What's happening
This bill grants recipients of mental health or developmental disability services the right to legal counsel during certain investigations, and requires prior notice to guardians before interviews.
Why it matters
Empowers vulnerable individuals. By ensuring the right to legal counsel during investigations, the bill helps protect individuals with mental health or developmental disabilities from potential coercion, intimidation, or misunderstanding during official inquiries.
Strengthens oversight and transparency. Requiring prior notification to guardians before interviews increases accountability for agencies conducting investigations, making it more difficult to conduct interviews without family or guardian awareness.
Reduces risk of rights violations. Access to legal representation and guardian notification can help ensure that individuals' rights are respected throughout investigative processes, potentially decreasing instances of improper or unfair treatment.
Impacts families and caregivers. The advance notice provision gives families and legal guardians a chance to support and prepare the individual, potentially reducing anxiety and confusion around investigative procedures.
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Who cares
Headline styles
Guarantee Legal Aid in Investigations
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- 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.
Guarantee Legal Aid for Patients
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8768
IN SENATE
May 15, 2018
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, in relation to the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain investigations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 25 of section 553 of the executive law is amended by adding two new paragraphs (c) and (d) to read as follows:
(c) Any person who is the recipient of services through the office of mental health or the office for people with developmental disabilities operated or licensed agency or facility, and is interviewed as part of an investigation conducted by or on the part of the justice center for the protection of people with special needs, shall have the right to be represented by the mental hygiene legal service, or privately financed counsel, at all stages of the proceedings.
(d) Prior to any interview of a person as described in paragraph (c) of this subdivision, notice must be given to the parent, person in parental relation, or legal guardian of that person, if any, that an interview is to be conducted.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02528-01-7
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 the right to counsel for persons who receive services through the office of mental health or the office for people with developmental disabilities for certain inves- tigations
Purpose
This bill adds paragraphs (c) and (d) to subdivision 25 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 facil- ities, 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 substan- tial 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: A3866 passed Assembly 2014: A10064 reported to Rules/57671A referred to Mental Health
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.