Bill Text: NY A10539 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-11-06 - print number 10539a [A10539 Detail]
Download: New_York-2019-A10539-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10539--A IN ASSEMBLY May 28, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weprin, Englebright) -- read once and referred to the Committee on Mental Health -- 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: 1 Section 1. Section 7.18 of the mental hygiene law, as added by chapter 2 7 of the laws of 2007, is amended to read as follows: 3 § 7.18 Secure treatment facilities in the office. 4 (a) 1. There shall be in the office secure treatment facilities, as 5 defined in subdivision (o) of section 10.03 of this title, as designated 6 by the commissioner for the care and treatment of dangerous sex offen- 7 ders requiring confinement, as described in article ten of this title. 8 [(b)] 2. Such secure treatment facilities may be created on the former 9 grounds of hospitals operated by the office, but shall be considered 10 separate and distinct facilities and shall not be considered or defined 11 as hospitals. 12 (b) 1. There shall be in the office residential treatment facilities 13 as an alternative to incarceration designated by the commissioner and 14 licensed by the office of mental health for the care and treatment of 15 persons with serious mental illness, as defined in subdivision fifty-two 16 of section 1.03 of this chapter who are also accused of at least one 17 felony level crime. Such facilities may be operated by a public or 18 private non-profit organization as set forth in subdivision (d) of 19 section 7.17 of this article. 20 2. Admission to such facility will require voluntary and informed 21 consent of persons living with such serious mental illness to reside at 22 said facility and to abide by all facility rules including, but not 23 limited to, a voluntary agreement not to leave the facility without 24 wearing a global positioning system device and accompanied by staff, 25 unless otherwise authorized by the facility director. Such informed 26 consent shall be memorialized in an agreement entered into by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16392-03-0A. 10539--A 2 1 presiding judge in the criminal matter involving such felony level 2 crime, the person living with such serious mental illness alleged to 3 have committed such felony level crime who shall be represented by coun- 4 sel, and the county prosecutor, and shall further require such person 5 living with a serious mental illness to voluntarily and knowingly 6 request the imposition of bail in a nominal amount, pursuant to subdivi- 7 sion five of section 510.10 of the criminal procedure law. To ensure 8 that consent is informed and voluntary, such presiding judge shall 9 appoint counsel if such person with a serious mental illness is not 10 otherwise represented by counsel. Such agreement shall also include an 11 agreement by the prosecuting agency that where such person successfully 12 completes the period of treatment outlined in said agreement such person 13 will not be subject to incarceration for the alleged crimes which were 14 the subject of, or which were agreed to in the agreement or which may be 15 thereafter substituted at the time of sentencing for any alleged crimes 16 related to the alleged incidents which were the subject of said agree- 17 ment. 18 3. Programs operated pursuant to this section shall provide the 19 following as needed: medication management; effective psychiatric and 20 therapeutic treatment in a safe, violence-free environment designed to 21 stabilize the underlying serious mental illness; treatment of any co-oc- 22 curring substance use disorder; and basic care and life skills training 23 related to nutrition, exercise, hygiene and mental and physical health 24 care maintenance. 25 4. Pursuant to subdivision (b) of section 7.15 of this article, the 26 commissioner shall work cooperatively with the commissioner of the 27 office of addiction services and supports to provide for the treatment 28 of co-occurring substance use disorders of residents in semi-secure 29 facilities licensed pursuant to this section. 30 5. On or within thirty days of the effective date of the chapter of 31 the laws of two thousand twenty that amended this section, the commis- 32 sioner shall take reasonably necessary actions to fully implement this 33 section, including but not limited to, promulgating rules, regulations 34 or guidelines regarding licensure by the office of mental health of 35 residential alternative to incarceration facilities as set forth in 36 paragraph one of this subdivision. If rules, regulations or guidelines 37 are necessary for licensure, such licensure rules, regulations or guide- 38 lines shall be determined on or within nine months of the effective date 39 of the chapter of the laws of two thousand twenty that amended this 40 section. 41 6. On or within ninety days of the effective date of the chapter of 42 the laws of two thousand twenty that amended this section, the commis- 43 sioner shall seek federal financial participation in the Federal Medical 44 Assistance Percentage program with regard to the administration and 45 implementation of any program as provided for in paragraph three of this 46 subdivision. 47 § 2. This act shall take effect immediately.
