NY State Senate Bill 2017-S2346

Senate Bill S2346

2017-2018 Legislative Session

Requires the development of guidelines to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to mental health and developmental disabilities
Jan 13, 2017	referred to mental health and developmental disabilities

2017-S2346 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.50 & 19.44, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7069
2013-2014: S891
2015-2016: S2640
2019-2020: S3765
2021-2022: S3282
2023-2024: S7968

2017-S2346 (ACTIVE) - Summary

Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

2017-S2346 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2346

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to averting retraumatization of victims of sexual offenses in a
behavioral health outpatient setting

 PURPOSE :

This bill would have the Office of Mental Health, and the Office of
Alcoholism and Substance Abuse consult with stakeholders in the
development of guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new section to the Mental Hygiene Law,
7.50, as follows:

§ 7.50 Victims of sexual offenses; outpatient group setting. The
office shall develop guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting. Such guidelines
shall outline best practices providers may use when providing services
to victims of sexual abuse in an effort to avert retraumatization by
known sex offenders. Such best practices shall, to the greatest extent
Possible, be based on evidence based practices. In creating such
guidelines, the office shall consult with stakeholders. Such

stakeholders shall include, but not be limited to, representatives of
consumer advocates, providers and victim rights groups.

2. The mental hygiene law is amended by adding a new section 19.44, as
follows:

§ 19.44 Victims of sexual offenses; outpatient group setting. The
Office shall develop guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting. Such guidelines
shall outline best practices providers may use when providing services
to victims of sexual abuse in an effort to avert retraumatization by
known sex offenders. Such best practices shall, to the greatest extent
possible, be based on evidence based practices. In creating such
guidelines, the office shall consult with stakeholders. Such
stakeholders shall include, but not be limited to, representatives of
consumer advocates, providers and victim rights groups.

§ 3. of the bill establishes the effective date.

 JUSTIFICATION :

There are circumstances where sex offenders who are dependent upon
drugs and/or alcohol are ordered or mandated to attend chemical
dependence therapy as part of their plea and probation arrangements
from a drug alcohol court. However, it has come to the sponsor's
attention that there is the potential for, and actual cases of,
victims of sexual abuse being placed in the same alcohol and substance
abuse therapy sessions as a registered sex offender. This may lead to
additional victimization of sexual abuse victims and there should be
Procedural mechanisms set in place that prevent registered sex
offenders and sexual abuse victims from being in the same therapy
sessions. This bill has the Office of Mental Health and Office of
Alcoholism and Substance Abuse Services develop guidelines regarding
victims of sexual offenses from retraumatization during their time in
a behavior health outpatient setting.

 LEGISLATIVE HISTORY :

2015-16: S.2640 - Referred to Mental Health and Developmental
Disabilities
2013-14: S.0891 - Referred to Mental Health and Developmental
Disabilities
2011-12: S.7069A/A.6573 -Passed the assembly/Died in Mental Health
A.10255-A of 2009-10

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2346 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2346
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 averting  retrau-
   matization of victims of sexual offenses in a behavioral health outpa-
   tient setting

   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
 7.50 to read as follows:
 § 7.50 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
   THE  OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF SEXUAL
 OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH  GUIDE-
 LINES  SHALL  OUTLINE  BEST  PRACTICES  PROVIDERS MAY USE WHEN PROVIDING
 SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT  RETRAUMATIZA-
 TION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST
 EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING  SUCH
 GUIDELINES,  THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD-
 ERS SHALL INCLUDE, BUT NOT BE LIMITED TO,  REPRESENTATIVES  OF  CONSUMER
 ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
   §  2.  The mental hygiene law is amended by adding a new section 19.44
 to read as follows:
 § 19.44 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
   THE OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF  SEXUAL
 OFFENSES  RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE-
 LINES SHALL OUTLINE BEST PRACTICES  PROVIDERS  MAY  USE  WHEN  PROVIDING
 SERVICES  TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA-
 TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE  GREATEST
 EXTENT  POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH
 GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH  STAKEHOLD-
 ERS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER
 ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07361-01-7

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