Directs the commissioner of mental health to promulgate regulations requiring the segregation of sex offender patients from those who are not sex offenders

4 Co-sponsors

• Jeffrey D. Klein
• Roy J. McDonald
• Catharine Young
• Lee M. Zeldin

BILL NUMBER:S3262C

Title of bill

An act to amend the mental hygiene law, in relation to directing the commissioner of mental health to promulgate regulations providing for the segregation of sex offender patients from other patients

Purpose

This bill would require providers of non-emergency, clinical outpatient treatment to patients on a continuing basis to determine whether they are sex offenders.

Summary of provisions

Section 1 of the bill adds new section 33.27 to the Mental Hygiene law to require that the commissioner of Mental Health promulgate regulations proscribing, to the greatest extent practicable, the provision of care and treatment of sex offenders (as defined in the Correction law) and detained sex o/fenders (as defined in the Mental Hygiene law) by facilities and programs licensed or operated by the department concurrently and in the same group of two or more individuals as patients or clients who are not sex offenders or detained sex offenders. Such regulations shall address aspects including, but not limited to: the types of facilities and programs subject to relevant provisions; protocols for determining whether a client or patient is a sex offender, and circumstances under which such Protocols shall and shall not be implemented; and efforts which such programs and facilities must undertake to avoid such proscribed treatment and care.

Section 2 of the bill is 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 or alcohol court. However, it has come to the sponsor's attention that there is the potential for, and actual cases of, victims of sexual abuse being placed in the same alcohol and substance abuse therapy 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 establishes common sense protection mechanisms that require therapy providers to determine whether any patient that will participate in a group therapy session is a

registered sex offender and if so, make reasonable efforts for that person to attend a segregated session.

Legislative history

S.6622A/A.10255A of 2009-10

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after becoming law.