NY State Senate Bill 2019-S619

Senate Bill S619

2019-2020 Legislative Session

Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders

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
Jan 08, 2020	referred to mental health and developmental disabilities
Jan 09, 2019	referred to mental health and developmental disabilities

2019-S619 (ACTIVE) - Details

See Assembly Version of this Bill:: A6039
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.48 & 19.45, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4251, A7032
2015-2016: S616, A4370
2017-2018: S602, A10589
2021-2022: S6118, A6788

2019-S619 (ACTIVE) - Summary

Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders; requires the development of guidelines and procedures for outpatient group settings.

2019-S619 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S619

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to create "Robin's law"; and to amend the mental hygiene law, in
relation to mental health and chemical dependence outpatient treatment
of sex offenders

 
PURPOSE:

To require the development of guidelines for the outpatient mental
health and chemical dependence treatment of sex offenders in group
settings.

 
SUMMARY OF PROVISIONS:

Section 2 the bill adds a new section 7.47 to the mental hygiene law to
require that the Office of Mental Health develop guidelines and proce-
dures regarding the treatment of sex offenders (as defined) and detained
sex offenders (as defined) in outpatient group settings.  Such guide-

lines and procedures shall outline best practices to ensure a protected,
safe and clinically sound treatment environment for all patients and
shall, to the greatest extent possible, be based on evidence-based clin-
ical treatment standards regarding the segregation of sex offenders from
the general patient population. In developing such guidelines and proce-
dures, the commissioner shall consult with a panel of stakeholders who
shall include, but not be limited to, representatives of consumer advo-
cates, providers and victim rights groups. Such panel shall consist of
nine members, of whom: five shall be appointed by the Governor, two by
the Temporary President of the Senate, and two by the Speaker of the
Assembly.

Section 3 adds a new section 19.45 to the mental hygiene law to apply
the same provisions contained in section 1 of the bill to the Office of
Alcoholism and Substance Abuse Services.

Section 4 provides 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 or
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 legislation would have the
Office of Mental Health and the Office of Alcoholism and Substance Abuse
Services develop guidelines and procedures regarding the segregation of
sex offenders from the general patient population in order to ensure a
protected, safe and clinically sound treatment environment for all
patients.

 
LEGISLATIVE HISTORY:

2013-2014: Died in Finance
01/07/15 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
03/11/15 REPORTED AND COMMITTED TO FINANCE
01/06/16 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/25/16 REPORTED AND COMMITTED TO FINANCE
06/20/17 PASSED SENATE
01/03/18 died in assembly
01/03/18 returned to senate
01/03/18 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/17/18 REPORTED AND COMMITTED TO FINANCE

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S619 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    619
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to create "Robin's law"; and to amend the mental hygiene law,  in
   relation to mental health and chemical dependence outpatient treatment
   of sex offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Robin's law."
   § 2. The mental hygiene law is amended by adding a new section 7.48 to
 read as follows:
 § 7.48 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
   THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
 OFFENDERS, AS DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION  LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03
 OF THIS TITLE, RECEIVING SERVICES IN AN OUTPATIENT GROUP  SETTING.  SUCH
 GUIDELINES  AND  PROCEDURES  SHALL  OUTLINE  BEST  PRACTICES TO ENSURE A
 PROTECTED, SAFE AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT  FOR  ALL
 PATIENTS  AND  SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE BASED ON
 EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
 SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION.  IN  DEVELOPING  SUCH
 GUIDELINES  AND  PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL
 OF STAKEHOLDERS WHO SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  REPRESEN-
 TATIVES  OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH
 PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
 THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
 SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   §  3.  The mental hygiene law is amended by adding a new section 19.45
 to read as follows:
 § 19.45 SEX OFFENDERS; OUTPATIENT GROUP SETTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04333-01-9

 S. 619                              2
 
   THE COMMISSIONER SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING SEX
 OFFENDERS, AS DEFINED  IN  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION  LAW, AND DETAINED SEX OFFENDERS, AS DEFINED IN SECTION 10.03
 OF THIS CHAPTER, RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH
 GUIDELINES  AND  PROCEDURES  SHALL  OUTLINE  BEST  PRACTICES TO ENSURE A
 PROTECTED, SAFE AND  CLINICALLY  SOUND  TREATMENT  ENVIRONMENT  FOR  ALL
 PATIENTS  AND  SHALL,  TO  THE  GREATEST  EXTENT  POSSIBLE,  BE BASED ON
 EVIDENCE-BASED CLINICAL TREATMENT STANDARDS REGARDING THE SEGREGATION OF
 SEX OFFENDERS FROM THE GENERAL PATIENT POPULATION.  IN  DEVELOPING  SUCH
 GUIDELINES  AND  PROCEDURES, THE COMMISSIONER SHALL CONSULT WITH A PANEL
 OF STAKEHOLDERS WHO SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  REPRESEN-
 TATIVES  OF CONSUMER ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS. SUCH
 PANEL SHALL CONSIST OF NINE MEMBERS, OF WHOM: FIVE SHALL BE APPOINTED BY
 THE GOVERNOR, TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
 SENATE AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   § 4. This act shall take effect immediately.

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