S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2361
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. WEPRIN, DICKENS -- read once and referred 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.
                                                            LBD00278-01-3
              

 A. 2361                             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-THREE 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-THREE  THAT  AMENDED
 THIS SECTION.
   6.  ON  OR  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-THREE 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.