Senate Bill S2187

2021-2022 Legislative Session

Relates to establishing residential treatment facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health 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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2021-S2187 (ACTIVE) - Details

See Assembly Version of this Bill:
A4860
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.18, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8336, A10539
2023-2024: S740, A2361

2021-S2187 (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.

2021-S2187 (ACTIVE) - Sponsor Memo

2021-S2187 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2187
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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