Relates to ensuring the rights of an individual with a disability or a vulnerable adult during investigations conducted by the justice center

3 Co-sponsors

• Tony Avella
• Martin Malavé Dilan
• David J. Valesky

BILL NUMBER:S1124

Title of bill

An act to amend the executive law, in relation to ensuring the rights of an individual with a disability or a vulnerable adult during investigations conducted by the justice center

Purpose

This bill amends subdivision 28 of section 553 of the executive law, providing a right to counsel, either through mental hygiene legal service, or private financing, for individuals who are recipients of OMH or OPWDD services, and are interviewed as part of a Justice Center investigation. It also requires notice to the parent, person in parental relation or legal guardian, if any, of the person to be interviewed.

Summary of provisions

Section 1 of the bill provides that individuals who are the recipients of services through OMH or OPWDD licensed or operated services or facilities, have a right to counsel when interviewed by, or on behalf of, the justice center for the protection of people with special needs. It also provides for notice to the parent, person in parental relation or legal guardian, if any of the person to be interviewed, prior to the interview being conducted.

Section 2 is the effective date

Justification

In pursuit of its mission, the Justice Center has been provided substantial law enforcement and investigatory power. Recognizing that numerous investigations involve people who are the recipients of services, many of whom are vulnerable or underage and therefore may the lack capacity to protect their own rights, it is imperative that measures be taken to protect their legal rights in the investigation process.

Legislative history

Same as S7671-A of 2014

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.