NY State Senate Bill 2023-S7968

Senate Bill S7968

2023-2024 Legislative Session

Requires the development of guidelines to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting

download bill text pdf

Current Bill Status - In Senate Committee Mental Health 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 04, 2024	referred to mental health

2023-S7968 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.50 & 19.44, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7069
2013-2014: S891
2015-2016: S2640
2017-2018: S2346
2019-2020: S3765
2021-2022: S3282

2023-S7968 (ACTIVE) - Summary

Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

2023-S7968 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7968

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to averting retrau-
matization of victims of sexual offenses in a behavioral health outpa-
tient setting

 
PURPOSE:

This bill would have the Office of Mental Health, and the Office of
Alcoholism and Substance Abuse consult with stakeholders in the develop-
ment of guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section to the Mental Hygiene Law,

7.50, as follows:

§ 7.50 Victims of sexual offenses; outpatient group setting. The office
shall develop guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting. Such guidelines shall outline
best practices providers may use when providing services to victims of
sexual abuse in an effort to avert re-traumatization by known sex offen-
ders. Such best practices shall, to the greatest extent Possible, be
based on evidence based practices. In creating such guidelines, the
office shall consult with stakeholders. Such stakeholders shall include,
but not be limited to, representatives of consumer advocates, providers
and victim rights groups.

§ 2. The mental hygiene law is amended by adding a new section 19.44, as
follows:

§ 19.44 Victims of sexual offenses; outpatient group setting. The Office
shall develop guidelines regarding victims of sexual offenses receiving
services in an outpatient group setting. Such guidelines shall outline
best practices providers may use when providing services to victims of
sexual abuse in an effort to avert re-traumatization by known sex offen-
ders. Such best practices shall, to the greatest extent possible, be
based on evidence based practices. In creating such guidelines, the
office shall consult with stakeholders. Such stakeholders shall include,
but not be limited to, representatives of consumer advocates, providers
and victim rights groups.

§ 3. Establishes 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
alcohol court. However, it has come to the sponsor's attention that
there is the potential for, and actual cases evidence of victims of
sexual abuse being placed in the same alcohol and substance abuse thera-
py 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 bill has the
Office of Mental Health and Office of Alcoholism and Substance Abuse
Services develop guidelines regarding victims of sexual offenses from
re-traumatization during their time in a behavior health outpatient
setting.

 
LEGISLATIVE HISTORY:

2021-22: S3282 - Referred to Mental Health

2019-20: S3765 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES

2017-18: S2346 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES

2015-16: S.2640 - Referred to Mental Health and Developmental Disabili-
ties

2013-14: S.0891 - Referred to Mental Health and Developmental Disabili-
ties

2011-12: S.7069A/A.6573 - Passed the assembly/Died in Mental Health
A.10255-A of 2009-10

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7968 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7968
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 averting  retrau-
   matization of victims of sexual offenses in a behavioral health outpa-
   tient setting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The mental hygiene law is amended by adding a new  section
 7.50 to read as follows:
 § 7.50 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
   THE  OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF SEXUAL
 OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH  GUIDE-
 LINES  SHALL  OUTLINE  BEST  PRACTICES  PROVIDERS MAY USE WHEN PROVIDING
 SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT  RETRAUMATIZA-
 TION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST
 EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING  SUCH
 GUIDELINES,  THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD-
 ERS SHALL INCLUDE, BUT NOT BE LIMITED TO,  REPRESENTATIVES  OF  CONSUMER
 ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
   §  2.  The mental hygiene law is amended by adding a new section 19.44
 to read as follows:
 § 19.44 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
   THE OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF  SEXUAL
 OFFENSES  RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE-
 LINES SHALL OUTLINE BEST PRACTICES  PROVIDERS  MAY  USE  WHEN  PROVIDING
 SERVICES  TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA-
 TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE  GREATEST
 EXTENT  POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH
 GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH  STAKEHOLD-
 ERS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER
 ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06007-01-3

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