Senate Bill S5825

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5825
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  directing  the
   commissioner  of  mental health to issue a review and report regarding
   certain facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5.05 of the mental hygiene law is amended by adding
 a new subdivision (f) to read as follows:
   (F)  (1)  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND THE OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS SHALL, IN COLLABORATION WITH THE COMMISSIONER OF
 THE NEW YORK CITY DEPARTMENT OF HOMELESS  SERVICES  AND  THE  CHAIR  AND
 CHIEF  EXECUTIVE  OFFICER OF THE NEW YORK CITY HOUSING AUTHORITY, REVIEW
 AND ISSUE A REPORT CONCERNING ALL PROPOSALS BY AN AGENCY REQUESTING TO:
   A. ENTER INTO CONTRACT OR SIMILAR AGREEMENT TO PROVIDE SERVICES  AT  A
 NEW LOCATION AS A SOCIAL SERVICES FACILITY; AND
   B.  TO EXPAND THE SIZE AND/OR CHANGE THE TYPE OF SERVICES OFFERED OF A
 SOCIAL SERVICES FACILITY, WITHIN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE.
   (2) THE REVIEW AND  REPORT  SHALL  FOCUS  ON  THE  FOLLOWING  FACTORS,
 INCLUDING, WITHOUT LIMITATION:
   A. THE PROPOSED IMPACT IN THE AFFECTED COMMUNITY.
   B.  THE CURRENT LEVEL AND CONCENTRATION OF ALL SOCIAL SERVICES FACILI-
 TIES IN THE AFFECTED AREA.
   C. THE CUMULATIVE EFFECT THEREOF; AND SPECIFIC SUGGESTIONS,  MODIFICA-
 TION AND OBJECTIONS AS EXPRESSED BY THE AFFECTED COMMUNITY.
   (3)  FOR THE PURPOSE OF THIS SUBDIVISION, A "SOCIAL SERVICES FACILITY"
 SHALL INCLUDE THE FOLLOWING:
   A. ACS PLACEMENT FACILITIES. "ACS PLACEMENT FACILITIES" MEANS  FACILI-
 TIES,  CERTIFIED  BY  THE  NEW  YORK STATE OFFICE OF CHILDREN AND FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09526-01-1

 S. 5825                             2
 
 SERVICES, FOR THE CARE OF YOUTH PLACED IN ACCORDANCE WITH THE PROVISIONS
 OF THE FAMILY COURT ACT AND THE REGULATIONS OF THE NEW YORK STATE OFFICE
 OF CHILDREN AND FAMILY SERVICES, MANAGED DIRECTLY BY THE  ADMINISTRATION
 FOR  CHILDREN'S SERVICES OR UNDER CONTRACT OR SIMILAR AGREEMENT WITH THE
 ADMINISTRATION FOR CHILDREN'S SERVICES.
   B. CITY-ADMINISTERED FACILITIES, "CITY-ADMINISTERED FACILITIES"  MEANS
 HOTELS,  SHELTERS  AND  OTHER  ACCOMMODATIONS  OR  ASSOCIATED  SERVICES,
 MANAGED BY OR PROVIDED UNDER CONTRACT OR SIMILAR AGREEMENT WITH ANY CITY
 AGENCY, PROVIDED TO INDIVIDUALS OR FAMILIES WHO NEED TEMPORARY EMERGENCY
 HOUSING OR ASSISTANCE FINDING OR MAINTAINING STABLE HOUSING.
   C. DHS-ADMINISTERED FACILITIES.  "DHS-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOME-
 LESS  SERVICES OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH
 THE DEPARTMENT OF HOMELESS SERVICES.
   D. DYCD-ADMINISTERED FACILITIES. "DYCD-ADMINISTERED FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF YOUTH
 AND  COMMUNITY  DEVELOPMENT  OR  BY A PROVIDER UNDER CONTRACT OR SIMILAR
 AGREEMENT WITH THE DEPARTMENT OF YOUTH AND COMMUNITY DEVELOPMENT.
   E. HPD-ADMINISTERED FACILITIES.  "HPD-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOUS-
 ING  PRESERVATION  AND  DEVELOPMENT  OR  BY A PROVIDER UNDER CONTRACT OR
 SIMILAR AGREEMENT WITH THE DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
 OPMENT.
   F. HRA-ADMINISTERED FACILITIES.  "HRA-ADMINISTERED  FACILITIES"  MEANS
 CITY-ADMINISTERED  FACILITIES  MANAGED  DIRECTLY  BY THE HUMAN RESOURCES
 ADMINISTRATION OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH
 THE HUMAN RESOURCES ADMINISTRATION, EXCLUDING SHELTERS  FOR  VICTIMS  OF
 DOMESTIC VIOLENCE MANAGED DIRECTLY BY THE HUMAN RESOURCES ADMINISTRATION
 OR  BY  A  PROVIDER  UNDER  CONTRACT OR SIMILAR AGREEMENT WITH THE HUMAN
 RESOURCES ADMINISTRATION.
   G. SUPPORTIVE  HOUSING  FACILITIES.  "SUPPORTIVE  HOUSING  FACILITIES"
 MEANS  AFFORDABLE,  INDEPENDENT,  AND  PERMANENT  HOUSING  WITH  SUPPORT
 SERVICES FOR TENANTS, INCLUDING BUT NOT LIMITED TO PEOPLE WHO HAVE  BEEN
 HOMELESS,  HAVE  HISTORIES  OF  SUBSTANCE  ABUSE, ARE COPING WITH MENTAL
 ILLNESS, HAVE CHRONIC ILLNESSES SUCH AS HIV/AIDS, ARE YOUNG ADULTS AGING
 OUT OF FOSTER CARE,  ARE  HOMELESS  VETERANS,  OR  GRANDPARENTS  RAISING
 GRANDCHILDREN,  AND  IS  UNDER CONTRACT WITH A CITY AGENCY INCLUDING BUT
 NOT LIMITED TO THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE HUMAN
 RESOURCES ADMINISTRATION.
   (4) WITHIN NINETY DAYS OF THE COMPLETION OF A REVIEW CONDUCTED  PURSU-
 ANT  TO  PARAGRAPH  ONE  OF  THIS  SUBDIVISION, THE COMMISSIONERS OF THE
 OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISA-
 BILITIES  AND  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS SHALL, IN
 COLLABORATION WITH THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF
 HOMELESS  SERVICES  AND THE CHAIR AND CHIEF EXECUTIVE OFFICER OF THE NEW
 YORK CITY HOUSING AUTHORITY, SHALL ISSUE A REPORT AND DELIVER A COPY  OF
 THEIR  FINDINGS,  AND  ANY  LEGISLATIVE  RECOMMENDATIONS THEY DEEM TO BE
 NECESSARY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE CHAIR OF THE MENTAL HEALTH AND DEVELOP-
 MENTAL DISABILITIES COMMITTEE OF THE SENATE, AND THE CHAIR OF THE MENTAL
 HEALTH COMMITTEE OF THE ASSEMBLY.
   § 2. This act shall take effect immediately.