What's happening
This bill excludes certain psychiatric centers that employ security hospital treatment assistants from the definition of "mental hygiene facility" in New York law.
Why it matters
Narrows oversight and regulatory reach. By excluding certain psychiatric centers that employ security hospital treatment assistants from the definition of "mental hygiene facility," the bill potentially removes these centers from some state oversight, standards, and reporting requirements that apply to other mental health institutions.
Impacts patient and worker protections. The change may affect the application of specific patient rights, abuse prevention regulations, and staff accountability measures, since these often hinge on whether a facility is officially categorized as a "mental hygiene facility" under the law.
Reflects distinct operational roles. The amendment recognizes that psychiatric centers employing security hospital treatment assistants (who perform custodial/security functions) operate differently from traditional mental health facilities, possibly justifying different regulatory frameworks.
Could influence service delivery and legal liability. Facilities no longer defined as "mental hygiene facilities" might face changes in their legal obligations, liability exposure, and interactions with the justice and health systems, which could have broad implications for both residents and employees.
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Who cares
Headline styles
Redefine Mental Hygiene Facilities
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
2 Co-sponsors
History
- Referred to mental health and developmental disabilities
- Reported and committed to rules
- Referred to mental health and developmental disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6468
2017-2018 Regular Sessions
IN SENATE
May 23, 2017
Introduced by Sen. ORTT -- 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 and the social services law, in relation to mental hygiene facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 550 of the executive law, as amended by section 3 of part MM of chapter 58 of the laws of 2015, is amended to read as follows:
2. "Mental hygiene facility" shall mean a facility as defined in subdivision six of section 1.03 of the mental hygiene law and facilities for the operation of which an operating certificate is required pursuant to article sixteen or thirty-one of the mental hygiene law and including family care homes. "Mental hygiene facility" also means a secure treatment facility as defined by article ten of the mental hygiene law. This term shall not include any psychiatric center as set forth in subdivision (b) of section 7.17 of the mental hygiene law which employs security hospital treatment assistants nor services defined in [subparagraph] paragraph four of subdivision (a) of section 16.03 of the mental hygiene law.
§ 2. Paragraph (a) of subdivision 4 of section 488 of the social services law, as amended by section 2 of part MM of chapter 58 of the laws of 2015, is amended to read as follows:
(a) a facility or program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people with developmental disabilities or the office of alcoholism and substance abuse services, including but not limited to psychiatric centers, inpatient psychiatric units of a general hospital, developmental centers, intermediate care facilities, community residences, group homes and family care homes, provided, however, that such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11857-01-7
S. 6468 2
term shall not include any psychiatric center as set forth in section 7.17 of the mental hygiene law which employs security hospital treatment assistants, a secure treatment facility as defined in section 10.03 of the mental hygiene law, services defined in [subparagraph] paragraph four of subdivision (a) of section 16.03 of the mental hygiene law, or services provided in programs or facilities that are operated by the office of mental health and located in state correctional facilities under the jurisdiction of the department of corrections and community supervision;
§ 3. This act shall take effect immediately.
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 and the social services law, in relation to mental hygiene facilities
PURPOSE
This legislation would remove the jurisdiction of the Justice Center in psychiatric centers as enumerated in Section 7.17 of the mental hygiene law which employ security hospital treatment assistants.
Summary of provisions
Section 1 amends Section 550 of the Executive Law to remove the jurisdiction of the Justice Center in psychiatric centers as enumerated in Section 7.17 of the mental hygiene law which employ security hospital treatment assistants.
Section 2 amends Section 488 of the Social Services law to remove the jurisdiction of the Justice Center in psychiatric centers as enumerated in Section 7.17 of the mental hygiene law which employ security hospital treatment assistants.
Section 3 is the effective date.
Justification
This legislation that would remove the state's 4 forensic psychiatric centers from the Justice Center's oversight. Currently these facilities are subject to oversight from several entities within each facility including Labor Relations; Risk Management Office; and H/R. In addition, OMH has its own Office of Investigation dedicated to investigating incidents within these facilities. As a result of this numerous levels of oversight there is absolutely no need for the Justice Center to oversee the employees of these 4 forensic units.
The forensic facilities should have been excluded from the original Justice Center enactment considering that the vast majority of individuals housed in these facilities are sentenced inmates, by removing the forensic facilities from the Justice Center's purview, it would allow the Justice Center to spend more time on cases that require its attention.
Legislative history
New Bill.
Fiscal implications
None.
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.