S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2187
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN  ACT  to  amend  the  mental hygiene law, in relation to establishing
   residential treatment facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.18 of the mental hygiene law, as added by chapter
 7 of the laws of 2007, is amended to read as follows:
 § 7.18 Secure treatment facilities in the office.
   (a)  1.  There  shall be in the office secure treatment facilities, as
 defined in subdivision (o) of section 10.03 of this title, as designated
 by the commissioner for the care and treatment of dangerous  sex  offen-
 ders requiring confinement, as described in article ten of this title.
   [(b)] 2. Such secure treatment facilities may be created on the former
 grounds  of  hospitals  operated  by the office, but shall be considered
 separate and distinct facilities and shall not be considered or  defined
 as hospitals.
   (B)  1.  THERE SHALL BE IN THE OFFICE RESIDENTIAL TREATMENT FACILITIES
 AS AN ALTERNATIVE TO INCARCERATION DESIGNATED BY  THE  COMMISSIONER  AND
 LICENSED  BY  THE  OFFICE OF MENTAL HEALTH FOR THE CARE AND TREATMENT OF
 PERSONS WITH SERIOUS MENTAL ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO
 OF SECTION 1.03 OF THIS CHAPTER WHO ARE ALSO ACCUSED  OF  AT  LEAST  ONE
 FELONY  LEVEL  CRIME.  SUCH  FACILITIES  MAY  BE OPERATED BY A PUBLIC OR
 PRIVATE NON-PROFIT ORGANIZATION AS  SET  FORTH  IN  SUBDIVISION  (D)  OF
 SECTION 7.17 OF THIS ARTICLE.
   2.  ADMISSION  TO  SUCH  FACILITY  WILL REQUIRE VOLUNTARY AND INFORMED
 CONSENT OF PERSONS LIVING WITH SUCH SERIOUS MENTAL ILLNESS TO RESIDE  AT
 SAID  FACILITY  AND  TO  ABIDE  BY ALL FACILITY RULES INCLUDING, BUT NOT
 LIMITED TO, A VOLUNTARY AGREEMENT NOT  TO  LEAVE  THE  FACILITY  WITHOUT
 WEARING  A  GLOBAL  POSITIONING  SYSTEM DEVICE AND ACCOMPANIED BY STAFF,
 UNLESS OTHERWISE AUTHORIZED BY  THE  FACILITY  DIRECTOR.  SUCH  INFORMED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06630-01-1

 S. 2187                             2
 
 CONSENT  SHALL  BE  MEMORIALIZED  IN  AN  AGREEMENT  ENTERED INTO BY THE
 PRESIDING JUDGE IN THE  CRIMINAL  MATTER  INVOLVING  SUCH  FELONY  LEVEL
 CRIME,  THE  PERSON  LIVING  WITH SUCH SERIOUS MENTAL ILLNESS ALLEGED TO
 HAVE COMMITTED SUCH FELONY LEVEL CRIME WHO SHALL BE REPRESENTED BY COUN-
 SEL,  AND  THE  COUNTY PROSECUTOR, AND SHALL FURTHER REQUIRE SUCH PERSON
 LIVING WITH A  SERIOUS  MENTAL  ILLNESS  TO  VOLUNTARILY  AND  KNOWINGLY
 REQUEST THE IMPOSITION OF BAIL IN A NOMINAL AMOUNT, PURSUANT TO SUBDIVI-
 SION  FIVE  OF  SECTION  510.10 OF THE CRIMINAL PROCEDURE LAW. TO ENSURE
 THAT CONSENT IS INFORMED  AND  VOLUNTARY,  SUCH  PRESIDING  JUDGE  SHALL
 APPOINT  COUNSEL  IF  SUCH  PERSON  WITH A SERIOUS MENTAL ILLNESS IS NOT
 OTHERWISE REPRESENTED BY COUNSEL.  SUCH AGREEMENT SHALL ALSO INCLUDE  AN
 AGREEMENT  BY THE PROSECUTING AGENCY THAT WHERE SUCH PERSON SUCCESSFULLY
 COMPLETES THE PERIOD OF TREATMENT OUTLINED IN SAID AGREEMENT SUCH PERSON
 WILL NOT BE SUBJECT TO INCARCERATION FOR THE ALLEGED CRIMES  WHICH  WERE
 THE SUBJECT OF, OR WHICH WERE AGREED TO IN THE AGREEMENT OR WHICH MAY BE
 THEREAFTER  SUBSTITUTED AT THE TIME OF SENTENCING FOR ANY ALLEGED CRIMES
 RELATED TO THE ALLEGED INCIDENTS WHICH WERE THE SUBJECT OF  SAID  AGREE-
 MENT.
   3.  PROGRAMS  OPERATED  PURSUANT  TO  THIS  SECTION  SHALL PROVIDE THE
 FOLLOWING AS NEEDED: MEDICATION MANAGEMENT;  EFFECTIVE  PSYCHIATRIC  AND
 THERAPEUTIC  TREATMENT  IN A SAFE, VIOLENCE-FREE ENVIRONMENT DESIGNED TO
 STABILIZE THE UNDERLYING SERIOUS MENTAL ILLNESS; TREATMENT OF ANY CO-OC-
 CURRING SUBSTANCE USE DISORDER; AND BASIC CARE AND LIFE SKILLS  TRAINING
 RELATED  TO  NUTRITION, EXERCISE, HYGIENE AND MENTAL AND PHYSICAL HEALTH
 CARE MAINTENANCE.
   4. PURSUANT TO SUBDIVISION (B) OF SECTION 7.15 OF  THIS  ARTICLE,  THE
 COMMISSIONER  SHALL  WORK  COOPERATIVELY  WITH  THE  COMMISSIONER OF THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS TO PROVIDE FOR  THE  TREATMENT
 OF  CO-OCCURRING  SUBSTANCE  USE  DISORDERS  OF RESIDENTS IN SEMI-SECURE
 FACILITIES LICENSED PURSUANT TO THIS SECTION.
   5. ON OR WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF  THE  CHAPTER  OF
 THE  LAWS  OF  TWO  THOUSAND  TWENTY-ONE  THAT AMENDED THIS SECTION, THE
 COMMISSIONER SHALL TAKE REASONABLY NECESSARY ACTIONS TO FULLY  IMPLEMENT
 THIS  SECTION,  INCLUDING  BUT NOT LIMITED TO, PROMULGATING RULES, REGU-
 LATIONS OR GUIDELINES REGARDING LICENSURE BY THE OFFICE OF MENTAL HEALTH
 OF RESIDENTIAL ALTERNATIVE TO INCARCERATION FACILITIES AS SET  FORTH  IN
 PARAGRAPH  ONE  OF THIS SUBDIVISION. IF RULES, REGULATIONS OR GUIDELINES
 ARE NECESSARY FOR LICENSURE, SUCH LICENSURE RULES, REGULATIONS OR GUIDE-
 LINES SHALL BE DETERMINED ON OR WITHIN NINE MONTHS OF THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED  THIS
 SECTION.
   6.  ON  OR  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND  TWENTY-ONE  THAT  AMENDED  THIS  SECTION,  THE
 COMMISSIONER  SHALL  SEEK FEDERAL FINANCIAL PARTICIPATION IN THE FEDERAL
 MEDICAL ASSISTANCE PERCENTAGE PROGRAM WITH REGARD TO THE  ADMINISTRATION
 AND  IMPLEMENTATION OF ANY PROGRAM AS PROVIDED FOR IN PARAGRAPH THREE OF
 THIS SUBDIVISION.
   § 2. This act shall take effect immediately.