS  AN  ALTERNATIVE  TO INCARCERATION DESIGNATED BY THE COMMISSIONER AND
 LICENSED BY THE OFFICE OF MENTAL HEALTH FOR THE CARE  AND  TREATMENT  OF
 PERSONS WITH SERIOUS MENTAL ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO
 OF  SECTION  1.03  OF  THIS CHAPTER WHO ARE ALSO ACCUSED OF AT LEAST ONE
 FELONY LEVEL CRIME. SUCH FACILITIES MAY  BE  OPERATED  BY  A  PUBLIC  OR
 PRIVATE  NON-PROFIT  ORGANIZATION  AS  SET  FORTH  IN SUBDIVISION (D) OF
 SECTION 7.17 OF THIS ARTICLE.
   2. ADMISSION TO SUCH FACILITY  WILL  REQUIRE  VOLUNTARY  AND  INFORMED
 CONSENT  OF PERSONS LIVING WITH SUCH SERIOUS MENTAL ILLNESS TO RESIDE AT
 SAID FACILITY AND TO ABIDE BY ALL  FACILITY  RULES  INCLUDING,  BUT  NOT
 LIMITED  TO,  A  VOLUNTARY  AGREEMENT  NOT TO LEAVE THE FACILITY WITHOUT
 WEARING A GLOBAL POSITIONING SYSTEM DEVICE  AND  ACCOMPANIED  BY  STAFF,
 UNLESS  OTHERWISE  AUTHORIZED  BY  THE  FACILITY DIRECTOR. SUCH INFORMED
 CONSENT SHALL BE MEMORIALIZED  IN  AN  AGREEMENT  ENTERED  INTO  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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