NY State Senate Bill 2019-S2028A

Senate Bill S2028A

2019-2020 Legislative Session

Relates to the placement of registered sex offenders by the office for people with developmental disabilities

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to mental health and developmental disabilities
Apr 08, 2019	print number 2028a
Apr 08, 2019	amend and recommit to mental health and developmental disabilities
Jan 18, 2019	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2028 - Details

See Assembly Version of this Bill:: A1477
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9169, A11357
2021-2022: S5538

2019-S2028 - Summary

Relates to the placement of registered sex offenders by the office for people with developmental disabilities; provides that registered sex offenders with developmental disabilities shall be placed only in residential placements specifically designated for registered sex offenders by the office.

2019-S2028 - Sponsor Memo

                                
 
BILL NUMBER: S2028

SPONSOR: LITTLE
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to placement of
registered sex offenders by the office for people with developmental
disabilities

 
PURPOSE:

This bill provides that registered sex offenders with developmental
disabilities shall not be placed in the same assisted living facilities
as the general population of individuals with developmental disabili-
ties.

 
SUMMARY OF PROVISIONS:

Section 1 directs OPWDD to establish separate homes for individuals with
developmental disabilities who are registered sex offenders with
adequate accommodations, staff, and safety, and establishes that regis-

tered sex offenders with developmental disabilities shall never be
placed in a home with the general population of individuals with devel-
opmental disabilities.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In September 2018 families with relatives who live in a state-run home
for the developmentally disabled were notified that a Level 2 sex offen-
der would be placed in the home after being released from prison. The
registered sex offender had been convicted of third degree rape in both
2011 and 2014.

Individuals with developmental disabilities greatly benefit from
assisted living facilities where they are provided with care and inter-
action outside of their immediate families. Placing a registered sex
offender within those same homes could significantly disrupt the daily
activities of the home and create legitimate concerns for the families
of the individuals who already reside in those homes.

This legislation would allow OPWDD to fulfill its responsibility to
place registered sex offenders with developmental disabilities in homes
with adequate care while protecting the general population of individ-
uals with developmental disabilities from them. Creating a separate
space for individuals with development disabilities from those convicted
of sex crimes would allow both populations to be properly cared for
while providing peace of mind to all parties involved.

 
LEGISLATIVE HISTORY:

2017-18: S.9169/A.11357: Referred Rules; Referred Mental Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S2028 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2028
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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  placement  of
   registered  sex  offenders by the office for people with developmental
   disabilities

   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
 13.38-a to read as follows:
 § 13.38-A PLACEMENT OF REGISTERED SEX OFFENDERS.
   1. THE OFFICE SHALL  DESIGNATE  SPECIFIC  RESIDENTIAL  PLACEMENTS  FOR
 INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO  ARE  REGISTERED SEX
 OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE CORRECTION  LAW.  THE  OFFICE
 SHALL  DETERMINE HOW MANY RESIDENTIAL PLACEMENTS FOR INDIVIDUALS WHO ARE
 REGISTERED SEX OFFENDERS ARE NECESSARY TO PROVIDE ADEQUATE  SERVICES  TO
 SUCH  INDIVIDUALS AND SHALL ENSURE THAT THE LOCATION OF SUCH RESIDENTIAL
 PLACEMENTS ARE GEOGRAPHICALLY DISBURSED THROUGHOUT THE STATE.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE OFFICE SHALL
 NOT PERMIT OR CAUSE THE PLACEMENT OF ANY REGISTERED SEX OFFENDER IN  ANY
 RESIDENTIAL  PLACEMENT  OTHER  THAN  SPECIFICALLY DESIGNATED RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS AS PROVIDED IN  SUBDIVISION  ONE
 OF THIS SECTION.
   3.  THE  OFFICE  SHALL  DEVELOP  A STAFFING MODEL FOR SUCH RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS WHICH SHALL INCLUDE,  BUT  SHALL
 NOT  BE  LIMITED TO, AN ADEQUATE STAFF TO RESIDENT RATIO AND APPROPRIATE
 TRAINING, TO ENSURE THE SAFETY AND WELL-BEING OF THE RESIDENTS.
   4. TRANSITIONAL CARE PROVIDED TO SUCH REGISTERED  SEX  OFFENDERS  WITH
 DEVELOPMENTAL DISABILITIES SHALL INCLUDE OUTREACH BY THE OFFICE TO LOCAL
 LAW ENFORCEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01265-01-9

co-Sponsors

2019-S2028A (ACTIVE) - Details

See Assembly Version of this Bill:: A1477
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9169, A11357
2021-2022: S5538

2019-S2028A (ACTIVE) - Summary

2019-S2028A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2028A

SPONSOR: LITTLE
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
placement of registered sex offenders by the office for people with
developmental disabilities

 
PURPOSE:

This bill provides that registered sex offenders with developmental
disabilities, except for a level one sex offender who has not been
designated as a sexual predator, a sexually violent offender, or a pred-
icate sex offender, shall not be placed in the same assisted living
facilities as the general population of individuals with developmental
disabilities.

 
SUMMARY OF PROVISIONS:

Section 1 directs OPWDD to establish separate homes for individuals with
developmental disabilities who are registered sex offenders with
adequate accommodations, staff, and safety, and establishes that regis-

tered sex offenders with developmental disabilities shall never be
placed in a home with the general population of individuals with devel-
opmental disabilities. For the purposes of this section a "registered
sex offender" is defined as all registered sex offenders pursuant to
article six-c of the correction law, except for a level one sex offender
who has not been designated as a sexual predator, a sexually violent
offender, or a predicate sex offender.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In September 2018 families with relatives who live in a state-run home
for the developmentally disabled were notified that a Level 2 sex offen-
der would be placed in the home after being released from prison.  The
registered sex offender had been convicted of third degree rape in both
2011 and 2014.

Individuals with developmental disabilities greatly benefit from
assisted living facilities where they are provided with care and inter-
action outside of their immediate families. Placing a registered sex
offender within those same homes could significantly disrupt the daily
activities of the home and create legitimate safety concerns for the
families of the individuals who already reside therein.

This legislation would allow OPWDD to fulfill its responsibility to
place registered sex offenders with developmental disabilities in homes
with adequate care while protecting the general population of individ-
uals with developmental disabilities from them. Creating a separate
space for individuals with development disabilities from those convicted
of sex crimes would allow both populations to be properly cared for
while providing peace of mind to all parties involved.

 
LEGISLATIVE HISTORY:

2017-18: S.9169/A.11357: Referred Rules; Referred Mental Health

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S2028A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2028--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sens.  LITTLE, JORDAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  mental hygiene law, in relation to placement of
   registered sex offenders by the office for people  with  developmental
   disabilities
 
   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
 13.38-a to read as follows:
 § 13.38-A PLACEMENT OF REGISTERED SEX OFFENDERS.
   1.  FOR  PURPOSES  OF THIS SECTION, THE TERM "REGISTERED SEX OFFENDER"
 SHALL MEAN ALL REGISTERED SEX OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTION LAW, EXCEPT FOR A LEVEL ONE SEX OFFENDER  WHO  HAS  NOT  BEEN
 DESIGNATED AS A SEXUAL PREDATOR, A SEXUALLY VIOLENT OFFENDER, OR A PRED-
 ICATE SEX OFFENDER.
   2.  THE  OFFICE  SHALL  DESIGNATE  SPECIFIC RESIDENTIAL PLACEMENTS FOR
 INDIVIDUALS WITH  DEVELOPMENTAL  DISABILITIES  WHO  ARE  REGISTERED  SEX
 OFFENDERS.  THE  OFFICE  SHALL DETERMINE HOW MANY RESIDENTIAL PLACEMENTS
 FOR INDIVIDUALS WHO  ARE  REGISTERED  SEX  OFFENDERS  ARE  NECESSARY  TO
 PROVIDE  ADEQUATE SERVICES TO SUCH INDIVIDUALS AND SHALL ENSURE THAT THE
 LOCATION OF SUCH RESIDENTIAL  PLACEMENTS  ARE  GEOGRAPHICALLY  DISBURSED
 THROUGHOUT THE STATE.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE OFFICE SHALL
 NOT  PERMIT OR CAUSE THE PLACEMENT OF ANY REGISTERED SEX OFFENDER IN ANY
 RESIDENTIAL PLACEMENT OTHER  THAN  SPECIFICALLY  DESIGNATED  RESIDENTIAL
 PLACEMENTS  FOR  REGISTERED SEX OFFENDERS AS PROVIDED IN SUBDIVISION ONE
 OF THIS SECTION.  PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO
 REGISTERED SEX OFFENDERS WHO HAVE ALREADY BEEN  SUCCESSFULLY  PLACED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01265-04-9

 S. 2028--A                          2
 
 THE OFFICE IN A RESIDENTIAL PLACEMENT FOR INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
   4.  THE  OFFICE  SHALL  DEVELOP  A STAFFING MODEL FOR SUCH RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS WHICH SHALL INCLUDE,  BUT  SHALL
 NOT  BE  LIMITED TO, AN ADEQUATE STAFF TO RESIDENT RATIO AND APPROPRIATE
 TRAINING, TO ENSURE THE SAFETY AND WELL-BEING OF THE RESIDENTS.
   5. TRANSITIONAL CARE PROVIDED TO SUCH REGISTERED  SEX  OFFENDERS  WITH
 DEVELOPMENTAL DISABILITIES SHALL INCLUDE OUTREACH BY THE OFFICE TO LOCAL
 LAW ENFORCEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2028A

Share this bill

Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

co-Sponsors

Daphne Jordan

2019-S2028 - Details

2019-S2028 - Summary

2019-S2028 - Sponsor Memo

2019-S2028 - Bill Text download pdf

co-Sponsors

Daphne Jordan

James L. Seward

2019-S2028A (ACTIVE) - Details

2019-S2028A (ACTIVE) - Summary

2019-S2028A (ACTIVE) - Sponsor Memo

2019-S2028A (ACTIVE) - Bill Text download pdf

Comments