Requires legislative approval for the closure of certain office of mental health, office of people with developmental disabilities or office of children and family services facilities and institutions

Section two - The mental hygiene law is amended by adding a new section 13.18 "Closure of facilities", which restates the amendments above.

Section three - In the event that the office of children and family services determines a need for significant service reductions, public employee staffing reductions and/or the transfer of operations to a private or not-for-profit entity, the commissioner must submit a full report to the legislature at least a year prior to the date the office children and family services is seeking closure of any secure or limited secure facility. The legislature may require additional information or data that deems necessary in the report. If the proposed closure is not justified, the closure shall not occur until approved by a majority vote.

Section four - States that if any clause, sentence, paragraph, section or part of this act shall be adjudged by any court to be invalid, such judgment shall not affect the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section five - Lists the effective date.

Justification

It has been brought to the state legislature's attention that numerous offices of mental health, offices of people with developmental disabilities, and offices of children and family services, have been closing statewide. In order to deem theses closures necessary, the state legislature will be requiring the commissioner to submit a full report as to why any changes shall be made. It will be under the legislatures jurisdiction as to whether or not there is sufficient evidence to prove the need for closures of any facility/institution, the need for any significant service reductions, public employee staffing reductions/and or the transfer of operations to a private or not-for-profit entity.

According to the Treatment Advocacy Center, in New York State for every 100,000 citizens, psychiatric beds have decreased from 599.5 beds to approximately 27.5 (2005). Studies have shown that nearly 14,000 people with mental illnesses were incarcerated in 2012 and that this is largely due to the limited spaces available to individuals with illnesses, by the Office of Mental Health (Mental Illness Policy Org.). Steven Croll, the director of NYSARC states, "Programs and supports have been discontinued before alternative options have been developed," when referring to the closing of developmental disability centers in Broome County, New York. By limiting the number of facilities available to the mentally ill, disabled, and young, we are creating homelessness and transferring the ill to the criminal justice system, rather than treating them. By requiring a commissioner to submit a full report based on circumstantial data, the legislature will be able to decide if the closing of facilities will be justified or not.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall 10 have become a law.