What's happening
This bill ensures that vulnerable persons have the right to legal representation and that their representatives are notified during Justice Center investigations.
Why it matters
Strengthens legal protections for vulnerable persons. by explicitly guaranteeing their right to have legal representation—either from the Mental Hygiene Legal Service or private counsel—at every stage of Justice Center investigations, helping ensure their voices are heard and their rights are safeguarded.
Removes previous restrictions on notifying representatives. , mandating that personal representatives must always be informed when a vulnerable person is to be interviewed, rather than leaving notification to the discretion of investigators. This increases transparency and accountability during investigations.
Empowers personal representatives to actively participate. by ensuring they have the opportunity to provide information that may protect the individual, potentially improving the quality and fairness of investigations involving vulnerable adults or those with disabilities.
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Who cares
Headline styles
Protect Rights for Disabled
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Reported and committed to finance
- Referred to mental health and developmental disabilities
- Reported and committed to finance
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Rights During Investigations
In Assembly Committee · Mental Health · Sponsor Albert A. Stirpe
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1076
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sens. CARLUCCI, AVELLA, DILAN, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 28 of section 553 of the executive law, as added by chapter 394 of the laws of 2014, is amended to read as follows:
(i) For those vulnerable persons subject to an interview, the justice center shall develop appropriate procedures and protocols to ensure that any interview is conducted safely and in a timely fashion in light of relevant clinical, behavioral and other facts relating to the individual's disability, safety and wellbeing. Such protocols and procedures shall also recognize the right of a vulnerable person to be represented by the mental hygiene legal service, or privately financed counsel, at all stages of the proceedings, and any ability the vulnerable person may have to advocate on his or her own behalf by providing information to facilitate an investigation to enhance his or her own safety and wellbeing and the safety and wellbeing of others.
§ 2. Subparagraph (iii) of paragraph (b) of subdivision 28 of section 553 of the executive law, as added by chapter 394 of the laws of 2014, is amended to read as follows:
(iii) Appropriate notification[, when at all advisable given the nature of an investigation] shall be given to a personal representative that a vulnerable person shall be questioned or subject to an interview and to enable such personal representative to provide any information which they believe is necessary to protect the individual;
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01800-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S1124 - Finance Same as S7671-A of 2014
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.