Creates "Robin's law"; relates to mental health and chemical dependence outpatient treatment of sex offenders

1 Co-sponsor

• Jack M. Martins

Title of bill

An act to create "Robin's law"; and to amend the mental hygiene law, in relation to mental health and chemical dependence outpatient treatment of sex offenders

Purpose

To require the development of guidelines for the outpatient mental health and chemical dependence treatment of sex offenders in group settings.

Summary of provisions

Section 2 the bill adds a new section 7.47 to the mental hygiene law to require that the Office of Mental Health develop guidelines and procedures regarding the treatment of sex offenders (as defined) and detained sex offenders (as defined) in outpatient group settings. Such guidelines and procedures shall outline best practices to ensure a protected, safe and clinically sound treatment environment for all patients and shall, to the greatest extent possible, be based on evidence-based clinical treatment standards regarding the segregation of sex offenders from the general patient population. In developing such guidelines and procedures, the commissioner shall consult with a panel of stakeholders who shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups. Such panel shall consist of nine members, of whom: five shall be appointed by the Governor, two by the Temporary President of the Senate, and two by the Speaker of the Assembly.

Section 3 adds a new section 19.45 to the mental hygiene law to apply the same provisions contained in section 1 of the bill to the Office of Alcoholism and Substance Abuse Services.

Section 4 provides 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 legislation would have the Office of Mental Health and the Office of Alcoholism and Substance Abuse Services develop guidelines and procedures regarding the segregation of sex offenders from the general patient population in order to ensure a protected, safe and clinically sound treatment environment for all patients.

Legislative history

2013-2014: Died in Finance

Fiscal implications

None.

Effective date

This act shall take effect immediately.