Requires service providers for the mentally ill or developmentally disabled to provide written notice to police of any violent residents in community residences

BILL NUMBER:S5871

Title of bill

An act to amend the mental hygiene law, in relation to requiring the service providers to provide notice to local law enforcement agencies of the presence of violent mentally disabled residents in community residences and supportive living facilities

Purpose of bill

Requires service providers for the mentally ill or developmentally disabled to provide written notice to police of any violent residents in community residences.

Summary of provisions of bill

Section 1 adds a new section 31.37 to the mental hygiene law requiring that providers of community services or not-for-profit community organizations which operate community residences, or place persons with a mental illness or developmental disability in supportive living arrangements in residential apartment buildings containing 15 or more units, to provide written notice to local law enforcement agencies of the placement therein of any resident who has been certified by a mental health professional as either likely to cause physical harm to other persons or likely to cause harm to others if he or she ceases to undergo necessary treatments or therapies. Such notice shall be provided upon the admittance to the community residence or supportive living facility of an eligible resident, and annually before November 1st of each year thereafter.

The Office of Mental Health and the Office for People with Developmental Disabilities shall jointly promulgate and enforce any necessary rules and regulations to implement these provisions.

Section 2 provides an effective date of 180 days.

Effects of present law which this bill would alter

Under current law, there is no requirement that community services providers share information about their residents with local law enforcement agencies, even in cases where the resident could pose a danger to him or herself or others. Local law enforcement agencies are only afforded notice of a dangerous or potentially dangerous individual moving into a community residence or supportive living residence if that person is required to report his or her address for some other reason, such as compliance with the state sex offender registry or the state central register of child abuse and maltreatment cases.

Justification

Within recent years in New York State, individuals who suffer from mental illness and are prone to violence are placed into supportive housing with no notification to local law enforcement. This leaves local law enforcement without the best possible information as they carry out their duties to protect our communities and those individuals with severe mental illnesses prone to violence. Incidences of law enforcement arriving to a scene to deal with a

mentally ill individual who has a history of violence has often ended in tragedy. This legislation will help to avoid such incidences. This bill would require service providers and/or not-for-profit community residences to provide written notification to local law enforcement agencies of the placement of these individuals within their communities. Allowing local law enforcement to protect the general well being of the public they are entrusted to protect as well as arming them with the necessary tools to deal with those who suffer from mental illness will allow all who live in a community the peace and safety they deserve.

Legislative history

New bill in 2011.

Fiscal implications for state and local governments

Minimal.

Effective date

180 days after it shall have become a law; provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.