Bill Text: NY A01333 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the yellow ribbon reintegration program and makes an appropriation therefore; includes the adjutant general and the director of reintegration and the directors of veterans affairs as members of the traumatic brain injury services coordinating council and includes additional toxic materials or harmful physical agents in the scope of information to be provided by the veterans health care information program; requires health screening of veterans for traumatic brain injury and post-traumatic stress disorder; allows a criminal defendant to plead to not responsible by reason of mental disease or defect stemming from service in a combat zone; includes in the scope of duties of the division of veterans affairs, the commissioner of the office of mental health and the commissioner of the office of alcoholism and substance abuse services the establishment of a program for mental health and rehabilitative services for veterans, members of the New York national guard and residents in the armed forces reserves and their family members; makes an appropriation therefor.
Spectrum: Moderate Partisan Bill (Republican 12-3)
Status: (Introduced - Dead) 2012-01-04 - referred to veterans' affairs [A01333 Detail]
Download: New_York-2011-A01333-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1333 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. CASTELLI, MONTESANO, BURLING, SALADINO, ORTIZ -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the military law, in relation to establishing the yellow ribbon reintegration program and making an appropriation therefor; to amend the public health law, in relation to including the adjutant general and the director of reintegration and the directors of veter- ans' affairs as members of the traumatic brain injury services coordi- nating council and including additional toxic materials or harmful physical agents in the scope of information to be provided by the veterans health care information program; to amend the executive law, in relation to health screening of veterans for traumatic brain injury and post-traumatic stress disorder; to amend the criminal procedure law, in relation to allowing a criminal defendant to plea to not responsible by reason of mental disease or defect stemming from service in a combat zone; and to amend the executive law and the mental hygiene law, in relation to including in the scope of duties of the division of veterans' affairs, the commissioner of the office of mental health and the commissioner of the office of alcoholism and substance abuse services the establishment of a program for mental health and rehabilitative services for veterans, members of the New York national guard and residents in the armed forces reserves and their family members THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The military law is amended by adding a new article 14 to 2 read as follows: 3 ARTICLE XIV 4 YELLOW RIBBON REINTEGRATION PROGRAM 5 SECTION 340. DEFINITIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05574-01-1 A. 1333 2 1 341. YELLOW RIBBON REINTEGRATION PROGRAM; ESTABLISHMENT AND 2 PURPOSE. 3 342. OFFICE FOR REINTEGRATION PROGRAMS. 4 343. STATE DEPLOYMENT CYCLE SUPPORT TEAMS. 5 344. REINTEGRATION PROGRAMS. 6 345. POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY 7 QUESTIONNAIRES. 8 S 340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 9 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 10 1. "BATTLEMIND II TRAINING" MEANS A PROGRAM DEVELOPED BY THE UNITED 11 STATES ARMY THAT CONSISTS OF VIDEO VIGNETTES MEANT TO ASSIST MEMBERS OF 12 THE ARMED FORCES IN RELATING COMBAT SKILLS TO EMOTIONAL REACTIONS THAT 13 THEY MAY EXPERIENCE AFTER DEPLOYMENT. 14 2. "FAMILY ASSISTANCE CENTERS" MEANS CENTERS ESTABLISHED BY THE NEW 15 YORK NATIONAL GUARD OFFICE OF FAMILY PROGRAMS WITHIN THE DIVISION OF 16 MILITARY AND NAVAL AFFAIRS, WHICH PROVIDE LOCATIONS FROM WHICH ASSIST- 17 ANCE AND INFORMATION MAY BE PROVIDED TO FAMILIES OF MEMBERS OF THE NEW 18 YORK NATIONAL GUARD. 19 3. "FAMILY READINESS GROUPS" MEANS GROUPS ESTABLISHED BY THE NEW YORK 20 NATIONAL GUARD OFFICE OF FAMILY PROGRAMS WITHIN THE DIVISION OF MILITARY 21 AND NAVAL AFFAIRS, WHICH PROVIDE INFORMATION, SUPPORT AND SERVICES TO 22 FAMILIES OF MEMBERS OF THE NEW YORK NATIONAL GUARD RELATING TO PREPARING 23 SUCH FAMILIES FOR THE RETURN OF THEIR NEW YORK NATIONAL GUARD FAMILY 24 MEMBER FROM DEPLOYMENT. 25 4. "MILITARY ONESOURCE" MEANS THE PROGRAM ESTABLISHED BY THE UNITED 26 STATES DEPARTMENT OF DEFENSE TO AID ACTIVE DUTY, GUARD AND RESERVE 27 MEMBERS AND THEIR FAMILIES BY PROVIDING GUIDANCE TO MEMBERS AND THEIR 28 FAMILIES AS TO EXISTING SERVICES, MAKING SUCH SERVICES MORE ACCESSIBLE 29 AND SUPPLEMENTING SUCH SERVICES. 30 5. "POST-DEPLOYMENT HEALTH REASSESSMENT" MEANS A PROGRAM MANDATED BY 31 THE UNITED STATES ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS, 32 DESIGNED TO IDENTIFY AND ADDRESS HEALTH CONCERNS, WITH SPECIFIC EMPHASIS 33 ON MENTAL HEALTH, THAT HAVE EMERGED SINCE DEPLOYMENT. 34 6. "TRICARE" MEANS A HEALTH INSURANCE PLAN AVAILABLE FOR ELIGIBLE 35 RESERVE COMPONENT MEMBERS WHO ARE SERVING IN THE NEW YORK ARMY NATIONAL 36 GUARD. 37 7. "UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION 38 PROGRAMS" MEANS THE FEDERAL OFFICE ESTABLISHED BY THE NATIONAL DEFENSE 39 AUTHORIZATION ACT OF 2008, PUBLIC LAW 110-181 OF THE ONE HUNDRED TENTH 40 CONGRESS. 41 S 341. YELLOW RIBBON REINTEGRATION PROGRAM; ESTABLISHMENT AND PURPOSE. 42 1. THE ADJUTANT GENERAL, IN COORDINATION WITH THE FEDERAL CHIEF OF THE 43 NATIONAL GUARD BUREAU, SHALL ESTABLISH A YELLOW RIBBON REINTEGRATION 44 PROGRAM TO PROVIDE NATIONAL GUARD MEMBERS AND THEIR FAMILIES WITH SUFFI- 45 CIENT INFORMATION, SERVICES, REFERRAL, AND PROACTIVE OUTREACH OPPORTU- 46 NITIES THROUGHOUT THE ENTIRE DEPLOYMENT CYCLE. THIS PROGRAM SHALL BE 47 KNOWN AS THE YELLOW RIBBON REINTEGRATION PROGRAM. 48 2. THE YELLOW RIBBON REINTEGRATION PROGRAM SHALL CONSIST OF INFORMA- 49 TIONAL EVENTS AND ACTIVITIES FOR MEMBERS OF THE ORGANIZED MILITIA OR OF 50 A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, THEIR 51 FAMILIES AND COMMUNITY MEMBERS THROUGH THE FOUR PHASES OF THE DEPLOYMENT 52 CYCLE: 53 (A) PRE-DEPLOYMENT. 54 (B) DEPLOYMENT. 55 (C) DEMOBILIZATION. 56 (D) POST-DEPLOYMENT RECONSTITUTION. A. 1333 3 1 3. THE HEAD OF SUCH PROGRAM SHALL BE THE DIRECTOR OF THE YELLOW RIBBON 2 REINTEGRATION PROGRAM. HE OR SHE SHALL BE APPOINTED BY THE ADJUTANT 3 GENERAL. 4 S 342. OFFICE FOR REINTEGRATION PROGRAMS. 1. (A) THE DIVISION OF MILI- 5 TARY AND NAVAL AFFAIRS SHALL ESTABLISH THE OFFICE FOR REINTEGRATION 6 PROGRAMS. THIS OFFICE SHALL ADMINISTER ALL REINTEGRATION PROGRAMS IN 7 COORDINATION WITH STATE ORGANIZATIONS AND THE UNITED STATES NATIONAL 8 GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS. 9 (B) THE OFFICE FOR REINTEGRATION PROGRAMS SHALL CONSIST OF TEN 10 FULL-TIME ENLISTED PERSONNEL TO ADMINISTER THE YELLOW RIBBON REINTE- 11 GRATION PROGRAM. THE OFFICE SHALL BE RESPONSIBLE FOR COORDINATION WITH 12 EXISTING NEW YORK NATIONAL GUARD FAMILY AND SUPPORT PROGRAMS. THE 13 COMMANDERS OF THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD MAY APPOINT 14 LIAISON OFFICERS TO WORK WITH THE PERMANENT OFFICE STAFF. THE OFFICE 15 SHALL CLOSELY COORDINATE WITH APPROPRIATE OFFICERS AND ENLISTED PERSON- 16 NEL WITH RESPECT TO EXISTING FAMILY SUPPORT STRUCTURE, MOBILIZATION 17 SCHEDULES, TRAINING SCHEDULES, TRAINING PLANS AND PROGRAMS, AND ANY 18 OTHER PERSONNEL ISSUES. 19 2. THE OFFICE FOR REINTEGRATION PROGRAMS SHALL ISSUE INTERNAL REPORTS 20 AS NECESSARY AND SHALL SUBMIT ANNUAL REPORTS TO THE LEGISLATURE NOT 21 LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE END OF A ONE-YEAR PERIOD 22 FROM ESTABLISHMENT OF THE OFFICE FOR REINTEGRATION PROGRAMS. THESE 23 REPORTS SHALL CONTAIN: 24 (A) AN EVALUATION OF THE REINTEGRATION PROGRAM'S IMPLEMENTATION; 25 (B) AN ASSESSMENT OF ANY UNMET RESOURCE REQUIREMENTS; 26 (C) AN ASSESSMENT OF THE REINTEGRATION PROGRAM'S INCLUSION OF OTHER 27 RESERVE COMPONENT SERVICE MEMBERS AND THE NECESSITY FOR FURTHER EXPAN- 28 SION TO INCORPORATE ALL THE RESERVE COMPONENTS; AND 29 (D) RECOMMENDATIONS REGARDING CLOSER COORDINATION BETWEEN THE OFFICE 30 OF REINTEGRATION PROGRAMS AND STATE ORGANIZATIONS. 31 S 343. STATE DEPLOYMENT CYCLE SUPPORT TEAMS. THE ADJUTANT GENERAL 32 SHALL DETAIL PERSONNEL NECESSARY TO THE DIRECTOR OF REINTEGRATION FOR 33 THE ADMINISTRATION OF THE YELLOW RIBBON REINTEGRATION PROGRAM IN COORDI- 34 NATION WITH UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION 35 PROGRAMS DEPLOYMENT CYCLE SUPPORT TEAM MEMBERS BASED ON NEED, GEOGRAPH- 36 ICAL DISPERSION, AND MILITARY POPULATION. THE OFFICE FOR REINTEGRATION 37 PROGRAMS IS ENCOURAGED TO EMPLOY WOUNDED SERVICE MEMBERS AND RETURNING 38 COMBAT VETERANS WHENEVER POSSIBLE. THE PRIMARY FUNCTION OF TEAM MEMBERS 39 SHALL BE: 40 1. DEVELOPING AND MANAGING THE REINTEGRATION CURRICULUM; 41 2. CONTRACTING AND RECRUITING FOR NECESSARY SERVICE PROVIDERS; AND 42 3. ENSURING THAT PROVIDERS' SKILLS ADAPT TO THE UNIQUE MILITARY NATURE 43 OF THE REINTEGRATION PROGRAM. 44 S 344. REINTEGRATION PROGRAMS. 1. THE OFFICE FOR REINTEGRATION 45 PROGRAMS SHALL ANALYZE THE DEMOGRAPHICS, PLACEMENT OF STATE FAMILY 46 ASSISTANCE CENTERS, AND FAMILY ASSISTANCE CENTER RESOURCES BEFORE A 47 MOBILIZATION ALERT IS ISSUED TO AFFECTED STATE NATIONAL GUARD ORGANIZA- 48 TIONS. THE OFFICE OF REINTEGRATION PROGRAMS SHALL CONSULT WITH THE 49 UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS 50 FOLLOWING THE ISSUANCE OF A MOBILIZATION ALERT AND IMPLEMENT THE REINTE- 51 GRATION EVENTS IN ACCORDANCE WITH THE REINTEGRATION PROGRAM PHASE MODEL. 52 2. THE PRE-DEPLOYMENT PHASE SHALL BE CONDUCTED BY UNITED STATES 53 NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT CYCLE 54 SUPPORT TEAM MEMBERS AND CONSTITUTE THE TIME FROM FIRST NOTIFICATION OF 55 MOBILIZATION UNTIL DEPLOYMENT OF THE MOBILIZED NATIONAL GUARD UNIT. 56 EVENTS AND ACTIVITIES SHALL FOCUS ON PROVIDING EDUCATION AND ENSURING A. 1333 4 1 THE READINESS OF SERVICE MEMBERS, FAMILIES, AND COMMUNITIES FOR THE 2 RIGORS OF A COMBAT DEPLOYMENT AND SHALL INCLUDE THE FOLLOWING: 3 (A) SERVICE MEMBER READINESS; 4 (B) MARRIAGE COUNSELING; 5 (C) YOUTH COUNSELING; 6 (D) FAMILY COUNSELING; 7 (E) SINGLE SERVICE MEMBER COUNSELING; 8 (F) INFORMATION ON RESOURCES AVAILABLE TO SERVICE MEMBERS AND FAMI- 9 LIES; 10 (G) INTRODUCTION TO THE MILITARY ONESOURCE PROGRAM; 11 (H) DIVISION OF VETERANS' AFFAIRS RESOURCES; 12 (I) SMALL BUSINESS PLANNING; 13 (J) FINANCIAL PLANNING AND EDUCATION; AND 14 (K) STATE PROGRAMS AND BENEFITS. 15 3. (A) THE DEPLOYMENT PHASE SHALL BE CONDUCTED BY THE UNITED STATES 16 NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT CYCLE 17 SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM DEPLOYMENT OF THE 18 MOBILIZED NATIONAL GUARD UNIT UNTIL THE UNIT ARRIVES AT A DEMOBILIZATION 19 STATION INSIDE THE CONTINENTAL UNITED STATES. EVENTS AND SERVICES 20 PROVIDED SHALL FOCUS ON THE CHALLENGES AND STRESS ASSOCIATED WITH SEPA- 21 RATION AND HAVING A SERVICE MEMBER IN A COMBAT ZONE. EVENTS AND SERVICES 22 INCLUDE SUPPORT ACTIVITIES LISTED IN PARAGRAPH (B) OF THIS SUBDIVISION 23 AND REINTEGRATION PREPARATION ACTIVITIES LISTED IN PARAGRAPH (C) OF THIS 24 SUBDIVISION. INFORMATION SESSIONS SHOULD UTILIZE STATE NATIONAL GUARD 25 RESOURCES IN COORDINATION WITH THE FEDERAL OFFICES RELATED THERETO. 26 (B) SUPPORT ACTIVITIES SHALL INCLUDE: 27 (I) YOUTH COUNSELING; 28 (II) FAMILY COUNSELING; 29 (III) COMMUNITY OUTREACH; 30 (IV) CONTINUED CONTACT WITH SPOUSES AND PARENTS; 31 (V) INFORMATION ON RESOURCES AVAILABLE TO FAMILY MEMBERS, TO INCLUDE 32 ACCESS TO MILITARY ONESOURCE AND CHILD CARE; 33 (VI) TRICARE AND HEALTHCARE; 34 (VII) MILITARY PAY AND ALLOWANCES; AND 35 (VIII) STATE PROGRAMS AND BENEFITS. 36 (C) REINTEGRATION PREPARATION ACTIVITIES SHALL BE CONDUCTED AS 37 FOLLOWS: 38 (I) FAMILY INFORMATION SESSIONS SHOULD PREPARE FAMILY MEMBERS FOR THE 39 HOMECOMING OF THEIR SERVICE MEMBER AND TO INFORM THEM ON WHAT THEY CAN 40 DO TO MAKE THIS TRANSITION AS EASY AS POSSIBLE. THE SESSIONS ARE 41 DESIGNED TO INCREASE THE FAMILY MEMBER'S KNOWLEDGE OF THE REINTEGRATION 42 PROCESS AND TO PROVIDE RESOURCES TO THEM AS THEY GO THROUGH THE STEPS OF 43 REINTEGRATION. INFORMATION SESSIONS SHOULD BE OFFERED AT LOCATIONS AND 44 TIMES SO AS TO ACCOMMODATE AS MANY FAMILY MEMBERS AS POSSIBLE. 45 (II) COMMUNITY INFORMATION SESSIONS SHOULD EDUCATE COMMUNITY LEADERS, 46 CLERGY, SCHOOLS, EMPLOYERS, MENTAL HEALTH PROFESSIONALS, AND FAMILY 47 READINESS GROUPS ABOUT THE CHALLENGES OF REINTEGRATION, AND WHAT THEY 48 CAN DO TO ASSIST COMBAT VETERANS AND THEIR FAMILIES TO SUCCESSFULLY 49 REINTEGRATE BACK INTO THE COMMUNITY. INFORMATION SESSIONS SHOULD BE 50 OFFERED AT LOCATIONS AND TIMES SO AS TO ACCOMMODATE AS MANY PARTICIPANTS 51 AS POSSIBLE. 52 4. (A) THE DEMOBILIZATION PHASE SHALL BE CONDUCTED BY THE UNITED 53 STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS DEPLOYMENT 54 CYCLE SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM ARRIVAL OF THE 55 NATIONAL GUARD UNIT AT THE DEMOBILIZATION STATION UNTIL ITS DEPARTURE 56 FOR HOME STATION. IN THE INTEREST OF RETURNING SERVICE MEMBERS AS SOON A. 1333 5 1 AS POSSIBLE TO THEIR HOME STATIONS, REINTEGRATION BRIEFINGS DURING THE 2 DEMOBILIZATION PHASE SHALL BE MINIMIZED. THE NEW YORK STATE DEPLOYMENT 3 CYCLE SUPPORT TEAM SHALL ASSIST DEMOBILIZING SERVICE MEMBERS IN ENROLL- 4 ING FOR MEDICAL BENEFITS WITH THE UNITED STATES DEPARTMENT OF VETERANS 5 AFFAIRS DURING THE DEMOBILIZATION PHASE. THE NEW YORK STATE DEPLOYMENT 6 CYCLE SUPPORT TEAMS SHALL PROVIDE OTHER EVENTS FROM THE INITIAL REINTE- 7 GRATION ACTIVITY AS DETERMINED BY THE STATE OFFICE OF REINTEGRATION 8 PROGRAMS. REMAINING EVENTS SHALL BE CONDUCTED DURING THE POST-DEPLOYMENT 9 RECONSTITUTION PHASE. 10 (B) THE PURPOSE OF THIS REINTEGRATION PROGRAM IS TO EDUCATE SERVICE 11 MEMBERS ABOUT THE RESOURCES THAT ARE AVAILABLE TO THEM AND TO CONNECT 12 SERVICE MEMBERS TO SERVICE PROVIDERS WHO CAN ASSIST THEM IN OVERCOMING 13 THE CHALLENGES OF REINTEGRATION. THE INITIAL REINTEGRATION ACTIVITY 14 SHALL INCLUDE, BUT IS NOT LIMITED TO: 15 (I) INFORMING SERVICE MEMBERS OF THEIR VETERANS' BENEFITS; 16 (II) ASSISTING WITH UNEMPLOYMENT AND ENROLLMENT IN EMPLOYMENT TRANSI- 17 TION SERVICES; 18 (III) A DRIVER SAFETY BRIEFING GIVEN BY QUALIFIED LAW ENFORCEMENT 19 OFFICIALS; 20 (IV) IDENTIFICATION OF HIGH-RISK SERVICE MEMBERS AND ESTABLISHMENT OF 21 PLANS FOR FOLLOW-ON CARE; 22 (V) IDENTIFICATION OF SERVICE MEMBERS REQUIRING FOLLOW-ON HEALTH CARE; 23 (VI) LEGAL BRIEFINGS AND LEGAL ASSISTANCE; AND 24 (VII) AN OPPORTUNITY FOR SEXUAL ASSAULT VICTIMS TO CONFIDENTIALLY 25 REPORT SUCH CRIMES. 26 5. (A) THE POST-DEPLOYMENT RECONSTITUTION PHASE SHALL BE CONDUCTED BY 27 UNITED STATES NATIONAL GUARD BUREAU OFFICE OF REINTEGRATION PROGRAMS 28 DEPLOYMENT CYCLE SUPPORT TEAM MEMBERS AND CONSTITUTE THE PERIOD FROM 29 ARRIVAL AT HOME STATION UNTIL ONE HUNDRED EIGHTY DAYS FOLLOWING DEMOBI- 30 LIZATION. ACTIVITIES AND SERVICES PROVIDED SHALL FOCUS ON RECONNECTING 31 SERVICE MEMBERS WITH THEIR FAMILIES AND COMMUNITIES AND PROVIDING 32 RESOURCES AND INFORMATION NECESSARY FOR SUCCESSFUL REINTEGRATION. REIN- 33 TEGRATION EVENTS SHALL BEGIN WITH ELEMENTS OF THE INITIAL REINTEGRATION 34 ACTIVITY PROGRAM THAT WERE NOT COMPLETED DURING THE DEMOBILIZATION 35 PHASE. 36 (B) THE STATE OFFICE OF REINTEGRATION PROGRAMS SHALL HOLD REINTE- 37 GRATION ACTIVITIES AT THE THIRTY-DAY, SIXTY-DAY, AND NINETY-DAY INTERVAL 38 FOLLOWING DEMOBILIZATION IN COORDINATION WITH THE DIVISION OF MILITARY 39 AND NAVAL AFFAIRS. THESE ACTIVITIES SHALL FOCUS ON RECONNECTING SERVICE 40 MEMBERS AND FAMILY MEMBERS WITH THE SERVICE PROVIDERS FROM INITIAL REIN- 41 TEGRATION ACTIVITY TO ENSURE SERVICE MEMBERS AND THEIR FAMILIES UNDER- 42 STAND WHAT BENEFITS THEY ARE ENTITLED TO AND WHAT RESOURCES ARE AVAIL- 43 ABLE TO HELP THEM OVERCOME THE CHALLENGES OF REINTEGRATION. THE 44 REINTEGRATION ACTIVITIES SHOULD ALSO PROVIDE A FORUM FOR SERVICE MEMBERS 45 AND FAMILIES TO ADDRESS NEGATIVE BEHAVIORS RELATED TO COMBAT STRESS AND 46 TRANSITION. ONE OF THE REINTEGRATION ACTIVITIES SHALL BE FOR SERVICE 47 MEMBERS TO CONDUCT A THOROUGH POST-DEPLOYMENT HEALTH REASSESSMENT OF 48 COMBAT VETERANS AND PROVIDE ANY REMAINING MEDICAL OR DENTAL SERVICES. 49 ACTIVITIES, EVENTS, AND SERVICES PROVIDED AT THE THIRTY-DAY, SIXTY-DAY, 50 AND NINETY-DAY REINTEGRATION ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMIT- 51 ED TO: 52 (I) BATTLEMIND TRAINING II FOR SERVICE MEMBERS AND THEIR FAMILIES; 53 (II) PREVENTION AND RELATIONSHIP ENHANCEMENT PROGRAM MARRIAGE ENRICH- 54 MENT WORKSHOP TO FOCUS ON ASSISTING SERVICE MEMBERS TO RECONNECT WITH 55 THEIR SPOUSES; 56 (III) SINGLE SERVICE MEMBER CHALLENGES WORKSHOP; A. 1333 6 1 (IV) PARENTING WORKSHOP TO ASSIST SERVICE MEMBERS TO RECONNECT WITH 2 THEIR CHILDREN; 3 (V) LOCAL SERVICES STATION PROGRAM WITH REPRESENTATIVES FROM LEGAL, 4 TRICARE, EDUCATION SERVICES, THE DIVISION OF VETERANS' AFFAIRS, STATE 5 VETERANS CENTERS, STATE WORKFORCE OFFICES, CHAPLAIN'S OFFICE, COUNTY 6 VETERANS SERVICE OFFICERS, MILITARY ONESOURCE, STATE TAX OFFICIALS, 7 STATE YOUTH PROGRAMS, AND NATIONAL GUARD UNIT ADMINISTRATION OFFICES; 8 (VI) ANGER MANAGEMENT WORKSHOP; 9 (VII) SUBSTANCE ABUSE WORKSHOP; 10 (VIII) GAMBLING ABUSE WORKSHOP; 11 (IX) LAW ENFORCEMENT BRIEFING; 12 (X) TRICARE AND MILITARY ONESOURCE REPRESENTATIVES; 13 (XI) POST-DEPLOYMENT HEALTH REASSESSMENT WITH ON-SITE SUPPORT FROM THE 14 FEDERAL DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS, REPRESENTATIVES 15 FROM THE DIVISION OF VETERANS' AFFAIRS, AND CASE MANAGERS PROVIDED BY 16 THE DEPARTMENT OF DEFENSE; AND 17 (XII) REINTEGRATION PROGRAM ASSESSMENT. 18 6. (A) THE DIRECTOR OF REINTEGRATION, IN COOPERATION WITH THE DIVISION 19 OF MILITARY AND NAVAL AFFAIRS, THE DIVISION OF VETERANS' AFFAIRS, THE 20 DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF MENTAL 21 RETARDATION AND DEVELOPMENTAL DISABILITIES AND THE OFFICE OF ALCOHOLISM 22 AND SUBSTANCE ABUSE SERVICES, SHALL ESTABLISH A PROGRAM TO MONITOR AND 23 COORDINATE MENTAL HEALTH AND REHABILITATIVE SERVICES SUPPORT FOR VETER- 24 ANS AND MEMBERS OF THE NATIONAL GUARD AND RESIDENTS IN THE ARMED FORCES 25 RESERVES NOT IN ACTIVE FEDERAL SERVICE. THE PROGRAM SHALL ALSO SUPPORT 26 FAMILY MEMBERS AFFECTED BY COVERED MILITARY MEMBERS' SERVICE AND DEPLOY- 27 MENTS. THE PURPOSE OF THE PROGRAM IS TO ENSURE THAT ADEQUATE AND TIMELY 28 ASSESSMENT, TREATMENT, AND SUPPORT ARE AVAILABLE TO VETERANS, SERVICE 29 MEMBERS, AND AFFECTED FAMILY MEMBERS. 30 (B) THE PROGRAM SHALL FACILITATE SUPPORT FOR COVERED INDIVIDUALS TO 31 PROVIDE TIMELY ASSESSMENT AND TREATMENT FOR STRESS-RELATED INJURIES AND 32 TRAUMATIC BRAIN INJURIES RESULTING FROM SERVICE IN COMBAT AREAS, AND 33 SUBJECT TO THE AVAILABILITY OF PUBLIC AND PRIVATE FUNDS APPROPRIATED FOR 34 THEM, CASE MANAGEMENT SERVICES, OUTPATIENT, FAMILY SUPPORT, AND OTHER 35 APPROPRIATE BEHAVIORAL HEALTH AND BRAIN INJURY SERVICES NECESSARY TO 36 PROVIDE INDIVIDUAL SERVICES AND SUPPORT TO MILITARY SERVICE MEMBERS AND 37 THEIR FAMILY MEMBERS COVERED BY THIS SECTION. 38 7. SERVICE MEMBERS SHALL RECEIVE APPROPRIATE PAY FOR DAYS SPENT 39 ATTENDING THE REINTEGRATION ACTIVITIES. 40 S 345. POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY QUES- 41 TIONNAIRES. 1. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL 42 GUARD WHILE UNDER STATE JURISDICTION SHALL TAKE A DIVISION-ADMINISTERED 43 POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC BRAIN INJU- 44 RY QUESTIONNAIRE UNDER THE SUPERVISION OF THE DIRECTOR OF REINTEGRATION 45 BEFORE BEING DEPLOYED IN OPERATION IRAQI FREEDOM, OPERATION ENDURING 46 FREEDOM, OR ANY OTHER OVERSEAS SERVICE PURSUANT TO ANY FUTURE DECLARA- 47 TION OF WAR BY THE UNITED STATES CONGRESS OR THE BEGINNING OF AN EMER- 48 GENCY CONDITION RECOGNIZED BY THE ISSUANCE OF A PRESIDENTIAL PROCLAMA- 49 TION OR A PRESIDENTIAL EXECUTIVE ORDER. 50 2. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL GUARD WITHIN 51 NINETY DAYS OF HIS OR HER RETURN TO STATE JURISDICTION FROM OPERATION 52 IRAQI FREEDOM, OPERATION ENDURING FREEDOM, OR ANY OTHER OVERSEAS SERVICE 53 PURSUANT TO ANY FUTURE DECLARATION OF WAR BY THE UNITED STATES CONGRESS 54 OR THE BEGINNING OF AN EMERGENCY CONDITION RECOGNIZED BY THE ISSUANCE OF 55 A PRESIDENTIAL PROCLAMATION OR A PRESIDENTIAL EXECUTIVE ORDER SHALL TAKE 56 A DIVISION-ADMINISTERED POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND A. 1333 7 1 A TRAUMATIC BRAIN INJURY QUESTIONNAIRE UNDER THE SUPERVISION OF THE 2 DIRECTOR OF REINTEGRATION. 3 3. AN OFFICER OR ENLISTED PERSON SERVING IN THE NATIONAL GUARD AND WHO 4 HAS RETURNED TO STATE JURISDICTION FROM OPERATION IRAQI FREEDOM OR OPER- 5 ATION ENDURING FREEDOM SHALL TAKE A DIVISION-ADMINISTERED POST-TRAUMATIC 6 STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC BRAIN INJURY QUESTIONNAIRE 7 UNDER THE SUPERVISION OF THE DIRECTOR OF REINTEGRATION. 8 4. THE OFFICER OR ENLISTED PERSON IS EXEMPT FROM THE DIVISION-ADMINIS- 9 TERED POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY REQUIRE- 10 MENTS IF HE OR SHE HAS COMPLETED SIMILAR QUESTIONNAIRES APPROVED BY THE 11 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE UNITED STATES 12 DEPARTMENT OF DEFENSE WHILE UNDER THE CONTROL OF THE FEDERAL GOVERNMENT. 13 5. AN OFFICER OR ENLISTED PERSON WHO HAS BEEN DISCHARGED FROM THE 14 NATIONAL GUARD, AN ACTIVE DUTY SERVICE MEMBER RESIDING IN NEW YORK, OR A 15 FEDERAL RESERVIST RESIDING IN NEW YORK WHO HAS BEEN DEPLOYED IN OPERA- 16 TION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM MAY TAKE A DIVISION-AD- 17 MINISTERED POST-TRAUMATIC STRESS DISORDER QUESTIONNAIRE AND A TRAUMATIC 18 BRAIN INJURY QUESTIONNAIRE FREE OF CHARGE UNDER THE SUPERVISION OF THE 19 DIRECTOR OF REINTEGRATION. 20 6. THE QUESTIONNAIRES SHALL BE DEVELOPED BY THE ADJUTANT GENERAL WITH 21 THE ASSISTANCE OF THE DIRECTOR OF REINTEGRATION, ANY STATEWIDE ASSOCI- 22 ATIONS SPECIALIZING IN TRAUMATIC BRAIN INJURIES AND THE OFFICE OF MENTAL 23 HEALTH AND SHALL BE APPROVED BY THE UNITED STATES DEPARTMENT OF VETERANS 24 AFFAIRS OR THE UNITED STATES DEPARTMENT OF DEFENSE. 25 7. ALL POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY QUES- 26 TIONNAIRES SHALL BE STORED AS ELECTRONIC DOCUMENTS BY THE DIVISION. 27 S 2. Subdivision 1 of section 2744 of the public health law, as added 28 by chapter 196 of the laws of 1994, is amended to read as follows: 29 1. The traumatic brain injury services coordinating council is hereby 30 established and shall consist of the following persons or their desig- 31 nees: the commissioner, the commissioner of mental retardation and 32 developmental disabilities, the office of mental health, the commission- 33 er of education, the commissioner of alcoholism and substance abuse 34 services, the commissioner of social services, THE ADJUTANT GENERAL, THE 35 STATE DIRECTOR OF REINTEGRATION, THE DIRECTOR OF THE DIVISION OF VETER- 36 ANS' AFFAIRS, the state advocate for the disabled and the commission on 37 quality of care for the mentally disabled. In addition, the council 38 shall consist of the following persons: five persons appointed by the 39 governor, three of whom shall be persons with traumatic brain injury and 40 two of whom shall be representative of the public and have a demon- 41 strated expertise and interest in traumatic brain injury; two persons 42 appointed by the temporary president of the senate, one of whom shall be 43 a person with traumatic brain injury and one of whom shall be represen- 44 tative of the public and have a demonstrated expertise and interest in 45 traumatic brain injury; two persons appointed by the speaker of the 46 assembly, one of whom shall be a person with traumatic brain injury and 47 one of whom shall be representative of the public and have a demon- 48 strated expertise and interest in traumatic brain injury, one person 49 appointed by the minority leader of the senate who shall be a person 50 with traumatic brain injury or be representative of the public and have 51 a demonstrated expertise and interest in traumatic brain injury; and one 52 person appointed by the minority leader of the assembly who shall be a 53 person with traumatic brain injury or be representative of the public 54 and have a demonstrated expertise and interest in traumatic brain inju- 55 ry. Of the five persons appointed by the governor, three shall serve for 56 a term of one year, one shall serve for a term of two years and one A. 1333 8 1 shall serve for a term of three years. Of the two persons appointed by 2 the temporary president of the senate, one shall serve for a term of two 3 years and one shall serve for a term of three years. Of the two persons 4 appointed by the speaker of the assembly, one shall serve for a term of 5 two years and one shall serve for a term of three years. The person 6 appointed by the minority leader of the senate and the person appointed 7 by the minority leader of the assembly shall serve for a term of one 8 year. Subsequent appointments for vacancies shall be for a term of three 9 years and shall be filled in the same manner as the original appoint- 10 ment. 11 S 3. Subdivision 1 of section 3803 of the public health law, as 12 amended by chapter 743 of the laws of 2006, is amended to read as 13 follows 14 1. There is hereby created within the department the veterans health 15 care information program (referred to in this section as the "program"), 16 which shall provide information on health issues associated with mili- 17 tary duty, including but not limited to Agent Orange, Gulf War 18 Syndromes, toxic materials or harmful physical agents such as, depleted 19 uranium, and EXPOSURE TO IONIZING RADIATION AS THE RESULT OF ATOMIC 20 WEAPONS TESTS CONDUCTED BY THE UNITED STATES BETWEEN NINETEEN HUNDRED 21 FORTY-FIVE AND NINETEEN HUNDRED SIXTY-THREE, hepatitis C AND SPECIFIC 22 MENTAL AND PHYSICAL HEALTH ISSUES INCLUDING POST-TRAUMATIC STRESS DISOR- 23 DER AND BRAIN-RELATED INJURIES, for veterans, their surviving spouses 24 and health care providers. 25 S 4. The executive law is amended by adding a new section 366-a to 26 read as follows: 27 S 366-A. VETERANS' HEALTH SCREENING FOR TRAUMATIC BRAIN INJURY AND 28 POST-TRAUMATIC STRESS DISORDER. 1. AS USED IN THIS SECTION: (A) "ELIGI- 29 BLE MEMBER" MEANS A MEMBER WHO SERVED UNDER TITLE TEN OF THE UNITED 30 STATES CODE IN AN AREA DESIGNATED AS A COMBAT ZONE BY EXECUTIVE ORDERS 31 NOS. 12744 AND 13239 OF THE PRESIDENT OF THE UNITED STATES. 32 (B) "MEMBER" MEANS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, 33 INCLUDING THE NEW YORK NATIONAL GUARD, WHO IS A RESIDENT OF THIS STATE. 34 (C) "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE, 35 WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE OF THE 36 UNITED STATES DURING A TIME OF WAR IN WHICH THE UNITED STATES ENGAGED 37 AND WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN BY DISHONOR- 38 ABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE. 39 2. THE STATE DIRECTOR, OR HIS OR HER DESIGNEES, SHALL ASSIST ANY 40 ELIGIBLE MEMBER OR VETERAN WHO RETURNS OR HAS RETURNED TO THIS STATE IN 41 OBTAINING AN APPROPRIATE HEALTH SCREENING TEST FOR TRAUMATIC BRAIN INJU- 42 RY AND POST-TRAUMATIC STRESS DISORDER. THE ELIGIBLE MEMBER OR VETERAN 43 MUST RETURN OR HAVE RETURNED TO THIS STATE AFTER SERVICE. 44 3. (A) IN ORDER TO EFFECTIVELY PROVIDE THE ASSISTANCE REQUIRED BY 45 SUBDIVISION TWO OF THIS SECTION, THE STATE DIRECTOR, OR HIS OR HER 46 DESIGNEES, SHALL DEVELOP AND IMPLEMENT A PLAN FOR OUTREACH TO ELIGIBLE 47 MEMBERS AND VETERANS WHO HAVE RETURNED FROM COMBAT. THE DIRECTOR OF 48 REINTEGRATION, OR HIS OR HER DESIGNEE, SHALL ALSO DEVELOP AND IMPLEMENT 49 A PLAN FOR OUTREACH TO ELIGIBLE MEMBERS OF THE NEW YORK NATIONAL GUARD 50 WHO HAVE RETURNED FROM COMBAT AND REMAIN ON DUTY IN ORDER TO EFFECTIVELY 51 PROVIDE THE SERVICE REQUIRED BY SUBDIVISION TWO OF THIS SECTION. 52 (B) EACH OUTREACH PLAN SHALL PROVIDE INFORMATION TO ELIGIBLE MEMBERS 53 AND VETERANS CONCERNING TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS 54 DISORDER, THE POSSIBLE IMPACTS ASSOCIATED WITH TRAUMATIC BRAIN INJURY 55 AND POST-TRAUMATIC STRESS DISORDER, AND THE RIGHT TO SCREENING SERVICES. A. 1333 9 1 S 5. The criminal procedure law is amended by adding a new section 2 220.16 to read as follows: 3 S 220.16 NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT STEMMING 4 FROM SERVICE IN A COMBAT ZONE. 5 1. THE DEFENDANT MAY ENTER A PLEA OF NOT RESPONSIBLE BY REASON OF 6 MENTAL DISEASE, INCLUDING POST-TRAUMATIC STRESS DISORDER, STEMMING FROM 7 SERVICE IN A COMBAT ZONE IN THE UNITED STATES ARMED FORCES. THE COURT 8 SHALL CONDUCT A HEARING PRIOR TO ACCEPTING SUCH A PLEA TO DETERMINE 9 WHETHER THE DEFENDANT: 10 (A) HAS BEEN CERTIFIED BY THE DIRECTOR OF THE DIVISION OF VETERANS 11 AFFAIRS AS HAVING SERVED IN THE ARMED FORCES OF THE UNITED STATES OF 12 AMERICA IN A COMBAT ZONE, AS DEFINED IN SECTION ONE HUNDRED TWELVE OF 13 THE FEDERAL INTERNAL REVENUE CODE OF NINETEEN EIGHTY-SIX; 14 (B) SUFFERS FROM MENTAL DISEASE OR DEFECT; AND 15 (C) SUCH MENTAL DISEASE OR DEFECT WAS CAUSED OR EXACERBATED BY EVENTS 16 OCCURRING DURING SUCH DEFENDANT'S SERVICE IN A COMBAT ZONE. 17 2. BEFORE ACCEPTING A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL 18 DISEASE STEMMING FROM SERVICE IN A COMBAT ZONE, THE COURT MUST ADDRESS 19 THE DEFENDANT IN THE MANNER SET FORTH IN SUBDIVISIONS THREE AND FOUR OF 20 SECTION 220.15 OF THIS ARTICLE AND MAKE A FINDING AS SET FORTH IN SUBDI- 21 VISION FIVE OF SECTION 220.15 OF THIS ARTICLE. 22 3. IF THE COURT DETERMINES THAT SUCH DEFENDANT MEETS THE CRITERIA 23 PROVIDED IN SUBDIVISION ONE OF THIS SECTION AND SUCH DEFENDANT'S CURRENT 24 CRIME OF CONVICTION AND CRIMINAL HISTORY DO NOT WARRANT A SENTENCE OF 25 IMPRISONMENT PURSUANT TO THE PROVISIONS OF TITLE E OF PART 2 OF THE 26 PENAL LAW AND IN THE COURT'S DISCRETION AS AVAILABLE PURSUANT TO SUCH 27 TITLE, THE COURT MAY ORDER SUCH DEFENDANT TO UNDERGO TREATMENT FROM ANY 28 TREATMENT FACILITY, INCLUDING ANY FACILITY THAT PROVIDES SERVICES FOR 29 VETERANS, ON AN OUTPATIENT BASIS OR AN INPATIENT BASIS WITH THE CONSENT 30 OF THE DEFENDANT. 31 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE COURT'S 32 AUTHORITY TO ORDER ANY OTHER SANCTION OR TO TREAT THE DEFENDANT'S PLEA 33 AS A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT 34 PURSUANT TO SECTION 220.15 OF THIS ARTICLE, SUBJECT TO THE PROVISIONS OF 35 SUCH SECTION, AND THEREFORE APPLY THE PROCEDURES SET FORTH IN SECTION 36 330.20 OF THIS TITLE. 37 S 6. Section 353 of the executive law is amended by adding a two new 38 subdivisions 20 and 21 to read as follows: 39 20. TO WORK WITH TRAUMATIC BRAIN INJURY SERVICES COORDINATING COUNCIL 40 TO ESTABLISH A PROGRAM FOR MENTAL HEALTH AND REHABILITATIVE SERVICES FOR 41 NEW YORK VETERANS AND MEMBERS OF THE NEW YORK NATIONAL GUARD AND NEW 42 YORK RESIDENTS IN THE ARMED FORCES RESERVES NOT IN ACTIVE FEDERAL 43 SERVICE AND THEIR FAMILY MEMBERS CONSISTENT WITH THE PROGRAMS AND 44 SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF THE MILITARY LAW. 45 21. PROVIDE CERTIFICATION OF SERVICE OF A VETERAN OF THE ARMED FORCES 46 OF THE UNITED STATES OF AMERICA IN A COMBAT ZONE TO ANY SENTENCING JUDGE 47 REQUESTING SUCH CERTIFICATION PURSUANT TO SECTION 220.16 OF THE CRIMINAL 48 PROCEDURE LAW. 49 S 7. Section 7.09 of the mental hygiene law is amended by adding a new 50 subdivision (k) to read as follows: 51 (K) THE COMMISSION, IN COOPERATION WITH THE TRAUMATIC BRAIN INJURY 52 SERVICES COORDINATING COUNCIL, SHALL ESTABLISH A PROGRAM FOR MENTAL 53 HEALTH AND REHABILITATIVE SERVICES FOR NEW YORK VETERANS AND MEMBERS OF 54 THE NEW YORK NATIONAL GUARD AND NEW YORK RESIDENTS IN THE ARMED FORCES 55 RESERVES NOT IN ACTIVE FEDERAL SERVICE AND THEIR FAMILY MEMBERS CONSIST- A. 1333 10 1 ENT WITH THE PROGRAMS AND SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF 2 THE MILITARY LAW. 3 S 8. Section 19.09 of the mental hygiene law is amended by adding a 4 new subdivision (i) to read as follows: 5 (I) TO WORK WITH THE TRAUMATIC BRAIN INJURY SERVICES COORDINATING 6 COUNCIL TO ESTABLISH A PROGRAM FOR MENTAL HEALTH AND REHABILITATIVE 7 SERVICES FOR NEW YORK VETERANS AND MEMBERS OF THE NEW YORK NATIONAL 8 GUARD AND NEW YORK RESIDENTS IN THE ARMED FORCES RESERVES NOT IN ACTIVE 9 FEDERAL SERVICE AND THEIR FAMILY MEMBERS CONSISTENT WITH THE PROGRAMS 10 AND SERVICES ESTABLISHED IN ARTICLE FOURTEEN OF THE MILITARY LAW. 11 S 9. The sum of five hundred thousand dollars ($500,000), or so much 12 thereof as may be necessary, is hereby appropriated to the division of 13 military and naval affairs out of any moneys in the state treasury in 14 the general fund to the credit of the state purposes account, not other- 15 wise appropriated, and made immediately available, for the purpose of 16 carrying out the provisions of section one of this act. Such moneys 17 shall be payable on the audit and warrant of the comptroller on vouchers 18 certified or approved by the adjutant general in the manner prescribed 19 by law. 20 S 10. This act shall take effect on the one hundred eightieth day 21 after it shall have become a law; provided, however, that effective 22 immediately, the addition, amendment and/or repeal of any rule or regu- 23 lation necessary for the implementation of this act on its effective 24 date are authorized and directed to be made and completed on or before 25 such effective date.