NY State Senate Bill 2015-S7889

Senate Bill S7889

2015-2016 Legislative Session

Directs the commissioner of mental health to issue a review and report regarding certain facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2016	referred to mental health and developmental disabilities

2015-S7889 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §5.05, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1901
2019-2020: S2384
2021-2022: S5825
2023-2024: S2899

2015-S7889 (ACTIVE) - Summary

Directs the commissioner of mental health to review all proposals by an agency to provide new services at a new facility, expand the size of existing facilities or change the type of services that are provided at facilities within a city of one million or more; provides a definition for the types of facilities subject to such review; and directs the commissioner of mental health to issue a report regarding such review.

2015-S7889 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7889

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to directing the commissioner of mental health to issue a review and
report regarding certain facilities

 PURPOSE :

To ensure increased community and local government participation in
the site selection process of State established community residential
facilities.

 SUMMARY OF PROVISIONS :

Section 1 amends mental hygiene law section 5.05 by adding a new
subdivision requiring the Commissioners of the Office of Mental
Health, Office for the People with Developmental Disabilities and the
Office for Alcoholism and Substance Abuse to work with the New York
City Department of Homeless Services and the Chair and chief Executive
Officer of the New York City Housing Authority to review all proposals
by an agency requesting to enter into a contract or similar agreement
to provide services at a new location as a social services facility,
to expand the size of a social services facility, or to change the
type of services provided at a social services facility within a city
of with a population of one million or more.  Subdivision 2 clarifies
the definitions of social services and supportive housing facilities.

Subdivision 3 requires the commissioners of these agencies to deliver
a review of their findings and any recommendations they deem necessary
to be delivered to the Governor, temporary president of the Senate,
Speaker of the assembly, chair of the mental health and developmental
disabilities committees of the senate and the chair of the mental
health committee of the Assembly.

Section 2 provides that this act shall take effect immediately.

 JUSTIFICATION :

Property owners in the vicinity of proposed or existing supportive
housing sites are often unaware of the sponsoring agency's intent to
establish or transform a facility. Community resistance typically
results when the sponsoring agencies disregard the concerns of
neighboring property owners. To encourage a community's active
involvement in the site selection process would help to allay
unfounded fears and provide wider acceptance of such residents.
Current practice in dispute hearings usually restricts the hearing to
a discussion of one disputed site to ensure that a site selected by
the state is most suited to meet the needs of the persons to be placed
in the residence. As well as those of surrounding neighbors, all
options should be considered in determination of a selected site.

Compiling a report of where each facility for each agency is located
is a better attempt to provide for equal distribution of supportive
units throughout the city and give a better sense of the big picture
for supportive housing units in an attempt for equal distribution.
All options should be considered in the site selection process and no
one community should bear more than their fair share.

 LEGISLATIVE HISTORY :

A new bill.

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
Immediate.

2015-S7889 (ACTIVE) - Bill Text download pdf

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

                                  7889

                            I N  S E N A T E

                              May 20, 2016
                               ___________

Introduced  by  Sen.  COMRIE -- 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, in  relation  to  directing  the
  commissioner  of  mental health to issue a review and report regarding
  certain facilities

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

  Section 1. Section 5.05 of the mental hygiene law is amended by adding
a new subdivision (f) to read as follows:
  (F)  (1)  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND THE OFFICE OF  ALCOHOLISM
AND  SUBSTANCE  ABUSE  SERVICES SHALL, IN COLLABORATION WITH THE COMMIS-
SIONER OF THE NEW YORK CITY DEPARTMENT  OF  HOMELESS  SERVICES  AND  THE
CHAIR  AND CHIEF EXECUTIVE OFFICER OF THE NEW YORK CITY HOUSING AUTHORI-
TY, REVIEW ALL PROPOSALS  BY  AN  AGENCY  REQUESTING  TO  ENTER  INTO  A
CONTRACT OR SIMILAR AGREEMENT TO PROVIDE SERVICES AT A NEW LOCATION AS A
SOCIAL SERVICES FACILITY, TO EXPAND THE SIZE OF A SOCIAL SERVICES FACIL-
ITY,  OR  TO  CHANGE  THE TYPE OF SERVICES PROVIDED AT A SOCIAL SERVICES
FACILITY, WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  (2) FOR THE PURPOSE OF THIS SUBDIVISION, A "SOCIAL SERVICES  FACILITY"
SHALL INCLUDE THE FOLLOWING:
  A.  ACS PLACEMENT FACILITIES. "ACS PLACEMENT FACILITIES" MEANS FACILI-
TIES, CERTIFIED BY THE NEW YORK STATE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES, FOR THE CARE OF YOUTH PLACED IN ACCORDANCE WITH THE PROVISIONS
OF THE FAMILY COURT ACT AND THE REGULATIONS OF THE NEW YORK STATE OFFICE
OF  CHILDREN AND FAMILY SERVICES, MANAGED DIRECTLY BY THE ADMINISTRATION
FOR CHILDREN'S SERVICES OR UNDER CONTRACT OR SIMILAR AGREEMENT WITH  THE
ADMINISTRATION FOR CHILDREN'S SERVICES.
  B.  CITY-ADMINISTERED FACILITIES, "CITY-ADMINISTERED FACILITIES" MEANS
HOTELS,  SHELTERS  AND  OTHER  ACCOMMODATIONS  OR  ASSOCIATED  SERVICES,
MANAGED BY OR PROVIDED UNDER CONTRACT OR SIMILAR AGREEMENT WITH ANY CITY
AGENCY, PROVIDED TO INDIVIDUALS OR FAMILIES WHO NEED TEMPORARY EMERGENCY
HOUSING OR ASSISTANCE FINDING OR MAINTAINING STABLE HOUSING.

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

                                                           LBD15483-02-6

S. 7889                             2

  C.  DHS-ADMINISTERED  FACILITIES.  "DHS-ADMINISTERED FACILITIES" MEANS
CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOME-
LESS SERVICES OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT  WITH
THE DEPARTMENT OF HOMELESS SERVICES.
  D.  DYCD-ADMINISTERED FACILITIES. "DYCD-ADMINISTERED FACILITIES" MEANS
CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF YOUTH
AND COMMUNITY DEVELOPMENT OR BY A PROVIDER  UNDER  CONTRACT  OR  SIMILAR
AGREEMENT WITH THE DEPARTMENT OF YOUTH AND COMMUNITY DEVELOPMENT.
  E.  HPD-ADMINISTERED  FACILITIES.  "HPD-ADMINISTERED FACILITIES" MEANS
CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY BY THE DEPARTMENT OF HOUS-
ING PRESERVATION AND DEVELOPMENT OR BY  A  PROVIDER  UNDER  CONTRACT  OR
SIMILAR AGREEMENT WITH THE DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
OPMENT.
  F.  HRA-ADMINISTERED  FACILITIES.  "HRA-ADMINISTERED FACILITIES" MEANS
CITY-ADMINISTERED FACILITIES MANAGED DIRECTLY  BY  THE  HUMAN  RESOURCES
ADMINISTRATION OR BY A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH
THE  HUMAN  RESOURCES  ADMINISTRATION, EXCLUDING SHELTERS FOR VICTIMS OF
DOMESTIC VIOLENCE MANAGED DIRECTLY BY THE HUMAN RESOURCES ADMINISTRATION
OR BY A PROVIDER UNDER CONTRACT OR  SIMILAR  AGREEMENT  WITH  THE  HUMAN
RESOURCES ADMINISTRATION.
  G.  SUPPORTIVE  HOUSING  FACILITIES.  "SUPPORTIVE  HOUSING FACILITIES"
MEANS  AFFORDABLE,  INDEPENDENT,  AND  PERMANENT  HOUSING  WITH  SUPPORT
SERVICES  FOR TENANTS, INCLUDING BUT NOT LIMITED TO PEOPLE WHO HAVE BEEN
HOMELESS, HAVE HISTORIES OF SUBSTANCE  ABUSE,  ARE  COPING  WITH  MENTAL
ILLNESS, HAVE CHRONIC ILLNESSES SUCH AS HIV/AIDS, ARE YOUNG ADULTS AGING
OUT  OF  FOSTER  CARE,  ARE  HOMELESS  VETERANS, OR GRANDPARENTS RAISING
GRANDCHILDREN, AND IS UNDER CONTRACT WITH A CITY  AGENCY  INCLUDING  BUT
NOT LIMITED TO THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE HUMAN
RESOURCES ADMINISTRATION.
  (3)  WITHIN NINETY DAYS OF THE COMPLETION OF A REVIEW CONDUCTED PURSU-
ANT TO PARAGRAPH ONE OF  THIS  SUBDIVISION,  THE  COMMISSIONERS  OF  THE
OFFICE  OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES AND THE OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES
SHALL,  IN  COLLABORATION  WITH  THE  COMMISSIONER  OF THE NEW YORK CITY
DEPARTMENT OF HOMELESS SERVICES AND THE CHAIR AND CHIEF EXECUTIVE  OFFI-
CER  OF  THE  NEW  YORK  CITY HOUSING AUTHORITY, DELIVER A COPY OF THEIR
FINDINGS, AND ANY LEGISLATIVE RECOMMENDATIONS THEY DEEM TO BE  NECESSARY
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES COMMITTEE OF THE SENATE, AND THE CHAIR OF THE MENTAL HEALTH COMMIT-
TEE OF THE ASSEMBLY.
  S 2. This act shall take effect immediately.

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