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S2695Senate2009-2010 SessionSame asA3919

Requires the office of mental health to hold public hearings prior to opening any sexually violent predator facilities

Sponsor Darrel J. AubertineSD-48+9 co-sponsors
Status
In Senate Committee
Mental Health And Developmental Disabilities
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Mental Health And Developmental Disabilities

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History

  1. Referred to mental health and developmental disabilities
  2. Referred to mental health and developmental disabilities

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3919Assembly

Requires the office of mental health to hold public hearings prior to opening any sexually violent predator facilities

In Assembly Committee · Mental Health · Sponsor David Koon

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the mental hygiene law, in relation to establishing new sexually violent predator facilities

Purpose or general idea of bill

Requires the Office of Mental Health to hold public hearings prior to opening any sexually violent predator facilities.

Summary of specific provisions

Prior to opening any sexually violent predator (SVP) facility, the office shall be required to hold a minimum of two public hearings. The place, date and time of each meeting shall be clearly and conspicuously posted to provide adequate notice to all local residents. Such notice shall be posted at least thirty days prior to such meeting. Each meeting shall have at least a portion of such meeting open to the public for general comment. The office shall not make a determination as to the viability of the establishment of a sexually violent predator facility until after all public meetings have been held. The office must state, in writing, with particularity, the reasons for authorizing the establishment of a facility. The office must also post the information on the office's website. No SVP facility may be established within a one-mile radius of any school, day care, public park, or similar establishment. No SVP facility may be established within thirty miles of an existing SVP facility.

Justification

The Office of Mental Health (OMH) makes the determination and location placement of facilities to house sexually violent predators. This legislation will enable the residents of the chosen geographic location a voice in a public hearing forum prior to any decision made by OMH. This legislation would also avoid the saturation of a particular community from too many SVP facilities and would also avoid the placement of an SVP facility too close to a school, day care, or similar establishment. In the past, the Office of Mental Health has not organized an open forum to residents of a chosen community. This legislation would allow these residents a voice prior to a decision made by OMH.

Prior legislative history

2005-06: A.11640A, Passed Assembly 6/22/06 2008: S.7090

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.