S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10384
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Bichotte Hermelyn) -- read once  and  referred  to  the  Committee  on
   People with Disabilities
 
 AN  ACT to amend the mental hygiene law, in relation to requiring boards
   of visitors provide greater transparency to the public regarding  such
   boards' activities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (d), (f) and  (j)  of  section  13.33  of  the
 mental  hygiene  law, as amended by section 4 of part J of chapter 56 of
 the laws of 2012, are amended to read as follows:
   (d) Each board shall, at the first meeting of each calendar year elect
 one member to serve as president of the board and one member to serve as
 secretary; provided however, that no member may serve for more than  two
 consecutive  years  as president.   AFTER SUCH ELECTION OF THE PRESIDENT
 AND SECRETARY, EACH BOARD SHALL INFORM THE GOVERNOR, THE SPEAKER OF  THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE OF SUCH NEW PRESIDENT
 AND SECRETARY.
   (f) (1) Each board of visitors shall hold six bi-monthly regular meet-
 ings annually, but a greater number of regular meetings may be scheduled
 by the board. Each board of visitors shall establish in their by-laws or
 otherwise,  in  writing  AND AT THE FIRST MEETING OF EACH CALENDAR YEAR,
 whether these six meetings shall be held during  months  represented  by
 odd  numbers or months represented by even numbers. The president of the
 board shall notify [the chairman of the commission on  quality  of  care
 and  advocacy  for  persons with disabilities] THE EXECUTIVE DIRECTOR OF
 THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL  NEEDS  and
 the  [state  operations director] COMMISSIONER of the determination made
 concerning the designated months for the six  bi-monthly  regular  meet-
 ings.    THE  DATES  OF  SUCH  MEETINGS  SHALL BE POSTED ON THE OFFICE'S
 WEBSITE AND SHALL BE MADE AVAILABLE TO THE PUBLIC. The president of  the
 board, the commissioner, [the director,] or the members as determined by
 the rules of the board may call special meetings. The board may [require
 the director] REQUEST THE COMMISSIONER, OR SUCH COMMISSIONER'S DESIGNEE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15169-01-4
 A. 10384                            2
 
 to  submit  a  report at each meeting. Each board shall keep a record of
 its proceedings and activities. A member of a board of visitors who  has
 failed  to attend three consecutive bi-monthly regular meetings shall be
 considered  to  have vacated [his] SUCH MEMBER'S office unless otherwise
 ordered by the governor. The board shall cause  notice  of  any  of  its
 public  meetings  to be sent to the mental hygiene legal service located
 in the same judicial department as  the  state  operations  office.  The
 mental  hygiene  legal  service  may  send  a representative to any such
 public meeting, and may request the board to review  patient  complaints
 or  investigate  alleged  incidents  of abuse or mistreatment. The board
 shall notify the appropriate representative of the mental hygiene  legal
 service  of  the  board's  actions  and findings in relation to any such
 request.  MEETING MINUTES, AGENDAS, PROCEEDINGS, ACTIVITIES, BY-LAWS AND
 ACTIONS BY EACH BOARD SHALL BE POSTED ON THE OFFICE'S WEBSITE AND  SHALL
 BE MADE AVAILABLE TO THE PUBLIC.
   (2)  The  president  of the board of visitors shall notify a member by
 certified or registered mail return receipt requested when  such  member
 of the board has failed to attend any two consecutive bi-monthly regular
 meetings. This notice shall be sent within ten days following the second
 meeting  and  shall  include  the  dates  of the two meetings which were
 missed, the date of the next bi-monthly regular meeting, and a statement
 concerning the consequences of failure to attend the next meeting.
   (3) Within three  days  after  the  third  consecutive  absence  at  a
 bi-monthly  regular  meeting  by a member, the president of the board of
 visitors shall notify, in writing, the governor, the  commissioner,  the
 [chairman  of the commission on quality of care and advocacy for persons
 with disabilities] EXECUTIVE DIRECTOR OF  THE  JUSTICE  CENTER  FOR  THE
 PROTECTION  OF PEOPLE WITH SPECIAL NEEDS, THE TEMPORARY PRESIDENT OF THE
 SENATE and the [state operations director] SPEAKER OF  THE  ASSEMBLY  of
 such absences.  The president of the board of visitors shall send a copy
 of  this notice by registered or certified mail return receipt requested
 to the member to whom it pertains. The member may petition the  governor
 to  excuse [his] SUCH MEMBER'S absences. If the governor does not excuse
 the absences within forty-five days of the date of the third consecutive
 meeting absence, the office of the member shall be deemed vacated.
   (j) Once each year, each board shall make an independent assessment of
 conditions at such facilities and shall submit a report on  the  assess-
 ment  and  recommendations  to the governor, to the commissioner, to the
 temporary president of the senate, to the speaker of the assembly and to
 the [chairman of the state commission on quality of  care  and  advocacy
 for  persons with disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER
 FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.