NY State Senate Bill 2015-S7495

Senate Bill S7495

2015-2016 Legislative Session

Requires legislative approval for the closure of certain office of mental health, office of people with developmental disabilities or office of children and family services facilities and institutions

download bill text pdf

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1697 committee discharged and committed to rules
May 05, 2016	referred to mental health and developmental disabilities

Votes

- Jun 14, 2016 - Floor Vote
  S7495
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 14, 2016 - Rules Committee Vote
  S7495
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker

2015-S7495 (ACTIVE) - Details

See Assembly Version of this Bill:: A10464
Current Committee:: Assembly Ways And Means
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1113, A733
2019-2020: S329, S5772, A7961
2021-2022: S1765, A117

2015-S7495 (ACTIVE) - Summary

Requires legislative approval for the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.

2015-S7495 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7495

 TITLE OF BILL :

An act to amend the mental hygiene law and the executive law, in
relation to requiring legislative approval for the closure of certain
office of mental health, office of people with developmental
disabilities or office of children and family services facilities and
institutions

 PURPOSE :

These provisions will require the commissioner of either the office of
mental health, office of people with developmental disabilities or
office of children and family services to submit a report to the
legislature upon the closure of any facility or institution.

 SUMMARY OF PROVISIONS :

Section one - The commissioner shall submit a written report to the
legislature at least a year prior to the date the office is seeking
closure, of any facility or institution relating to mental health,
developmental disabilities, or offices of children and family
services. If the legislature finds that the proposed closure is not
justified then the closure shall not occur until approved by a
majority vote, in the house of the legislature.

Section two - The mental hygiene law is amended by adding a new
section 13.18 "Closure of facilities", which restates the amendments
above.

Section three - In the event that the office of children and family
services determines a need for significant service reductions, public
employee staffing reductions and/or the transfer of operations to a
private or not-for-profit entity, the commissioner must submit a full
report to the legislature at least a year prior to the date the office
children and family services is seeking closure of any secure or
limited secure facility. The legislature may require additional
information or data that deems necessary in the report. If the
proposed closure is not justified, the closure shall not occur until
approved by a majority vote.

Section four - States that if any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court to be invalid, such
judgment shall not affect the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.

Section five - Lists the effective date.

 JUSTIFICATION :

It has been brought to the state legislature's attention that numerous
offices of mental health, offices of people with developmental
disabilities, and offices of children and family services, have been
closing statewide. In order to deem theses closures necessary, the
state legislature will be requiring the commissioner to submit a full
report as to why any changes shall be made. It will be under the
legislatures jurisdiction as to whether or not there is sufficient
evidence to prove the need for closures of any facility/institution,
the need for any significant service reductions, public employee
staffing reductions/and or the transfer of operations to a private or
not-for-profit entity.


According to the Treatment Advocacy Center, in New York State for
every 100,000 citizens, psychiatric beds have decreased from 599.5
beds to approximately 27.5 (2005). Studies have shown that nearly
14,000 people with mental illnesses were incarcerated in 2012 and that
this is largely due to the limited spaces available to individuals
with illnesses, by the Office of Mental Health (Mental Illness Policy
Org.). Steven Croll, the director of NYSARC states, "Programs and
supports have been discontinued before alternative options have been
developed," when referring to the closing of developmental disability
centers in Broome County, New York. By limiting the number of
facilities available to the mentally ill, disabled, and young, we are
creating homelessness and transferring the ill to the criminal justice
system, rather than treating them. By requiring a commissioner to
submit a full report based on circumstantial data, the legislature
will be able to decide if the closing of facilities will be justified
or not.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall 10 have
become a law.

2015-S7495 (ACTIVE) - Bill Text download pdf

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

                                  7495

                            I N  S E N A T E

                               May 5, 2016
                               ___________

Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to requiring legislative approval for the closure of certain
  office of mental health, office of people with developmental disabili-
  ties or office of children and family services facilities  and  insti-
  tutions

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

  Section 1. Subdivision (e) of section 7.17 of the mental hygiene  law,
as amended by chapter 723 of the laws of 1993, paragraph 1 as amended by
chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
  (e)  In  the  event  that  the  plan for state and local mental health
services, developed in accordance with subdivision (b) of this  section,
determines  that  significant  service  reductions are anticipated for a
particular state-operated hospital or its catchment area, or a state-op-
erated research institute, the commissioner  shall  take  the  following
actions[,  provided nothing in this subdivision shall create a basis for
enjoining any otherwise lawful service reductions]:
  1. SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST  THREE  HUNDRED
SIXTY-FIVE  DAYS  PRIOR TO THE DATE THE OFFICE IS SEEKING CLOSURE OF ANY
FACILITY OR INSTITUTION. SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR THE
PROPOSED CLOSURE. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION
OR DATA THAT IT DEEMS NECESSARY IN SUCH REPORT. IF THE  LEGISLATURE,  OR
THE  APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF THE REPORT SUBMITTED
TO IT BY THE OFFICE, FINDS THAT THE PROPOSED CLOSURE  IS  NOT  JUSTIFIED
THEN  CLOSURE  SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE.
  2. confer with the department of civil service, the governor's  office
of  employee  relations and any other state agency to develop strategies
which attempt to minimize the impact on the state workforce by providing
assistance in obtaining state employment  in  state-operated  community-

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

                                                           LBD14968-01-6

S. 7495                             2

based services or other employment opportunities, and to develop strate-
gies  for  the  development  of  necessary  retraining  and redeployment
programs. In planning such strategies, the  commissioner  shall  provide
for  the  participation  of  the  representatives  of the employee labor
organizations and for the participation of managerial  and  confidential
employees to ensure continuity of employment;
  [2.]  3.  consult  with the department of economic development and any
other appropriate state agencies to develop strategies which attempt  to
minimize  the impact of such significant service reductions on the local
and regional economies;
  [3.] 4. provide for a mechanism which may reasonably  be  expected  to
provide  notice  to local governments, community organizations, employee
labor organizations, managerial and confidential employees, consumer and
advocacy groups of the potential for significant service  reductions  at
such  state-operated hospitals and state-operated research institutes at
least  twelve  months  prior  to  commencing  such  service   reduction,
provided,  however, that this requirement shall be deemed satisfied with
respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda
Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
Psychiatric Center; and
  [4.] 5. consult with the office of  general  services  and  any  other
appropriate  state  agency  in  developing  a  mechanism for determining
alternative uses for land and buildings to be vacated by the  office  of
mental  health.    Such  a  mechanism  should  include a review of other
programs or state agencies that could feasibly expand  their  operations
onto  a  state-operated  hospital campus and are compatible with health,
safety and programmatic needs of patients served in such facilities.
  S 2. The mental hygiene law is amended by adding a new  section  13.18
to read as follows:
S 13.18 CLOSURE OF FACILITIES.
  THE  COMMISSIONER  SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
LEAST THREE HUNDRED SIXTY-FIVE DAYS PRIOR TO  THE  DATE  THE  OFFICE  IS
SEEKING  CLOSURE  OF  ANY  FACILITY  OR  INSTITUTION.  SUCH REPORT SHALL
INCLUDE JUSTIFICATION FOR THE  PROPOSED  CLOSURE.  THE  LEGISLATURE  MAY
REQUIRE  ANY  ADDITIONAL  INFORMATION OR DATA THAT IT DEEMS NECESSARY IN
SUCH REPORT.  IF THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THEREOF,
UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE, FINDS THAT  THE
PROPOSED  CLOSURE  IS  NOT  JUSTIFIED THEN CLOSURE SHALL NOT OCCUR UNTIL
APPROVED BY A MAJORITY VOTE OF EACH HOUSE OF THE LEGISLATURE.
  S 3. Subdivision 15 of section 501 of the executive law, as amended by
section 1 of part H of chapter 58 of the laws of  2006,  is  amended  to
read as follows:
  15.  In  the  event  that  the  office of children and family services
determines that significant service reductions, public employee staffing
reductions and/or the transfer of operations to a  private  or  not-for-
profit  entity  are  anticipated  in  the  office of children and family
services long term planning process or for a particular  facility  in  a
future year, to take the following actions:
  (a)  SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE HUNDRED
SIXTY-FIVE DAYS PRIOR TO THE DATE THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  IS  SEEKING  CLOSURE OF ANY SECURE OR LIMITED SECURE FACILITY.
SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR THE  PROPOSED  CLOSURE.  THE
LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT DEEMS
NECESSARY IN SUCH REPORT. IF THE LEGISLATURE, OR THE APPROPRIATE COMMIT-
TEES THEREOF, UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE OF

S. 7495                             3

CHILDREN  AND  FAMILY  SERVICES,  FINDS THAT THE PROPOSED CLOSURE IS NOT
JUSTIFIED THEN CLOSURE SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE
OF EACH HOUSE OF THE LEGISLATURE.
  (B) confer with the department of civil service, the governor's office
of  employee  relations and any other state agency to develop strategies
which attempt to minimize the impact on the state workforce by providing
assistance in obtaining state employment  in  state-operated  community-
based services or other employment opportunities, and to develop strate-
gies  for  the  development  of  necessary  retraining  and redeployment
programs. In planning such strategies, the commissioner of the office of
children and family services shall provide for the participation of  the
representatives  of the employee labor organizations and for the partic-
ipation of managerial and confidential employees to ensure continuity of
employment;
  [(b)] (C) consult with the department of economic development and  any
other  appropriate state agencies to develop strategies which attempt to
minimize the impact  of  such  significant  service  reductions,  public
employee  staffing  reductions  and/or  the  transfer of operations to a
private or not-for-profit entity on the local and regional economies;
  [(c)] (D) provide for a mechanism which may reasonably be expected  to
provide  notice  to local governments, community organizations, employee
labor organizations, managerial and confidential employees, consumer and
advocacy groups of the potential  for  significant  service  reductions,
public employee staffing reductions and/or the transfer of operations to
a private or not-for-profit entity at such state-operated facilities, at
least twelve months prior to commencing such service reduction; and
  [(d)]  (E)  consult  with the office of general services and any other
appropriate state agency  in  developing  a  mechanism  for  determining
alternative  uses  for land and buildings to be vacated by the office of
children and family services. Such a mechanism should include  a  review
of  other  programs  or  state agencies that could feasibly expand their
operations onto a state-operated campus and are compatible with  health,
safety and programmatic needs of persons served in such facilities.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such effective date.

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