S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8599

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of  A.  N. RIVERA  --  read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
  service  providers to provide notice to local law enforcement agencies
  of the presence of violent mentally disabled  residents  in  community
  residences and supportive living facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The mental hygiene law is amended by adding a new  section
31.37 to read as follows:
S 31.37 COMMUNITY RESIDENCES AND SUPPORTIVE LIVING FACILITIES; NOTICE OF
          VIOLENT RESIDENTS.
  (A)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  1.  "COMMUNITY RESIDENCE" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN
SUBDIVISION TWENTY-EIGHT OF SECTION 1.03 OF THIS CHAPTER, AND SHALL ALSO
MEAN  ANY RESIDENTIAL BUILDING THAT CONTAINS FIFTEEN OR MORE RESIDENTIAL
UNITS, IN WHICH SUCH BUILDING A PROVIDER  OF  COMMUNITY  SERVICES  OR  A
NOT-FOR-PROFIT  COMMUNITY  SERVICE  ORGANIZATION  HAS PLACED PERSONS WHO
SUFFER FROM A MENTAL  ILLNESS  OR  DEVELOPMENTAL  DISABILITY.  PROVIDED,
FURTHER,  THAT SUCH RESIDENTIAL BUILDING SHALL BE CONSIDERED A COMMUNITY
RESIDENCE ONLY IF MORE THAN TWENTY PERCENT OF THE RENTAL  UNITS  OF  THE
RESIDENTIAL  BUILDING  ARE  LEASED  TO  PERSONS WHO SUFFER FROM A MENTAL
ILLNESS OR A DEVELOPMENTAL DISABILITY WITH THE ASSISTANCE OF A  PROVIDER
OF  COMMUNITY  SERVICES  OR A NOT-FOR-PROFIT COMMUNITY SERVICE ORGANIZA-
TION,  AND/OR  ARE  LEASED  TO  PROVIDERS  OF  COMMUNITY   SERVICES   OR
NOT-FOR-PROFIT  COMMUNITY  SERVICE  ORGANIZATIONS THAT LEASE RESIDENTIAL
UNITS ON BEHALF OF PERSONS WHO SUFFER FROM A MENTAL ILLNESS OR A  DEVEL-
OPMENTAL DISABILITY.
  2.    "MENTAL  HEALTH  CARE  PROFESSIONAL"  MEANS A PHYSICIAN LICENSED
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW  WHO  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11588-03-1
              

A. 8599                             2

CERTIFIED TO PRACTICE PSYCHIATRY, OR A PSYCHOLOGIST LICENSED PURSUANT TO
ARTICLE  ONE  HUNDRED FIFTY-THREE OF THE EDUCATION LAW, AND SUCH PROFES-
SIONAL SHALL PROVIDE NOTICE OF EACH PERSON WHO HAS BEEN CERTIFIED  AS  A
VIOLENT  RESIDENT TO EACH PROVIDER OF COMMUNITY SERVICES OR NOT-FOR-PRO-
FIT COMMUNITY SERVICE ORGANIZATION PROVIDING SERVICES TO SUCH PERSON.
  3. "PROVIDER OF  COMMUNITY  SERVICES  OR  A  NOT-FOR-PROFIT  COMMUNITY
SERVICE  ORGANIZATION"  MEANS  ANY  PERSON OR ENTITY PROVIDING CLINICAL,
SOCIAL, REHABILITATIVE OR OTHER SERVICES, PROGRAMS AND RELATED  ADMINIS-
TRATIVE  ACTIVITIES  DESIGNED TO ENHANCE THE COMMUNITY LIVING SKILLS AND
PREVENT UNNECESSARY HOSPITALIZATION OF MENTALLY ILL  OR  DEVELOPMENTALLY
DISABLED PERSONS.
  4.  "SUPPORTIVE  LIVING  FACILITY"  MEANS  A  COMMUNITY  RESIDENCE, AS
DEFINED IN SUBDIVISION ONE OF THIS SECTION, PROVIDING PRACTICE IN  INDE-
PENDENT  LIVING  UNDER SUPERVISION, BUT NOT PROVIDING STAFF ON-SITE ON A
TWENTY-FOUR HOUR PER DAY BASIS.
  5. "VIOLENT RESIDENT" MEANS A RESIDENT OF  A  COMMUNITY  RESIDENCE  OR
SUPPORTIVE  LIVING  FACILITY,  WHO  SUFFERS  FROM  A MENTAL ILLNESS OR A
DEVELOPMENTAL DISABILITY, AND WHO HAS BEEN CERTIFIED BY A MENTAL  HEALTH
CARE  PROFESSIONAL AS LIKELY TO CAUSE PHYSICAL HARM TO OTHER PERSONS, OR
AS LIKELY TO CAUSE SUCH HARM TO OTHER PERSONS IF HE  OR  SHE  CEASES  TO
UNDERGO NECESSARY TREATMENTS OR THERAPIES.
  (B)  UPON ADMITTANCE OF A VIOLENT RESIDENT TO A COMMUNITY RESIDENCE OR
SUPPORTIVE LIVING  FACILITY,  THE  PROVIDER  OF  COMMUNITY  SERVICES  OR
NOT-FOR-PROFIT  COMMUNITY SERVICE ORGANIZATION THAT PLACED SUCH RESIDENT
SHALL PROVIDE WRITTEN NOTICE OF SUCH PLACEMENT OF A VIOLENT RESIDENT  TO
THE LOCAL LAW ENFORCEMENT AGENCIES HAVING JURISDICTION.
  (C)  ON OR BEFORE NOVEMBER FIRST EACH YEAR, EACH PROVIDER OF COMMUNITY
SERVICES AND NOT-FOR-PROFIT COMMUNITY  SERVICE  ORGANIZATION  WHICH  HAS
PLACED  A VIOLENT RESIDENT IN A COMMUNITY RESIDENCE OR SUPPORTIVE LIVING
FACILITY SHALL PROVIDE WRITTEN NOTICE OF ALL SUCH RESIDENTS TO THE LOCAL
LAW ENFORCEMENT AGENCIES HAVING JURISDICTION OVER  SUCH  RESIDENCES  AND
FACILITIES.
  (D) THE OFFICES OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL  DISABILITIES  SHALL  JOINTLY PROMULGATE AND ENFORCE SUCH RULES
AND REGULATIONS AS SHALL BE NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF
THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its effective date are authorized and directed to be completed on or
before such date.