S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2384
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental 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 AND ISSUE A REPORT CONCERNING  ALL  PROPOSALS  BY  AN  AGENCY
 REQUESTING TO:
   A.  ENTER  INTO CONTRACT OR SIMILAR AGREEMENT TO PROVIDE SERVICES AT A
 NEW LOCATION AS A SOCIAL SERVICES FACILITY; AND
   B. TO EXPAND THE SIZE AND/OR CHANGE THE TYPE OF SERVICES OFFERED OF  A
 SOCIAL SERVICES FACILITY, WITHIN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE.
   (2)  THE  REVIEW  AND  REPORT  SHALL  FOCUS  ON THE FOLLOWING FACTORS,
 INCLUDING, WITHOUT LIMITATION:
   A. THE PROPOSED IMPACT IN THE AFFECTED COMMUNITY.
   B. THE CURRENT LEVEL AND CONCENTRATION OF ALL SOCIAL SERVICES  FACILI-
 TIES IN THE AFFECTED AREA.
   C.  THE CUMULATIVE EFFECT THEREOF; AND SPECIFIC SUGGESTIONS, MODIFICA-
 TION AND OBJECTIONS AS EXPRESSED BY THE AFFECTED COMMUNITY.
   (3) FOR THE PURPOSE OF THIS SUBDIVISION, A "SOCIAL SERVICES  FACILITY"
 SHALL INCLUDE THE FOLLOWING:

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

                                                            LBD02907-01-9

 S. 2384                             2
 
   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.
   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.
   (4)  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, SHALL ISSUE A REPORT AND
 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 DISABILITIES COMMITTEE OF THE SENATE, AND THE CHAIR OF
 THE MENTAL HEALTH COMMITTEE OF THE ASSEMBLY.
   § 2. This act shall take effect immediately.