NY State Senate Bill 2019-S329

Senate Bill S329

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Stricken

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
May 14, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to mental health and developmental disabilities

2019-S329 (ACTIVE) - Details

See Senate Version of this Bill:: S5772
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:: 2015-2016: S7495
2017-2018: S1113
2021-2022: S1765

2019-S329 (ACTIVE) - Summary

2019-S329 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S329

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the mental hygiene law and the execu-
tive law, in relation to requiring 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

 
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 legis-
lature 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 determine 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 disabili-
ties, and offices of children and family services, have been closing
statewide. In order to deem theses closures necessary, the state legis-
lature will be requiring the commissioner to submit a full report as to
why any changes shall be made. It will be under the legislatures juris-
diction as to whether or not there is sufficient evidence to prove the
need for closures of any facility/institution, the need for any signif-
icant 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 discon-
tinued 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 facili-
ties will be justified or not.

 
LEGISLATIVE HISTORY:

2018 - S1113: Passed Senate
2017 - S1113: Passed Senate
2016 - S7495: Passed Senate

 
FISCAL IMPLICATIONS:

None.

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

2019-S329 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    329
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 for people with developmental disabil-
   ities 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05180-01-9

 S. 329                              2
 
   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-
 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.
   § 2. The mental hygiene law is amended by adding a new  section  13.18
 to read as follows:
 § 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.
   § 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.

 S. 329                              3
 
 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
 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.
   § 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.
   §  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.

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.