Assembly Bill A2361

2023-2024 Legislative Session

Relates to establishing residential treatment facilities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A2361 (ACTIVE) - Details

See Senate Version of this Bill:
S740
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.18, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10539, S8336
2021-2022: A4860, S2187

2023-A2361 (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.

2023-A2361 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2361
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. WEPRIN, DICKENS -- read once and referred 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.
                                                            LBD00278-01-3
              

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