Establishes the yellow ribbon reintegration program; appropriation

Summary of specific provisions

Section one amends the military law by adding a new Article XIV defining the Yellow Ribbon Reintegration Program, including definitions, establishment of an Office for reinte- gration programs and deployment cycle support teams, and mandating the distribution of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) to service members from New York who have not received a Federally administered questionnaire.

Section two amends subdivision 1 of section 2744 of the public health law to include the adjutant general and the director of reintegration and the director of veterans' affairs as members of the traumatic brain injury services coordinating council.

Section three amends subdivision 1 of section 3803 of the public health law to include specific mental and physical health issues including PTSD and TBI in the veteran's health care information program.

Section four amends the executive law by adding a new section 366-a which states the director of veteran's affairs, or his or her designee, shall develop an outreach plan assist eligible returning combat veterans with obtaining screenings for PTSD and TBI.

Section five amends the criminal procedure law by adding a new section 220.16 which creates the plea of not responsible by reason of a mental disease or defect stemming from service in a combat zone, for those service members suffering from a mental disease, including PTSD, who have been certified by the director of veteran's affairs. If the court

determines that such defendant meets the criteria, and the current crime of conviction and criminal history do not warrant a sentence of impri- sonment pursuant to the provisions of title E of part 2 of the penal law, the court may order such defendant to undergo treatment, including those that provide services for veterans. Nothing in this section shall be construed to limit the court's authority to order any other sanction or to treat the defendant's plea as a plea of not responsible by a reason of mental disease or defect pursuant to section 220.15 of this article.

Section six amends section 353 of the executive law to add two new subdivisions, 20, and 21, which state that the director of veteran's affairs shall work with the traumatic brain injury services coordinating council to establish a program for mental health and rehabilitative services for veterans and their families, and provide certifications of service for veterans who served in a combat zone pursuant to section 220.16 of the criminal procedure law.

Sections seven and eight amend the mental hygiene law by adding a new subdivision (k) to section 7.09, and a new subdivision (i) to section 19.09, to direct the commissioner of the office of mental health and the commissioner of the office of alcoholism and substance abuse services to work with the traumatic brain injury services coordinating council to establish a program for mental health and rehabilitative services for veterans and their families.

Section nine appropriates the sum of $500,000, to the division of mili- tary and naval affairs, for the establishment of the programs defined in section one of this act.

Section ten states the effective date.

JUSTIFICATION:; The Minnesota National Guard pioneered a highly success- ful program in hopes of changing how Soldiers and Airmen are reinte- grated back to their communities. Called Beyond the Yellow Ribbon, the program is named as a reminder that the support of Soldiers cannot end when they return from deployment and the yellow ribbons are untied.

New York must look to this successful model as a way to continue our support of our heroes as they return from overseas deployments. Tens of thousands of New Yorkers have been deployed in combat and peacekeeping operations around the globe. After facing the rigors of combat, they face challenges as they reintegrate into their former lives.

This legislation establishes a national combat veteran reintegration program providing service members and their families with information, services, and opportunities throughout the deployment cycle. It will also, ensure that service members and their receive the proper screen- ing, support and services for post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI).

Prior legislative history

New bill.

Fiscal implications

Five hundred thousand ($500,000) dollars for the establishment of the Office of reintegration programs within the Divi- sion of, Military and Naval Affairs. By creating this office, as has been demonstrated in other States such as Minnesota, New York State will begin to see significant savings as more service members and their fami- lies obtain aide with benefits, education, job placement, mental health, and reductions in homelessness, unemployment, and other negative behav- iors currently associated with a lack of post-deployment support services.

Effective date

This act would take effect on January 1, 2011.