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

BILL NUMBER:S891

Title of bill

An act to amend the mental hygiene law, in relation to averting retraumatization of victims of sexual offenses in a behavioral health outpatient setting

Purpose

This bill would have the Office of Mental Health, and the Office of Alcoholism and Substance Abuse consult with stakeholders in the development 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, § 7.45, as follows:

§ 7.45 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 retraumatization 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 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 19.43, as follows:

§ 19.43 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 retraumatization 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 stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 3. of the bill 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 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 has the Office of Mental Health and Office of Alcoholism and Substance Abuse Services develop guidelines regarding victims of sexual offenses from retraumatiration during their time in a behavior health outpatient setting.

Legislative history

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.