NY-MHY Mental Hygiene Law NY

Short title.

This chapter shall be known and may be cited as the "Mental Hygiene

Law".

Definitions.

When used in this chapter, unless otherwise expressly stated or unless

the context otherwise requires:

1. "Department" means the department of mental hygiene of the state of

New York. Except as used in article five of this chapter, the term

"department" shall hereafter refer to an office of the department

created by section 5.01 of this chapter.

2. "Commissioner" means the commissioner of mental health, the

commissioner of developmental disabilities and the commissioner of

addiction services and supports as used in this chapter. Any power or

duty heretofore assigned to the commissioner of mental hygiene or to the

department of mental hygiene pursuant to this chapter shall hereafter be

assigned to the commissioner of mental health in the case of facilities,

programs, or services for individuals with mental illness, to the

commissioner of developmental disabilities in the case of facilities,

programs, or services for individuals with developmental disabilities,

to the commissioner of addiction services and supports in the case of

facilities, programs, or addiction disorder services in accordance with

the provisions of titles D and E of this chapter.

2-a. Notwithstanding any other section of law or regulation, on and

after the effective date of this subdivision, any and all references to

the office of alcoholism and substance abuse services and the

predecessor agencies to the office of alcoholism and substance abuse

services including the division of alcoholism and alcohol abuse and the

division of substance abuse services, shall be known as the "office of

addiction services and supports." Nothing in this subdivision shall be

construed as requiring or prohibiting the further amendment of statutes

or regulations to conform to the provisions of this subdivision.

3. "Mental disability" means mental illness, intellectual disability,

developmental disability, or an addictive disorder as defined in this

section.

4. "Services for persons with a mental disability" means examination,

diagnosis, care, treatment, rehabilitation, supports, habilitation or

training or as may be more specifically defined in this section.

5. "Provider of services" means an individual, association,

corporation, partnership, limited liability company, or public or

private agency, other than an agency or department of the state, which

provides services for persons with a mental disability. It shall not

include any part of a hospital as defined in article twenty-eight of the

public health law which is not being operated for the purpose of

providing services for the mentally disabled. No provider of services

shall be subject to the regulation or control of the department or one

of its offices except as such regulation or control is provided for by

other provisions of this chapter.

6. "Facility" means any place in which services for the mentally

disabled are provided and includes but is not limited to a psychiatric

center, developmental center, institute, clinic, ward, institution, or

building, except that in the case of a hospital as defined in article

twenty-eight of the public health law it shall mean only a ward, wing,

unit, or part thereof which is operated for the purpose of providing

services for the mentally disabled. It shall not include a place where

the services rendered consist solely of non-residential services for the

mentally disabled which are exempt from the requirement for an operating

certificate under article sixteen, thirty-one or thirty-two of this

chapter, nor shall it include domestic care and comfort to a person in

the home.

7. "Department facility" means a facility within one of the offices of

the department.

8. "Examining physician" means a physician licensed to practice

medicine in the state of New York.

9. "Certified psychologist" means a person who has been certified and

registered to practice psychology in the state of New York pursuant to

the education law.

* 10. "Hospital" means the in-patient services of a psychiatric center

under the jurisdiction of the office of mental health or other

psychiatric in-patient facility in the department, a psychiatric

in-patient facility maintained by a political subdivision of the state

for the care or treatment of the mentally ill, a ward, wing, unit, or

other part of a hospital, as defined in article twenty-eight of the

public health law, operated as a part of such hospital for the purpose

of providing services for the mentally ill pursuant to an operating

certificate issued by the commissioner of mental health, a comprehensive

psychiatric emergency program which has been issued an operating

certificate by such commissioner, or other facility providing in-patient

care or treatment of the mentally ill which has been issued an operating

certificate by such commissioner.

* NB Effective until July 1, 2027

* 10. "Hospital" means the in-patient services of a psychiatric center

under the jurisdiction of the office of mental health or other

psychiatric in-patient facility in the department, a psychiatric

in-patient facility maintained by a political subdivision of the state

for the care or treatment of the mentally ill, a ward, wing, unit, or

other part of a hospital, as defined in article twenty-eight of the

public health law, operated as a part of such hospital for the purpose

of providing services for the mentally ill pursuant to an operating

certificate issued by the commissioner of mental health, or other

facility providing in-patient care or treatment of the mentally ill

which has been issued an operating certificate by such commissioner.

* NB Effective July 1, 2027

11. "School" means the in-patient service of a developmental center or

other residential facility for individuals with developmental

disabilities under the jurisdiction of the office for people with

developmental disabilities or a facility for the residential care,

treatment, training, or education of individuals with developmental

disabilities which has been issued an operating certificate by the

commissioner of developmental disabilities.

12. "Addictive disorder" or "addiction disorder" for purposes of this

chapter means substance use disorder or gambling disorder as such terms

are defined in this section and derived from the most recent edition of

the diagnostic and statistical manual of mental disorders (DSM),

published by the American Psychiatric Association.

17. "Addiction treatment facility" or "Alcoholism facility" means an

in-patient, residential or outpatient facility in the department

suitable for the provision of addiction disorder services to persons

suffering from an addictive disorder and which has been issued an

operating certificate pursuant to article thirty-two of this chapter.

19. "Significant other" means a relative, close friend, associate or

individual otherwise concerned with the welfare of a person suffering

from an addictive disorder when that individual is directly affected by

the person's addictive disorder.

20. "Mental illness" means an affliction with a mental disease or

mental condition which is manifested by a disorder or disturbance in

behavior, feeling, thinking, or judgment to such an extent that the

person afflicted requires care, treatment and rehabilitation.

22. "Developmental disability" means a disability of a person which:

(a) (1) is attributable to intellectual disability, cerebral palsy,

epilepsy, neurological impairment, familial dysautonomia, Prader-Willi

syndrome or autism;

(2) is attributable to any other condition of a person found to be

closely related to intellectual disability because such condition

results in similar impairment of general intellectual functioning or

adaptive behavior to that of intellectually disabled persons or requires

treatment and services similar to those required for such person; or

(3) is attributable to dyslexia resulting from a disability described

in subparagraph one or two of this paragraph;

(b) originates before such person attains age twenty-two;

(c) has continued or can be expected to continue indefinitely; and

(d) constitutes a substantial handicap to such person's ability to

function normally in society.

23. "Patient" means a person receiving services for the mentally

disabled at a facility. It includes a resident at a school.

24. "Informal caregiver" means the family member, friends, neighbors,

or other natural person who normally provides the daily care or

supervision of a mentally disabled person. Such informal caregiver may,

but need not reside in the same household as the mentally disabled

person.

26. "Infant" or "minor" means a person who has not attained the age of

eighteen years.

27. "Aftercare services" means services for persons no longer

receiving in-patient services for the mentally disabled and may include,

but shall not be limited to, medical care, including psychiatric care,

and vocational and social rehabilitation.

28. "Community residence" means any facility operated by or subject to

licensure by the office of mental health or the office for people with

developmental disabilities which provides a supervised residence or

residential respite services for individuals with mental disabilities

and a homelike environment and room, board and responsible supervision

for the habilitation or rehabilitation of individuals with mental

disabilities as part of an overall service delivery system. A community

residence shall include an intermediate care facility with fourteen or

fewer residents that has been approved pursuant to law, and a community

residential facility as that term is used in section 41.36 of this

chapter. Such term does not include family care homes.

28-a. "Supervised living facility" means a community residence

providing responsible supervisory staff on-site twenty-four hours per

day for the purpose of enabling residents to live as independently as

possible.

28-b. "Supportive living facility" means a community residence

providing practice in independent living under supervision but not

providing staff on-site on a twenty-four hour per day basis.

30. "Conditional release" means release subject to the right of the

school, hospital, or alcoholism facility to return the patient to

in-patient care pursuant to the conditions set forth in section 29.15 of

this chapter.

31. "Discharge" means release and the termination of any right to

retain or treat the patient on an in-patient basis. The discharge of

such a patient shall not preclude the patient from receiving necessary

services on other than an in-patient basis nor shall it preclude

subsequent readmission as an in-patient if made in accordance with

article nine, fifteen, or twenty-two of this chapter.

32. "Conference" means the New York state conference of local mental

hygiene directors as established pursuant to section 41.10 of this

chapter.

33. "Residential treatment facility for children and youth" shall mean

an inpatient psychiatric facility which provides active treatment under

the direction of a physician for individuals who are under twenty-one

years of age, provided that a person who, during the course of

treatment, attains the age of twenty-one may continue to receive

services in a residential treatment facility for children and youth

until he or she reaches the age of twenty-two. The term "residential

treatment facility for children and youth" does not apply to the

children's psychiatric centers described in section 7.17 of this chapter

or to facilities specifically licensed by the office of mental health as

children's hospitals. Residential treatment facilities for children and

youth are a sub-class of the class of facilities defined to be

"hospitals" in subdivision ten of this section.

34. "Authorized agency" shall have the meaning defined in section

three hundred seventy-one of the social services law.

35. "Social services official" shall have the meaning defined in

section two of the social services law.

36. "Residential care center for adults" means a facility which

provides long term residential care and support services to mentally ill

adults, provides case management and medication management services, and

assists residents in securing clinical, vocational and social services

necessary to enable the resident to continue to live in the community.

No residential care center for adults established after September first,

nineteen hundred eighty-six shall have more than one hundred fifty

residents. A residential care center for adults is not an adult care

facility subject to licensure by the department of social services, nor

is it an inpatient treatment facility.

* 37. "Comprehensive psychiatric emergency program" means a program

which is licensed by the office of mental health to provide a full range

of psychiatric emergency services within a defined geographic area to

persons who are believed to be mentally ill and in need of such

services, and which shall include crisis intervention services, crisis

outreach services, crisis residence services, extended observation beds,

and triage and referral services, as such terms are defined in section

31.27 of this chapter.

* NB Repealed July 1, 2027

38. "Residential services facility" or "Alcoholism community

residence" means any facility licensed or operated pursuant to article

thirty-two of this chapter which provides residential services for the

treatment of an addiction disorder and a homelike environment, including

room, board and responsible supervision as part of an overall service

delivery system. Provided however, "certified recovery residence" as

defined in subdivision fifty-nine of this section shall not be

considered a residential services facility for the purposes of this

chapter.

* 39. "Substance" shall mean:

(i) any controlled substance listed in section thirty-three hundred

six of the public health law;

(ii) any substance listed in section thirty-three hundred eighty of

the public health law;

(iii) any substance, except alcohol and tobacco, as listed in the

published rules of the office which has been certified to the

commissioner by the commissioner of health as having the capability of

causing physical and/or psychological dependence. Notice of a proposed

rule listing any such substance shall be given to the speaker of the

assembly and the temporary president of the senate. The commissioner

shall consider the advice and recommendations of the legislature and

shall hold a public hearing prior to listing any substance in its

published rules.

* NB There are 2 sub 39's

* 39. "Employee assistance program" means a confidential program

designed to assist employees and their families, through identification,

motivation referral, and follow-up, with problems that may interfere

with the employees' ability to perform on the job effectively,

efficiently and safely. Such problems include addictive disorders,

emotional, marital, family, and other personal problems.

* NB There are 2 sub 39's

42. "Substance use disorder program" or "Substance abuse program"

shall mean any public or private person, corporation, partnership,

agency, either profit or non-profit, or state or municipal government

which provides substance use disorder services, in either a residential

or ambulatory setting, to persons in need of services for the prevention

of, or treatment and recovery from a substance use disorder. Any person

or entity providing such services as a minor part of a general health or

counseling unit subject to regulations promulgated by the commissioner

and other appropriate agencies shall not be considered a substance use

disorder program.

46. "Record" of a patient or client shall consist of admission,

transfer or retention papers and orders, and accompanying data required

by this article and the regulations of the commissioner.

47. "Director of community services" shall mean the director of

community services for the mentally disabled appointed pursuant to this

chapter.

48. "Practitioner" shall mean a physician, dentist, podiatrist,

veterinarian, scientific investigator, or other person licensed, or

otherwise permitted to dispense, administer or conduct research with

respect to a controlled substance in the course of a licensed

professional practice or research licensed pursuant to this article.

Such person shall be deemed a "practitioner" only as to such substances,

or conduct relating to such substances, as is permitted by his license,

permit or otherwise permitted by law.

49. "Prescription" shall mean an official New York state prescription,

a written prescription or an oral prescription.

50. "Controlled substance" shall mean the definition of "controlled

substance" as contained in section thirty-three hundred two of the

public health law.

52. "Persons with serious mental illness" means individuals who meet

criteria established by the commissioner of mental health, which shall

include persons who are in psychiatric crisis, or persons who have a

designated diagnosis of mental illness under the most recent edition of

the Diagnostic and Statistical Manual of Mental Disorders and whose

severity and duration of mental illness results in substantial

functional disability. Persons with serious mental illness shall include

children and adolescents with serious emotional disturbances.

53. "Children and adolescents with serious emotional disturbances"

means individuals under eighteen years of age who meet criteria

established by the commissioner of mental health, which shall include

children and adolescents who are in psychiatric crisis, or children and

adolescents who have a designated diagnosis of mental illness under the

most recent edition of the Diagnostic and Statistical Manual of Mental

Disorders and whose severity and duration of mental illness results in

substantial functional disability.

54. "Gambling disorder" means an addictive disorder, as defined by the

most recent edition of the diagnostic and statistical manual of mental

disorders (DSM), published by the American Psychiatric Association,

characterized by repeated problematic gambling behavior which causes

significant problems or distress. Unless otherwise provided, for the

purposes of this chapter, the term gambling disorder shall mean and

include compulsive gambling, pathological gambling or problem gambling.

55. "Addiction disorder services" or "addiction services" shall mean

engagement to treatment, examination, evaluation, diagnosis, care,

treatment, rehabilitation, relapse prevention and recovery maintenance,

and related education and training of persons suffering from or

recovering from an addictive disorder and their significant others.

Unless otherwise provided, for the purposes of this chapter, the term

addiction disorder services shall mean and include "chemical dependence

services," alcoholism and/or substance abuse services, substance use

disorder services, substance dependence, and gambling disorder services.

56. "Substance use disorder" means recurrent use of alcohol and/or

legal or illegal drugs causing clinical and functionally significant

impairment to the individual's physical and mental health, or the

welfare of others. Unless otherwise provided, for the purposes of this

chapter the term substance use disorder shall mean and include

alcoholism, alcohol abuse, drug abuse, substance abuse, substance

dependence, chemical abuse, and/or chemical dependence.

58. "Behavioral health services" means examination, diagnosis, care,

treatment, rehabilitation, or training for persons with mental illness,

or addictive disorders.

59. "Certified recovery residence" means a shared living environment

in the state that has been certified by the office of addiction services

and supports and utilizes connection to services to promote sustained

recovery from a substance use disorder.

Department of mental hygiene.

There shall continue to be in the state government a department of

mental hygiene. Within the department there shall be the following

autonomous offices:

(1) office of mental health;

(2) office for people with developmental disabilities;

(3) office of addiction services and supports.

Commissioners.

The head of the office of mental health shall be the commissioner of

mental health; the head of the office for people with developmental

disabilities shall be the commissioner of developmental disabilities;

and the head of the office of addiction services and supports shall be

the commissioner of addiction services and supports. Each commissioner

shall be appointed by the governor, by and with the advice and consent

of the senate, to serve at the pleasure of the governor.

Powers and duties of the head of the department.

(a) The commissioners of the office of mental health and the office

for people with developmental disabilities, as the heads of the

department, shall jointly visit and inspect, or cause to be visited and

inspected, all facilities either public or private used for the care,

treatment and rehabilitation of individuals with mental illness and

developmental disabilities in accordance with the requirements of

section four of article seventeen of the New York state constitution.

(b) (1) The commissioners of the office of mental health, the office

for people with developmental disabilities and the office of alcoholism

and substance abuse services shall constitute an inter-office

coordinating council which, consistent with the autonomy of each office

for matters within its jurisdiction, shall ensure that the state policy

for the prevention, care, treatment and rehabilitation of individuals

with mental illness and developmental disabilities, alcoholism, alcohol

abuse, substance abuse, substance dependence, and chemical dependence is

planned, developed and implemented comprehensively; that gaps in

services to individuals with multiple disabilities are eliminated and

that no person is denied treatment and services because he or she has

more than one disability; that procedures for the regulation of programs

which offer care and treatment for more than one class of persons with

mental disabilities be coordinated between the offices having

jurisdiction over such programs; and that research projects of the

institutes, as identified in section 7.17 or 13.17 of this chapter or as

operated by the office for people with developmental disabilities, are

coordinated to maximize the success and cost effectiveness of such

projects and to eliminate wasteful duplication.

(2) The inter-office coordinating council shall annually issue a

report on its activities to the legislature on or before December

thirty-first. Such annual report shall include, but not be limited to,

the following information: proper treatment models and programs for

persons with multiple disabilities and suggested improvements to such

models and programs; research projects of the institutes and their

coordination with each other; collaborations and joint initiatives

undertaken by the offices of the department; consolidation of

regulations of each of the offices of the department to reduce

regulatory inconsistencies between the offices; inter-office or office

activities related to workforce training and development; data on the

prevalence, availability of resources and service utilization by persons

with multiple disabilities; eligibility standards of each office of the

department affecting clients suffering from multiple disabilities, and

eligibility standards under which a client is determined to be an

office's primary responsibility; agreements or arrangements on

statewide, regional and local government levels addressing how

determinations over client responsibility are made and client

responsibility disputes are resolved; information on any specific cohort

of clients with multiple disabilities for which substantial barriers in

accessing or receiving appropriate care has been reported or is known to

the inter-office coordinating council or the offices of the department;

and coordination of planning, standards or services for persons with

multiple disabilities between the inter-office coordinating council, the

offices of the department and local governments in accordance with the

local planning requirements set forth in article forty-one of this

chapter.

(c) The commissioners shall meet from time to time with the New York

state conference of local mental hygiene directors to assure consistent

procedures in fulfilling the responsibilities required by this section

and by article forty-one of this chapter.

(d) 1. The commissioner of mental health shall evaluate the type and

level of care required by patients in the adult psychiatric centers

authorized by section 7.17 of this chapter and develop appropriate

comprehensive requirements for the staffing of inpatient wards. These

requirements should reflect measurable need for administrative and

direct care staff including physicians, nurses and other clinical staff,

direct and related support and other support staff, established on the

basis of sound clinical judgment. The staffing requirements shall

include but not be limited to the following: (i) the level of care based

on patient needs, including on ward activities, (ii) the number of

admissions, (iii) the geographic location of each facility, (iv) the

physical layout of the campus, and (v) the physical design of patient

care wards.

2. Such commissioner, in developing the requirements, shall provide

for adequate ward coverage on all shifts taking into account the number

of individuals expected to be off the ward due to sick leave, workers'

compensation, mandated training and all other off ward leaves.

3. The staffing requirements shall be designed to reflect the

legitimate needs of facilities so as to ensure full accreditation and

certification by appropriate regulatory bodies. The requirements shall

reflect appropriate industry standards. The staffing requirements shall

be fully measurable.

4. The commissioner of mental health shall submit an interim report to

the governor and the legislature on the development of the staffing

requirements on October first, nineteen hundred eighty-eight and again

on April first, nineteen hundred eighty-nine. The commissioner shall

submit a final report to the governor and the legislature no later than

October first, nineteen hundred eighty-nine and shall include in his

report a plan to achieve the staffing requirements and the length of

time necessary to meet these requirements.

(e) The commissioners of the office of mental health, office for

people with developmental disabilities, and the office of alcoholism and

substance abuse services shall cause to have all new contracts with

agencies and providers licensed by the offices to have a clause

requiring notice be provided to all current and new employees of such

agencies and providers stating that all instances of abuse shall be

investigated pursuant to this chapter, and, if an employee leaves

employment prior to the conclusion of a pending abuse investigation, the

investigation shall continue. Nothing in this section shall be deemed to

diminish the rights, privileges, or remedies of any employee under any

other law or regulation or under any collective bargaining agreement or

employment contract.

Behavioral health services advisory council.

(a) There is hereby created within the department a behavioral health

services advisory council, the purpose of which shall be to advise the

offices of mental health and addiction services and supports on matters

relating to the provision of behavioral health services; issues of joint

concern to the offices, including the integration of various behavioral

health services and the integration of behavioral health services with

health services; issues related to the delivery of behavioral health

services that are responsive to local, state and federal concerns; and

issues related to treatment disparities and treatment equity, as defined

in section 19.45 of this chapter. The council shall consist of the

commissioners of mental health and of addiction services and supports,

who shall not have the right to vote, the chair of the conference of

local mental hygiene directors or his or her designee, and thirty-two

members appointed by the governor, upon the advice and consent of the

senate. Members shall be appointed only if they have professional

knowledge in the care of persons receiving behavioral health services,

or an active interest in the behavioral health services system.

(b) The governor shall designate one of the members of the council as

chair. At least one-half of the members of the council shall not be

providers of behavioral health services. Membership shall reflect a

balanced representation of persons with interests in mental health and

substance use disorder services and shall include:

(1) at least five current or former consumers of behavioral health

services;

(2) at least three individuals who are parents or relatives of current

or former consumers of behavioral health services;

(3) at least three members who are not providers of behavioral health

services and who represent non-governmental organizations, such as

not-for-profit entities representing health or behavioral health care

employees, private payors of behavioral health services, or other

organizations concerned with the provision of behavioral health

services;

(4) at least five representatives of providers of services to persons

with mental illness and at least five representatives of providers of

services to persons with substance use disorders, at least two of whom

shall be physicians and at least one of whom shall have provided

services to veterans who served in a combat theater or combat zone of

operations;

(5) one member appointed on the recommendation of the state

commissioner of the department of veterans' services and one member

appointed on the recommendation of the adjutant general of the division

of military and naval affairs, at least one of whom shall be a current

or former consumer of mental health services or substance use disorder

services who is a veteran who has served in a combat theater or combat

zone of operations and is a member of a veterans organization;

(6) at least three representatives of local governments or other state

and local agencies concerned with the provision of behavioral health

services;

(7) at least two members who are also members of the public health and

health planning council pursuant to section two hundred twenty of the

public health law; and

(8) at least four members that have expertise in issues facing

vulnerable populations, as defined in section 19.45 of this chapter, who

are receiving or seeking to receive substance use disorder services. Of

such members, one member shall be appointed by the governor at the

recommendation of the temporary president of the senate, one member

shall be appointed by the governor at the recommendation of the minority

leader of the senate, one member shall be appointed by the governor at

the recommendation of the speaker of the assembly and one member shall

be appointed by the governor at the recommendation of the minority

leader of the assembly.

(c) Members shall be appointed for terms of three years provided,

however, that of the members first appointed, one-third shall be

appointed for one year terms and one-third shall be appointed for two

year terms. Vacancies shall be filled in the same manner as original

appointments for the remainder of any unexpired term. No person shall be

an appointed member of the council for more than six years in any period

of twelve consecutive years.

(d) The council shall meet at least four times in each full calendar

year. The council shall meet at the request of its chair or either

commissioner.

(e) The council shall establish such committees as it deems necessary

to address the service needs of special populations and to address

particular subjects of importance in the development and management of

behavioral health services. Provided however, the council shall

establish a committee to specifically focus on substance use disorder

treatment disparities that may exist for vulnerable populations, as

defined in section 19.45 of this chapter.

(f) The council may consider any matter relating to the improvement of

behavioral health services in the state and shall advise the

commissioners on any such matter, including, but not limited to:

(1) care and services to persons with behavioral health disorders,

including special and underserved populations as determined by the

commissioner;

(2) financing behavioral health services;

(3) integration of behavioral health services with health services;

(4) care and services for persons with co-occurring disorders or

multiple disabilities;

(5) prevention of behavioral health disorders;

(6) improvement of care in state operated or community based programs,

recruitment, education and training of qualified direct care personnel,

and protection of the interests of employees affected by adjustments in

the behavioral health service system; and

(7) ways to achieve treatment equity, as defined in section 19.45 of

this chapter.

(g) The council shall, in cooperation with the commissioners,

establish statewide goals and objectives for services to persons with

behavioral health disorders, pursuant to section 5.07 of this article.

(h) (1) The council shall review the portion of the statewide plan to

be developed and updated annually by the commissioners pursuant to

section 5.07 of this article, and report its recommendations thereon to

the commissioners.

(2) The council shall review any mental health or substance use

component of statewide health plans developed in accordance with any

applicable federal law, and shall report its recommendations thereon to

the commissioners.

(i) The council shall review applications filed in accordance with:

(1) section 31.22 of this chapter for approval of incorporation or

establishment of a facility, and section 31.23 of this chapter for

approval of the construction of a facility for which approval from the

commissioner of mental health is required; and

(2) section 32.29 or 32.31 of this chapter for approval of

incorporation or establishment or construction of a facility for which

approval to operate is required from the commissioner of alcoholism and

substance abuse services pursuant to article thirty-two of this chapter,

and as otherwise requested by such commissioner;

(j) The council shall be notified of, and may review at its

discretion, any closure of a hospital or ward thereof operated by the

office of mental health or office of alcoholism and substance abuse

services, and may issue recommendations pertaining to issues including

community reinvestment and continuity of care. All such recommendations

shall be provided to the relevant commissioner or commissioners, the

temporary president of the senate and the speaker of the assembly.

(k) At least sixty days prior to the commissioners' final approval of

rules and regulations under their respective jurisdiction, other than

emergency rules and regulations and regulations promulgated pursuant to

section 43.01 of this chapter, the commissioners shall submit such

proposed rules and regulations to the council for its review. The

council shall review all proposed rules and regulations and report its

recommendations thereon to the commissioners within sixty days. The

commissioner having statutory jurisdiction over the proposed rule or

regulation shall not act in a manner inconsistent with the

recommendations of the council without first appearing before the

council to report the reasons therefor. The council, upon a majority

vote of its members, may require that an alternative approach to the

proposed rules and regulations be published with the notice of the

proposed rules and regulations pursuant to section two hundred two of

the state administrative procedure act. When an alternative approach is

published pursuant to this section, the commissioner having statutory

jurisdiction of the subject proposed rule or regulation shall state the

reasons for not selecting such alternative approach.

(l) The council, by a majority vote of its members, may propose rules

and regulations on any matter within the regulatory jurisdiction of the

offices of mental health or alcoholism and substance abuse services,

other than establishment of fee schedules pursuant to section 43.01 of

this chapter, and forward such proposed rules and regulations to both

commissioners for review and consideration; provided, however, that only

the approval of the commissioner with statutory jurisdiction of the

proposed rule or regulation shall be required. Prior to such

commissioner's final approval and promulgation of such proposed rules

and regulations, if such rules and regulations are modified in any

respect, they shall be submitted to the council pursuant to subdivision

(k) of this section. If such commissioner determines not to promulgate

such proposed rules and regulations, the commissioner shall appear

before the council to report the reasons therefor.

(m) The members of the council shall receive no compensation for their

services but shall be reimbursed for expenses actually and necessarily

incurred in the performance of their duties.

(n) The commissioners, upon request of the council, shall designate

one or more officers or employees from either or both offices to provide

administrative support services to the council, and may assign from time

to time such other employees as the council may request.

(o) No civil action shall be brought in any court against any member

of the behavioral health services advisory council for any act done,

failure to act, or statement or opinion made, while discharging his or

her duties as a member of the council, without leave from a justice of

the supreme court, first had and obtained. In any event, such member

shall not be liable for damages in any such action if he or she acted in

good faith, with reasonable care and upon probable cause. Members of the

council shall be considered public officers for the purposes of section

seventeen of the public officers law.

(p) The council may establish written bylaws.

Establishment of statewide comprehensive plans of services for

persons with mental disabilities.

(a) (1) The behavioral health services advisory council and the

advisory council on developmental disabilities shall provide

recommendations for statewide priorities and goals to guide

comprehensive planning, resource allocation and evaluation processes for

state and local services for persons with mental illness, developmental

disabilities, and/or those with substance use or compulsive gambling

disorders. Such goals and objectives shall:

a. be measurable in terms of attainment and focused on outcomes for

those being served;

b. be developed in collaboration with, and communicated to, providers

of services, department facilities, consumers and consumer

representatives, and other appropriate state and local governmental

agencies;

c. reflect the partnership between state and local governmental units;

and

d. emphasize the need to integrate behavioral health and health

services.

(2) Such advisory councils shall accomplish their duties by means of a

process which is:

a. open, visible and accessible to the public; and

b. consistent with the statewide and federally mandated planning,

appropriation and evaluation processes and activities for services to

persons with mental disabilities.

(3) The advisory councils are hereby empowered to hold public hearings

and meetings to enable them to accomplish their duties.

(b) Statewide comprehensive plan for services to persons with mental

disabilities.

(1) The office of mental health, the office for people with

developmental disabilities and the office of alcoholism and substance

abuse services shall formulate a statewide comprehensive five-year plan

for the provision of all state and local services for persons with

mental illness, developmental disabilities, and/or those with substance

use or compulsive gambling disorders. The statewide comprehensive plan

shall be based upon an analysis of local services plans developed by

each local governmental unit, in consultation with consumers, consumer

groups, providers of services and departmental facilities that furnish

behavioral health services in conformance with statewide priorities and

goals established with recommendations of the behavioral health services

advisory council and the advisory council on developmental disabilities.

The plan shall:

a. identify statewide priorities;

b. specify statewide goals that reflect the statewide priorities and

are focused on obtaining positive measurable outcomes;

c. propose strategies and initiatives to address the priorities and

facilitate achievement of statewide goals;

d. identify services and supports, which may include programs run or

led by peers, that are designed to promote the health and wellness of

persons with mental illness, developmental disabilities, and/or

substance use or compulsive gambling disorders;

e. provide analysis of current and anticipated utilization of state

and local, and public and private facilities, programs, services, and/or

supports;

f. encourage and promote person-centered, culturally and

linguistically competent community-based programs, services, and

supports that reflect the partnership between state and local

governmental units;

g. include progress reports on the implementation of both short-term

and long-term recommendations of the children's plan required pursuant

to section four hundred eighty-three-f of the social services law; and

h. include final reports for time-limited demonstration programs

pursuant to subdivision (d) of section 41.35 of this chapter.

(2) The commissioner of mental health shall also include the following

in the portion of the statewide comprehensive plan required by this

subdivision for services to persons with mental illness:

a. an analysis of the long-term need for the delivery of inpatient

care and services for adults and children and youth at state-operated

hospitals as listed in section 7.17 of this chapter, including a review

of statewide policies and trends relating to admissions, discharges,

deaths, transfers, and appropriate community placements for inpatients,

and a review of the correlation between these policies and trends and

the future use of state inpatient facilities, resulting in a projected

range of the anticipated census over the next five years for each

state-operated hospital listed in section 7.17 of this chapter;

b. a review of the long-term needs of persons currently residing in

state-operated hospitals, including an estimate of the number of such

individuals needing state inpatient care, and an estimate of the number

of such individuals who may be discharged to nursing homes, adult homes,

residences operated, licensed or funded by the office of mental health,

and independent housing;

c. an analysis of the anticipated future of the forensic psychiatric

program operated by the office of mental health pursuant to subdivision

(c) of section 7.09 of this chapter, including a programmatic and fiscal

review of clinical care needs for persons committed to such programs,

identification of service gaps for this population, projected range of

anticipated census over the next five years, and any recommendations for

new service configurations;

d. an analysis of the anticipated future of the mission of the

state-operated office of mental health research institutes that are

listed in section 7.17 of this chapter;

e. a description of the available community-based acute inpatient,

out-patient, community support and emergency services, which shall

include comprehensive psychiatric emergency programs licensed pursuant

to section 31.27 of this chapter. Such description should include the

extent to which these services are currently utilized by persons with

mental illness and, as available, compare estimates of utilization with

estimates of the prevalence of mental illness among persons residing in

the service area to determine unmet need;

f. recommendations for new or expanded programs or services that may

be required to meet the unmet need for community-based services

identified in accordance with subparagraph e of this paragraph;

g. a review and evaluation of efforts undertaken by the office of

mental health to encourage community hospitals to provide both emergency

and acute inpatient care;

h. a description of the involvement of local government mental health

authorities in the planning and development of a needs-based,

comprehensive service system and in the determination of the allocation

of resources;

i. to the extent practicable, all such information required pursuant

to this paragraph shall be provided on a statewide, regional and

individual state-operated hospital and state-operated research institute

basis; and

j. recommendations on the provision of state and local mental health

services based on the development of best practices by programs

promoting culturally and linguistically competent mental health

services.

(3) The commissioner of the office for people with developmental

disabilities shall also include, to the extent practicable, the

following data in the portion of the statewide comprehensive plan

required by this section for services to persons with developmental

disabilities:

(a) the number of individuals and average Medicaid eligible

expenditure level per service recipient, categorized by the following:

(i) from birth to twenty years of age;

(ii) from twenty-one years of age to sixty-four years of age

inclusive; and

(iii) sixty-five years of age and older;

(b) race or ethnicity of the service recipient, by age range;

(c) primary language spoken by the service recipient and other related

details, as feasible; and

(d) residence type, subcategorized by age, race or ethnicity, and

primary language.

(4) The commissioners of each of the offices shall be responsible for

the development of such statewide five-year plan for services within the

jurisdiction of their respective offices and after giving due notice

shall conduct one or more public hearings on such plan. The behavioral

health services advisory council and the advisory council on

developmental disabilities shall review the statewide five year

comprehensive plan developed by such office or offices and report its

recommendations thereon to such commissioner or commissioners. Each

commissioner shall submit the plan, with appropriate modifications, to

the governor no later than the first day of November of each year in

order that such plan may be considered with the estimates of the offices

for the preparation of the executive budget of the state of New York for

the next succeeding state fiscal year. Such comprehensive plan shall be

submitted to the legislature and also be posted to the website of each

office. Statewide plans shall ensure responsiveness to changing needs

and goals and shall reflect the development of new information and the

completion of program evaluations. An interim report detailing the

commissioner's actions in fulfilling the requirements of this section in

preparation of the plan and modifications in the plan of services being

considered by the commissioner shall be submitted to the governor and

the legislature on or before the fifteenth day of March of each year.

Such interim report shall include, but need not be limited to:

(a) actions to include participation of consumers, consumer groups,

providers of services and departmental facilities, as required by this

subdivision; and

(b) any modifications in the plan of services being considered by the

commissioner, to include: (i) compelling budgetary, programmatic or

clinical justifications or other major appropriate reason for any

significant new statewide programs or policy changes from a prior

(approved) five year comprehensive plan; and (ii) procedures to involve

or inform local governmental units of such actions or plans.

(5) The commissioner of mental health in consultation with the

department of civil service, the office of employee relations and any

other appropriate state agency, shall prepare for the governor and the

legislature a written evaluation report concerning the retraining and

continuation of employment of persons whose employment in a

state-operated hospital listed in section 7.17 of this chapter may be

terminated because of planned closure or consolidation of such

state-operated hospital. Such report shall include, but not be limited

to:

(i) specific proposals to help implement transitional employment

arrangements with state, local governmental units and voluntary

agencies;

(ii) specific proposals to help provide for the development of

appropriate retraining programs;

(iii) specific proposals to help provide for continuity of employment

and utilization of alternatives to layoffs;

(iv) specific proposals to help provide for the active participation

of the legal bargaining representatives of the employees of the office,

where appropriate, in the planning for and implementation of mechanisms

to help ensure continuity of employment;

(v) specific proposals to help ensure that the planning for the

closure or consolidation of state-operated hospitals is consistent with

the planning for the continuity of employment of state employees,

including procedures to ensure timely notification of represented

employees and their designated legal representatives and managerial and

confidential employees regarding planned program closure or

consolidation of state-operated hospitals; and

(vi) specific proposals regarding the establishment of demonstration

projects incorporating staff training, transfers and assignment of staff

of state-operated hospitals to the offices in local governmental units

and in voluntary agencies. Such proposals shall take into consideration

those areas of the state that are determined to be most in need of the

development of appropriate systems of service delivery to best meet the

appropriate needs of persons with serious mental illness, including

children and adolescents with serious emotional disturbances.

On or before December first, nineteen hundred ninety-four a copy of

such report, and such recommendations as may be deemed appropriate shall

be submitted to the governor, the temporary president of the senate, the

speaker of the assembly, and the respective minority leaders of each

such house.

(c) Three year capital plan. (1) On or before July first of each year,

the commissioners of the offices of the department of mental hygiene

shall each submit to the advisory council of their respective offices a

statewide three year capital plan for facilities within the jurisdiction

of their respective offices. The capital plan shall set forth the

projects proposed to be designed, constructed, acquired, reconstructed,

rehabilitated or otherwise substantially altered pursuant to

appropriation to meet the capital development needs of the respective

agencies for the next ensuing three years; the years of such plan shall

correspond to the years of the statewide five year plan as required by

subdivision (b) of this section.

(2) Such plan for each office shall include but not be limited to a

detailed project schedule indicating the location by county or borough

and estimated cost of each project, the anticipated dates on which the

design and construction of the project is to commence, the proposed

method of financing for the project, the estimated economic life of the

project and whether the proposed project constitutes design, new

construction or rehabilitation.

(3) Such plan shall further specify for each project whether the

project is to be a residential or nonresidential facility, a state or

voluntary operated facility, and, the number of clients, by source of

clients, proposed to utilize the facility. The information on the source

of the client shall include but not be limited to identification of

clients currently living independently, or at home with families, or

with caretakers, clients defined by their respective agencies as special

populations, or clients currently residing in an institutional setting

under the jurisdiction of the offices of the department.

(4) The advisory council of the appropriate office shall review such

plan and report its recommendation to the commissioner for inclusion,

provided, however, that the behavioral health services advisory council

shall forward its comments on the capital plan of the office of mental

health to the mental health planning council which shall forward such

recommendations after review to the commissioner of mental health. The

commissioner shall submit his or her plan with the formal

recommendations of the advisory council of his or her office and any

subsequent appropriate modifications to the governor no later than the

first day of November of each year or concurrent with the annual

submission of estimates and information required by section one of

article seven of the constitution in order that such plans shall be

considered with the estimates of the offices for the preparation of the

executive budget of the state of New York for the next succeeding state

fiscal year. The commissioners shall also submit such plans to the

chairmen of the senate finance committee and the assembly ways and means

committee.

(5) Each statewide three year capital plan for facilities shall be

evaluated and revised annually to encompass the fiscal year then in

progress and the next ensuing two fiscal years to ensure responsiveness

to the changing needs and goals of the department, and to reflect the

development of new information and project completion.

Facilities development corporation.

(a) The facilities development corporation shall be entitled to

exclusive possession, jurisdiction, supervision and control of all real

property held for facilities operated by any of the offices of the

department, such facilities being defined as mental hygiene facilities

by section three of the facilities development corporation act, to

exclusive possession, jurisdiction, supervision and control of such

facilities, and to all payments made for the care, maintenance and

treatment of patients at such facilities; provided, however, that the

directors of the said corporation shall make all such property and all

such facilities available to the commissioners and offices of the

department of mental hygiene for use in the care, maintenance, and

treatment of the mentally disabled.

The provisions of this section shall not be applicable to community

mental health and developmental disabilities facilities as defined in

section three of the facilities development corporation act or to

payments made for the care, maintenance and treatment of patients at

such community mental health and developmental disabilities facilities.

(b) The director of a department facility shall permit any director,

officer, employee or agent of the facilities development corporation to

inspect and test the physical condition of any building, unit, room,

structure, improvement, walkway, roadway, parking lot or utility

connection at the facility under appropriate conditions designed to

minimize any disruption in the care, maintenance, and treatment of

patients at the facility. The director and officers and employees at the

facility shall cooperate fully with any such trustee, officer, employee

or agent in assessing the need for physical construction,

reconstruction, rehabilitation and improvement at the facility and for

the acquisition of furnishings, equipment, machinery and apparatus to be

used in mental hygiene facilities upon the completion of construction,

reconstruction, rehabilitation or improvement work and shall cooperate

fully in carrying out all work being done under the direction of the

said corporation.

Declaration of policy.

The state of New York and its local governments have a responsibility

for the prevention and early detection of mental illness and for the

comprehensively planned care, treatment and rehabilitation of their

mentally ill citizens.

Therefore, it shall be the policy of the state to conduct research and

to develop programs which further prevention and early detection of

mental illness; to develop a comprehensive, integrated system of

treatment and rehabilitative services for the mentally ill. Such a

system should include, whenever possible, the provision of necessary

treatment services to people in their home communities; it should assure

the adequacy and appropriateness of residential arrangements for people

in need of service; and it should rely upon improved programs of

institutional care only when necessary and appropriate. Further, such a

system should recognize the important therapeutic roles of all

disciplines which may contribute to the care or treatment of the

mentally ill, such as psychology, social work, psychiatric nursing,

special education and other disciplines in the field of mental illness,

as well as psychiatry and should establish accountability for

implementation of the policies of the state with regard to the care and

rehabilitation of the mentally ill.

To facilitate the implementation of these policies and to further

advance the interests of the mentally ill and their families, a new

autonomous agency to be known as the office of mental health has been

established by this article. The office and its commissioner shall plan

and work with local governments, voluntary agencies and all providers

and consumers of mental health services in order to develop an

effective, integrated, comprehensive system for the delivery of all

services to the mentally ill and to create financing procedures and

mechanisms to support such a system of services to ensure that mentally

ill persons in need of services receive appropriate care, treatment and

rehabilitation close to their families and communities. In carrying out

these responsibilities, the office and its commissioner shall make full

use of existing services in the community including those provided by

voluntary organizations.

Definitions.

As used in this title:

1. "Office" means the office of mental health.

2. "Commissioner" means the head of the office of mental health.

3. "Mental health peer" or "MHP" means an individual with

lived-experience who is actively in recovery from a mental health

condition and has self-disclosed their mental health journey.

4. "Family peer advocate" or "FPA" means an individual with

lived-experience as the biological, foster, or adoptive parent or

primary caregiver of a child or youth with a social, emotional,

behavioral, mental health, or developmental disability.

5. "Youth peer advocate" or "YPA" means an individual who

self-identifies as a person with first-hand experience with mental

health and/or co-occurring behavioral challenges as a young person or

has received services in any one of the child-serving systems or

programs pursuant to this chapter.

6. "New York state certified peer specialist" or "NYCPS" means a

mental health peer who has specialized training and holds a credential

from a certifying authority recognized by the commissioner.

7. "Credentialed family peer advocate" or "CFPA" means an individual

verified to have met the criteria for a family peer advocate as defined

in subdivision four of this section and who holds a credential from a

certifying authority recognized by the commissioner.

8. "Credentialed youth peer advocate" or "CYPA" means an individual

verified to have met the criteria for a youth peer advocate as defined

in subdivision five of this section and who holds a credential from a

certifying authority recognized by the commissioner.

Office of mental health; scope of responsibilities.

(a) The office of mental health is charged with the responsibility for

assuring the development of comprehensive plans, programs, and services

in the areas of research, prevention, and care, treatment,

rehabilitation, education, and training of the mentally ill. Such plans,

programs, and services shall be developed by the cooperation of the

office, the other offices of the department where appropriate, local

governments, consumers and community organizations and agencies. The

office shall provide appropriate facilities and encourage the provision

of facilities by local government and community organizations and

agencies.

(b) The office of mental health shall advise and assist the governor

in developing policies designed to meet the needs of the mentally ill

and to encourage their full participation in society.

(c) The office of mental health shall have the responsibility for

seeing that mentally ill persons are provided with care and treatment,

that such care, treatment and rehabilitation is of high quality and

effectiveness, and that the personal and civil rights of persons

receiving care, treatment and rehabilitation are adequately protected.

(d) The office of mental health shall foster programs for the training

and development of persons capable of providing the foregoing services,

and for the qualification of persons capable of providing peer services

as defined in subdivisions three, four, five, six, seven, and eight of

section 7.03 of this article and in accordance with criteria established

by the commissioner.

(e) Consistent with the requirements of subdivision (b) of section

5.05 of this chapter, the office shall carry out the provisions of

article thirty-one as such article pertains to regulation and quality

control of services for the mentally ill.

(f) The office shall establish, and provide technical and financial

support to establish two programs promoting culturally and

linguistically competent mental health services. Such programs shall be

operated in a collaborative manner with the Nathan S. Kline Institute

for Psychiatric Research, the New York State Psychiatric Institute,

academia, mental health care providers, communities interested in the

mentally ill and other interested private and public sector parties. The

programs, in consultation with the office's multicultural advisory

committee, shall investigate and report, to the commissioner on a

biannual basis recommendations as to best practices for the delivery of

culturally and linguistically competent mental health services to

underserved populations affected by disparities due to cultural,

linguistic and systemic barriers.

(g) The office of mental health shall have the responsibility for

assuring the development of plans, programs, and services in the areas

of research and prevention of suicide, to reduce suicidal behavior and

suicide through consultation, training, implementation of evidence-based

practices, and use of suicide surveillance data. Such plans, programs,

and services shall consider the unique needs of differing demographic

groups and the impact of gender, race and ethnicity, and cultural and

language needs. Such plans, programs, and services shall be developed in

cooperation with other agencies and departments of the state, local

governments, community organizations and entities, or other

organizations and individuals. The office shall prepare and submit a

written report to the governor, the speaker of the assembly, and

temporary president of the senate that sets forth the progress of the

office in the development of such plans, programs, and services by

December first, two thousand nineteen, and biennially thereafter. In

addition to delineating the progress the office has made, such report

shall also include information on specific suicide prevention services

and program initiatives developed and implemented to address the needs

of high risk minority groups or special populations, including but not

limited to latina and latino adolescents, black youth, individuals

residing in rural communities, veterans, members of the lesbian, gay,

bisexual and transgender community, and any other group deemed high risk

or underserved by the office.

(h) The office shall periodically review suicide prevention programs

established, licensed, certified, or funded by the office to ensure that

the needs of individuals at risk of suicide are being met and make

recommendations to improve such programs, which shall include but not be

limited to: (1) cultural and linguistic competency; and (2) best

practices for screening and interventions aimed at addressing suicide

risk factors for minority groups and other underrepresented populations.

Powers of the office and commissioner; how exercised.

(a) The commissioner shall exercise all powers vested in the office.

He may delegate any function, power, or duty assigned to him or to the

office of mental health to a director of a facility operated by such

office or to any other officer or employee of such office, unless

otherwise provided by law. He may enter into agreements with the

executive director of the justice center for the protection of people

with special needs or the other commissioners of the department in order

to ensure that programs and services are provided for all of the

mentally disabled.

(b) The commissioner may adopt regulations necessary and proper to

implement any matter under his jurisdiction. Proposed rules and

regulations shall be submitted at least sixty days prior to action

thereon to the mental health services council for its advice, in

accordance with section 7.05 of this chapter, unless the commissioner

finds that the public health, safety or general welfare requires that

such submission be dispensed with.

(c) The commissioner shall administer the forensic psychiatric program

of the office. Commitments to the commissioner of mental hygiene

pursuant to the provisions of the criminal procedure law and the

correction law shall be deemed to be commitments to the custody of the

commissioner of mental health or the commissioner of developmental

disabilities, as appropriate. The commissioner of mental health shall

arrange with the commissioner of developmental disabilities for the

placement, where appropriate, of any such committed person in a school.

(d) The commissioner and directors of office facilities may request

and upon such request the coroner, coroner's physician or medical

examiner shall provide to such persons access to original autopsy

slides, tissue materials and specimens derived from any autopsy or

inquiry with respect to the death of a patient or resident in a mental

hygiene facility, as defined in subdivision two of section five hundred

fifty of the executive law. Such original materials shall be preserved

intact, except for unavoidable changes due to necessary scientific

testing, and shall be returned to the coroner, coroner's physician or

medical examiner.

(e) The commissioner shall accept custody of a juvenile under an order

issued by the family court pursuant to the provisions of section 322.2

of the family court act. He or she may place the juvenile in any

appropriate facility or program under his or her jurisdiction, but he or

she shall comply with any order requiring treatment in a residential

facility made pursuant to paragraph (c) of subdivision five of section

322.2 of the family court act, unless, after a hearing held in

accordance with subdivision seven of section 322.2 of the family court

act, the court modifies the order. In determining the appropriate

placement, the commissioner shall be furnished with a copy of the

findings of the court pursuant to subdivision four or five of section

322.2 of the family court act and shall consider the nature of the act

alleged in such findings and the level of the juvenile's mental

disability. The commissioner shall review the condition of the juvenile

in accordance with the requirements of section 322.2 of the family court

act and he or she may petition the family court at any time for any

relief authorized by such section.

(f) The commissioner may approve special employment programs which are

operated by facilities within the office of mental health, for purposes

of producing products and services for procurement by the state or any

governmental agency, political subdivision or public benefit corporation

thereof, in accordance with the provisions of sections one hundred

seventy-five-a and one hundred seventy-five-b of the state finance law.

The term "special employment program" shall have the same meaning as

such term is defined in section one hundred seventy-five-c of the state

finance law.

(g) The commissioner shall work cooperatively with the commissioner of

the office for people with developmental disabilities and the

commissioner of the office of temporary and disability assistance to

assist the commissioner of education in furnishing integrated employment

services to individuals with severe disabilities, including the

development of an integrated employment implementation plan, pursuant to

article twenty-one of the education law.

(h) The commissioner shall promulgate rules and regulations to address

the communications needs of non-English speaking individuals seeking or

receiving services in facilities operated or licensed by the office in

order to facilitate their access to services. Such rules and regulations

shall include, but not be limited to, reasonable means to accommodate

the language capabilities and preferences of non-English speaking

individuals in such facilities where a significant number of non-English

speaking individuals seek or receive services.

(i) The commissioner of mental health shall be authorized to have

access to criminal history information contained in the central data

facility established by the division of criminal justice services, upon

such terms and conditions as the commissioner of mental health and the

commissioner of the division of criminal justice services shall agree.

The report containing such criminal history information may be

summarized for inclusion in the patient's clinical record, however, such

report shall be destroyed within fourteen days of its receipt. Such

information shall be used for purposes of making decisions regarding

care and treatment, health and safety, privileges and discharge planning

for patients admitted to or retained in hospitals operated by the office

of mental health. The commissioner of mental health shall promulgate

standards regarding the use of such information, which may include, but

not be limited to, consideration of the type of offense and the date of

conviction, and its relevance to care and treatment, health and safety,

privileges and discharge planning. Patients shall be given written

notice that their criminal history information will be obtained by the

hospital, that the opportunity exists to request the correction of any

inaccurate criminal history information in accordance with the

regulations of the division of criminal justice services, and that the

opportunity exists to challenge the accuracy of such information

maintained in the patients' clinical record to the extent authorized by

section 33.16 of this chapter. Such information shall be kept

confidential to the extent required under applicable federal and state

law, including section 33.13 of this chapter.

(j) (1) The commissioner, in cooperation with other applicable state

agencies, shall collect, retain or modify data or records, and shall

transmit such data or records: (i) to the division of criminal justice

services, or to the criminal justice information services division of

the federal bureau of investigation, for the purposes of responding to

queries to the national instant criminal background check system

regarding attempts to purchase or otherwise take possession of firearms,

as defined in 18 USC 921(a)(3), in accordance with applicable federal

laws or regulations, or (ii) to the division of criminal justice

services, which may re-disclose such data and records only for

determining whether a license issued pursuant to section 400.00 of the

penal law should be denied, suspended or revoked, under subdivision

eleven of such section, or for determining whether a person is no longer

permitted under federal or state law to possess a firearm. Such records,

which may not be used for any other purpose, shall include only names

and other non-clinical identifying information of persons who have been

involuntarily committed to a hospital pursuant to article nine of this

chapter, or section four hundred two or subdivision two of section five

hundred eight of the correction law, or article seven hundred thirty or

section 330.20 of the criminal procedure law or sections 322.2 or 353.4

of the family court act, or to a secure treatment facility pursuant to

article ten of this chapter.

(2) The commissioner shall establish within the office of mental

health an administrative process to permit a person who has been or may

be disqualified from possessing such a firearm pursuant to 18 USC

922(4)(d) or who has been or may be disqualified from continuing to have

a license to carry, possess, repair, or dispose of a firearm under

section 400.00 of the penal law because such person was involuntarily

committed or civilly confined to a facility under the jurisdiction of

the commissioner, to petition for relief from that disability where such

person's record and reputation are such that such person will not be

likely to act in a manner dangerous to public safety and where the

granting of the relief would not be contrary to public safety. The

commissioner shall promulgate regulations to establish the relief from

disabilities program, which shall include, but not be limited to,

provisions providing for: (i) an opportunity for a disqualified person

to petition for relief in writing; (ii) the authority for the agency to

require that the petitioner undergo a clinical evaluation and risk

assessment; and (iii) a requirement that the agency issue a decision in

writing explaining the reasons for a denial or grant of relief. The

denial of a petition for relief from disabilities may be reviewed de

novo pursuant to the proceedings under article seventy-eight of the

civil practice law and rules.

* (k) Notwithstanding any other law, rule or regulation, on request by

a representative of a cemetery organization or funeral establishment,

the commissioner and directors of office facilities shall release to the

representative the name, date of birth, or date of death of a person who

was a patient at the facility when the person died, unless the person or

the person's guardian provided written instructions to the facility not

to release such person's name or dates of birth and death. A

representative of a cemetery organization or a funeral establishment may

use a name or date released under this subdivision only for the purpose

of inscribing the name or date on a grave marker.

* NB There are 2 sb (k)'a

* (k) The commissioner shall develop clear and detailed definitions of

at least four categories of types of injuries that a staff member or

person confined may experience as the result of an assault by or an

altercation between a person confined and any staff member or other

person confined in state forensic psychiatric centers as such term is

defined in section 7.17 of this article. On at least a quarterly basis

beginning in January of each year, the commissioner shall report to the

legislature on the number of types of injuries within the detailed

categories required by this subdivision.

* NB There are 2 sb (k)'a

(l) Notwithstanding any general or special law to the contrary, the

commissioner, in conjunction with the commissioner of the office of

addiction services and supports and the director of the department of

veterans' services shall develop a public education initiative designed

to eliminate stigma and misinformation about mental illness and

substance use among service members, veterans, and their families,

improve their understanding of mental and substance use disorders and

the existence of effective treatment, and provide information regarding

available resources and how to access them. These public education

initiatives may include the use of the internet, including the use of

social networking sites.

(m) The commissioner shall publish on the website of the office

information regarding the mental illness anti-stigma distinctive license

plate established under section four hundred four-dd of the vehicle and

traffic law. Such information shall include, but not be limited to, a

link to the department of motor vehicle website where an individual may

order such license plate.

Organization and administration of the office of mental health

and its facilities.

(a) The commissioner shall have the professional jurisdiction,

supervision, and control of the office and all department facilities for

the mentally ill.

(b) The commissioner shall control the organization of the office and

may continue, establish, discontinue, expand, and contract facilities

under his jurisdiction. The facilities set forth in section 7.17 may not

be discontinued by the commissioner. Units and facilities shall have

such functions, duties, and responsibilities as may be assigned to them

by the commissioner.

(c) The commissioner may, within the amounts appropriated therefor,

lease space or facilities in which services for the mentally ill are to

be provided. He may delegate this authority to the facilities

development corporation.

Local services.

Local services for the mentally ill shall be planned, financed and

implemented in accordance with the provisions of article forty-one of

this chapter.

Programs of the office of mental health.

(a) The commissioner shall plan, promote, establish, develop,

coordinate, evaluate, and conduct programs and services of prevention,

diagnosis, examination, care, treatment, rehabilitation, training, and

research for the benefit of the mentally ill. Such programs shall

include but not be limited to in-patient, out-patient, partial

hospitalization, day care, emergency, rehabilitative, and other

appropriate treatments and services. He or she shall take all actions

that are necessary, desirable, or proper to implement the purposes of

this chapter and to carry out the purposes and objectives of the

department within the amounts made available therefor by appropriation,

grant, gift, devise, bequest, or allocation from the mental health

services fund established under section ninety-seven-f of the state

finance law.

(b) The activities described in subdivision (a) of this section may be

undertaken in cooperation and agreement with other offices of the

department and with other departments or agencies of the state, local or

federal government, or with other organizations and individuals.

Programs, services, and operation of facilities in the office of

mental health.

(a) The commissioner shall establish policy and procedures for the

organization, administration, and operation of the facilities under his

jurisdiction. He shall make provision for the effective rendition of

services to patients by such facilities.

(b) There shall be in the office the hospitals named below for the

care, treatment and rehabilitation of persons with mental illness and

for research and teaching in the science and skills required for the

care, treatment and rehabilitation of such persons with mental illness.

Greater Binghamton Health Center

Bronx Psychiatric Center

Buffalo Psychiatric Center

Capital District Psychiatric Center

Central New York Psychiatric Center

Creedmoor Psychiatric Center

Elmira Psychiatric Center

Kingsboro Psychiatric Center

Kirby Forensic Psychiatric Center

Manhattan Psychiatric Center

Mid-Hudson Forensic Psychiatric Center

Mohawk Valley Psychiatric Center

Nathan S. Kline Institute for Psychiatric Research

New York State Psychiatric Institute

Pilgrim Psychiatric Center

Richard H. Hutchings Psychiatric Center

Rochester Psychiatric Center

Rockland Psychiatric Center

St. Lawrence Psychiatric Center

South Beach Psychiatric Center

New York City Children's Center

Rockland Children's Psychiatric Center

Sagamore Children's Psychiatric Center

Western New York Children's Psychiatric Center

The New York State Psychiatric Institute and The Nathan S. Kline

Institute for Psychiatric Research are designated as institutes for the

conduct of medical research and other scientific investigation directed

towards furthering knowledge of the etiology, diagnosis, treatment and

prevention of mental illness.

(c) The commissioner shall establish the areas which each facility

under his jurisdiction shall serve and the categories of patients which

each such facility shall receive, retain, or treat.

(d) The commissioner may permit the other offices of the department

and any public or private non-profit organization or political

subdivision of the state to operate programs for the mentally disabled

not inconsistent with the programs and objectives of the department, in

any facility under his jurisdiction. The commissioner may permit any

facility under his jurisdiction to operate programs for the mentally

disabled, not inconsistent with the programs and objectives of the

department, under contracts or agreements with other offices within the

department.

(e) In the event that the plan for state and local mental health

services, developed in accordance with subdivision (b) of this section,

determines that significant service reductions are anticipated for a

particular state-operated hospital or its catchment area, or a

state-operated research institute, the commissioner shall take the

following actions, provided nothing in this subdivision shall create a

basis for enjoining any otherwise lawful service reductions:

1. confer with the department of civil service, the governor's office

of employee relations and any other state agency to develop strategies

which attempt to minimize the impact on the state workforce by providing

assistance in obtaining state employment in state-operated

community-based services or other employment opportunities, and to

develop strategies for the development of necessary retraining and

redeployment programs. In planning such strategies, the commissioner

shall provide for the participation of the representatives of the

employee labor organizations and for the participation of managerial and

confidential employees to ensure continuity of employment;

2. consult with the department of economic development and any other

appropriate state agencies to develop strategies which attempt to

minimize the impact of such significant service reductions on the local

and regional economies;

3. provide for a mechanism which may reasonably be expected to provide

notice to local governments, community organizations, employee labor

organizations, managerial and confidential employees, consumer and

advocacy groups of the potential for significant service reductions at

such state-operated hospitals and state-operated research institutes at

least twelve months prior to commencing such service reduction,

provided, however, that this requirement shall be deemed satisfied with

respect to reductions at Central Islip Psychiatric Center, Gowanda

Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park

Psychiatric Center, Willard Psychiatric Center and Manhattan Children's

Psychiatric Center; and

4. consult with the office of general services and any other

appropriate state agency in developing a mechanism for determining

alternative uses for land and buildings to be vacated by the office of

mental health. Such a mechanism should include a review of other

programs or state agencies that could feasibly expand their operations

onto a state-operated hospital campus and are compatible with health,

safety and programmatic needs of patients served in such facilities.

* (f) (1) The commissioner shall appoint program coordinators of

assisted outpatient treatment, who shall be responsible for the

oversight and monitoring of assisted outpatient treatment programs

established pursuant to section 9.60 of this chapter. Directors of

community services of local governmental units shall work in conjunction

with such program coordinators to coordinate the implementation of

assisted outpatient treatment programs.

(2) The oversight and monitoring role of the program coordinator of

the assisted outpatient treatment program shall include each of the

following:

(i) that each assisted outpatient receives the treatment provided for

in the court order issued pursuant to section 9.60 of this chapter;

(ii) that existing services located in the assisted outpatient's

community are utilized whenever practicable;

(iii) that a case manager or assertive community treatment team is

designated for each assisted outpatient;

(iv) that a mechanism exists for such case manager, or assertive

community treatment team, to regularly report the assisted outpatient's

compliance, or lack of compliance with treatment, to the director of the

assisted outpatient treatment program;

(v) that directors of community services establish procedures which

provide that reports of persons who may be in need of assisted

outpatient treatment are appropriately investigated in a timely manner;

and

(vi) that assisted outpatient treatment services are delivered in a

timely manner.

(3) The commissioner shall develop standards designed to ensure that

case managers or assertive community treatment teams have appropriate

training and have clinically manageable caseloads designed to provide

effective case management or other care coordination services for

persons subject to a court order under section 9.60 of this chapter.

(4) Upon review or receiving notice that services are not being

delivered in a timely manner, the program coordinator shall require the

director of such assisted outpatient treatment program to immediately

commence corrective action and inform the program coordinator of such

corrective action. Failure of a director to take corrective action shall

be reported by the program coordinator to the commissioner of mental

health, as well as to the court which ordered the assisted outpatient

treatment.

* NB Repealed June 30, 2027

(g) The commissioner, in cooperation with any other state agency or

relevant stakeholder, shall identify information and training programs

relating to the diagnosis and treatment of post-traumatic stress

disorder for military veterans, including but not limited to, trainings

developed using funds received from the state of New York, and publish

such information and links to relevant training programs on the office's

website. The identified information and training programs shall include

a component on military culture competency and shall be intended for use

by mental health providers and mental health clinicians.

Secure treatment facilities in the office.

(a) There shall be in the office secure treatment facilities, as

defined in subdivision (o) of section 10.03 of this title, as designated

by the commissioner for the care and treatment of dangerous sex

offenders requiring confinement, as described in article ten of this

title.

(b) Such secure treatment facilities may be created on the former

grounds of hospitals operated by the office, but shall be considered

separate and distinct facilities and shall not be considered or defined

as hospitals.

Personnel of the office.

(a) The commissioner or his or her designee may, within the amounts

appropriated therefor, appoint and remove in accordance with law and

applicable rules of the state civil service commission, such officers

and employees of the office of mental health as are necessary for

efficient administration and shall administer the office's personnel

system in accordance with such law and rules. In exercising the

appointing authority, the commissioner shall take all reasonable and

necessary steps, consistent with article twenty-three-A of the

correction law, to ensure that any such person so appointed has not

previously engaged in any act in violation of any law which could

compromise the health and safety of patients.

(b) The director of a hospital or institute in the office shall have

professional qualifications and experience to be prescribed by the

commissioner.

(c) Notwithstanding the provisions of any other law, the positions of

psychiatrist III and deputy director in any office facility, in

Matteawan state hospital, or in Dannemora state hospital may be filled

by promotion open to employees of all such facilities who possess the

minimum qualifications for the respective positions. Promotion lists

which are established for those positions shall be general eligible

promotion lists from which names are certified in the order of final

earned ratings and from which certification shall not be subdivided by

the facility or department in which such persons are employed. Nothing

in this subdivision shall prevent the use of open competitive

examinations.

(d) The commissioner shall establish regulations governing the

personnel administration of the department and its facilities.

(e) The use of volunteers at facilities in the office of mental health

shall be encouraged. The commissioner may establish regulations

governing such volunteer services.

(f) Where, and to the extent that, an agreement between the state and

an employee organization entered into pursuant to article fourteen of

the civil service law so provides, the commissioner is authorized to

implement the provisions of such agreement relating to discipline

consistent with the terms thereof.

Directors of facilities.

(a) The director of a facility under the jurisdiction of the office of

mental health shall be its chief executive officer. Each such director

shall be in the noncompetitive class and designated as confidential as

defined by subdivision two-a of section forty-two of the civil service

law and shall be appointed by and serve at the pleasure of the

commissioner. He or she shall manage the facility subject to applicable

law and the regulations of the commissioner of mental health. Before the

commissioner shall issue any such regulation or any amendment or

revision thereof, he or she shall consult with the facility directors

regarding its suitability. The director shall maintain effective

supervision of all parts of the facility and over all persons employed

therein or coming thereon and shall generally direct the care and

treatment of patients. Directors presently serving at office of mental

health facilities shall continue to serve under the terms of their

original appointment.

(b) Such director shall have the responsibility of seeing that there

is humane treatment of the patients at his or her facility and shall

investigate, or cause to be investigated, every reportable incident in

accordance with article eleven of the social services law. Also in

accordance with article eleven of the social services law, the director

shall require allegations of reportable incidents to be reported to the

vulnerable persons' central register, which shall screen and immediately

forward reports that appear to allege crimes to the appropriate law

enforcement agency. The vulnerable persons' central register shall

notify immediately, and in any event within three working days, the

board of visitors of the facility and the mental hygiene legal service

located in the same judicial department as the hospital, school, or

institution of every complaint of patient abuse or neglect and shall

inform the board and the mental hygiene legal service of the results of

his investigation.

(c) In any investigation into the treatment and care of patients or

the conduct, performance, or neglect of duty of officers or employees,

the director of a department hospital shall be authorized to subpoena

witnesses, compel their attendance, administer oaths to witnesses,

examine witnesses under oath, and require the production of any books or

papers deemed relevant to the inquiry or investigation. A subpoena

issued under this section shall be regulated by the civil practice law

and rules.

(d) Each facility director of the office shall, upon notice from the

commissioner or upon knowledge that programs of such facility may be

contracted or terminated, implement procedures to ensure timely

notification to affected employees. Such procedures shall include, but

not be limited to:

(1) dissemination and posting of all decisions, policies and

procedures with respect to all aspects of such actions and their impact

on facility staff; and

(2) compliance with all requirements and protection of employee rights

pursuant to collective bargaining agreements with the designated legal

representative of the employees and the civil service law.

(e) Every facility director or designee thereof is authorized and

empowered to grant leaves of absence to employees of such facility not

involved in direct patient care who are volunteer firefighters as

defined in subdivision one of section three of the volunteer

firefighters' benefit law, responding to an emergency within the

community for such periods as the volunteer firefighters are engaged in

the actual performance of their duties as volunteer firefighters.

Education and training.

(a) The commissioner shall have the power to establish such programs

of training and education related to mental illness as he shall deem

desirable.

(b) The director of each facility in the office of mental health with

the approval of the commissioner of mental health may establish and

supervise training and education programs for employees. Directors of

such facilities authorized to establish education or training programs

may enter into agreements with educational institutions to furnish such

education and training in whole or in part.

(c) The commissioner may grant leaves of absence to employees of the

office of mental health for the purpose of receiving training or

education for the better performance of their duties and, subject to the

approval of the director of the budget, may continue the salaries of

such employees, in full or in part, in an amount not to exceed

reimbursement for the loss of earnings while receiving such training.

Mental health disorder hospital discharge; policies and

procedures.

(a) The office, in consultation with the department of health, shall

develop or utilize existing educational materials to be provided to

general hospitals to disseminate to individuals with a documented mental

health disorder or who appear to have or be at risk for a mental health

disorder during discharge planning pursuant to section twenty-eight

hundred three-i of the public health law. Such materials shall include

information regarding the various types of treatment and support

services, including but not limited to: inpatient, outpatient treatment;

how to recognize the need for treatment services; information for

individuals to determine what type and level of treatment is most

appropriate and what resources are available to individuals; and any

other information the commissioner and the commissioner of health deem

appropriate.

(b) The commissioner in collaboration with the commissioner of health

shall assist and provide guidance for every general hospital to:

1. utilize existing, or in addition to current policies and

procedures, develop, maintain and disseminate, written policies and

procedures, for the identification, assessment and referral of

individuals with a documented mental health disorder or who appear to

have or be at risk for a mental health disorder; and

2. establish and implement training, within existing, or in addition

to current training programs, for all individuals licensed or certified

pursuant to title eight of the education law who provide direct patient

care regarding the policies and procedures established pursuant to this

section.

(c) If a general hospital does not directly provide mental health

disorder services, then the commissioner, in consultation with the

commissioner of health, shall provide the necessary information to refer

individuals in need of such services to and coordinate with mental

health service programs that provide such services, and have been issued

an operating certificate pursuant to article thirty-one of this chapter.

Safety.

(a) The commissioner and the directors of in-patient facilities in the

office of mental health may designate safety officers to act as special

police officers whose duty it shall be, under orders of the appropriate

officer, to preserve peace and good order in facilities of such office

and to fully protect the grounds, buildings, and patients. Such safety

officers acting as special police officers shall possess all the powers

of peace officers, as set forth in section 2.20 of the criminal

procedure law, while performing duties in or arising out of the course

of their employment. Such peace officers when acting pursuant to their

special duties may issue and serve a simplified traffic information and

appearance ticket, in the form prescribed by the commissioner of motor

vehicles pursuant to section two hundred seven of the vehicle and

traffic law, upon a person when he or she has reasonable cause to

believe that such person has committed a traffic infraction in his or

her presence, and shall have the power to issue and serve an appearance

ticket as defined in section 150.10 of the criminal procedure law for an

offense other than a felony in lieu of an arrest.

(b) The commissioner shall cause to be developed and implemented a

comprehensive training program for such safety officers. Such a program

is to be provided to persons hired as safety officers within five weeks

after such hiring, and shall include, but need not be limited to

training in the following areas:

1. fire prevention;

2. basic criminal law;

3. first aid and cardio pulmonary resuscitation;

4. conducting investigations;

5. rudimentary police work, including issuance of summons, traffic

control, and lawful use of force;

6. proper use of restraint; and

7. any other training deemed necessary to augment such person's skills

in providing necessary safety and security services for the facility.

Facility services.

(a) Chapels. The commissioner may permit any religious or missionary

corporation or society or combination of such corporations and societies

to erect a building on the grounds of any in-patient facility in the

office of mental health for the holding of religious service, to be used

exclusively for the benefit of the patients and employees of such

facility, subject to such conditions as may be imposed by the

commissioner.

(b) Fire mutual aid. In cooperation with the development and operation

of plans for mutual aid in cases of fire and other public emergencies,

the director of an in-patient facility in the office of mental health,

with the approval of the commissioner of mental health, may authorize

the fire department of the facility to furnish aid to such territory

surrounding the facility as may be practical in cases of fire and such

emergencies, having due regard to the safety of the patients and

property of the facility and to engage in practice and training programs

in connection with the development and operation of such mutual aid

plans.

(c) Community stores. The commissioner may authorize the director of

any facility in the office of mental health to operate a community store

or to lease space in any of its buildings not inconsistent with the

requirements of the facility for the operation of a community store for

the use and benefit of the patients, visitors, and personnel of such

facility. The moneys received by the director of such facility under or

pursuant to any such operation shall be deposited in a special fund to

be known as the community store fund and shall be used for the general

purposes of the facility, subject to the provisions of section

fifty-three of the state finance law.

(d) Laboratory services. Subject to the regulations of the

commissioner, the director of a facility in the office of mental health

may agree to make the laboratory service of such facility available to

adjacent local governments and may receive, apply, and spend money for

the extension of laboratory service according to the terms of the

agreement as approved by such commissioner.

(e) Special employment programs. The director of any facility operated

by the office of mental health may purchase goods and services produced

by special employment programs, sheltered workshop programs or supported

work programs, which are operated by any facility within such office,

subject to the provisions of section one hundred seventy-five-c of the

state finance law.

Gifts.

(a) The commissioner, on behalf of the state and if in the public

interest, shall accept, hold in trust, administer, apply, execute, or

use gifts, devises, bequests, grants, powers, or trusts of personal or

real property made to the state, the office of mental health, a facility

within the office, the commissioner, or the directors or visitors of

facilities which are to be used or may be used for purposes of the

office of mental health, including, but not limited to, the maintenance,

support, or benefit of one or more patients in a facility.

(b) The commissioner, in carrying out the provisions of subdivision

(a) of this section, may create or provide separate and distinct funds,

investments, and deposits and regulate their use, transfer, and

withdrawal. He may dispose of a power or trust upon its expiration and

according to its terms.

(c) Subdivisions (a) and (b) of this section apply to gifts, devises,

bequests, grants, powers, or trusts given to, received, or applied by

the state, the commissioner, the office of mental health, or facilities

thereof and predecessor officers, agencies, or facilities prior to as

well as subsequent to the enactment of this section.

Disposition of moneys and securities.

(a) The commissioner, or the officer or employee of the office

designated by him, shall:

1. Receive and turn over to the comptroller for liquidation all bonds,

notes, mortgages, trust funds, and other securities and obligations

belonging to the office of mental health or any subdivision thereof,

except such as may have come into the possession of the said office or

any subdivision thereof on account of or for the payment of charges for

the care, maintenance, and treatment after January first, nineteen

hundred sixty-four of patients at those mental hygiene facilities as

defined in section three of the facilities development corporation act,

which are under his jurisdiction, in which case the same shall be turned

over to the commissioner of taxation and finance as agent for the

facilities development corporation for liquidation, and he shall have

the authority to transfer all such securities and evidences of

indebtedness and to execute on behalf of the office of mental health or

any of its facilities or the facilities development corporation a

satisfaction and release thereof.

2. Notwithstanding the provisions of sections one hundred six and one

hundred twenty-one of the state finance law, pay over all moneys

received for the care, maintenance, and treatment after January first,

nineteen hundred sixty-four of patients at those mental hygiene

facilities as defined in section three of the facilities development

corporation act which are under his jurisdiction, less refunds made on

account thereof pursuant to section 43.11 of this chapter, to the

commissioner of taxation and finance as agent for the facilities

development corporation, for the corporate purposes of such corporation,

and deposit all other moneys received in a bank designated by the

comptroller. He shall submit a statement each month to the comptroller

and to the directors of the facilities development corporation showing

the amounts so received for the care, maintenance, and treatment of

patients at such facilities, the refunds made on account thereof

pursuant to section 43.11 of this chapter, and the dates when any such

payments were made to the commissioner of taxation and finance. Such

statement shall be certified to by the commissioner of taxation and

finance. He shall also submit each month to the comptroller and the

directors of the facilities development corporation a separate statement

showing the amount of all other moneys received and deposited in a bank

designated by the comptroller as aforesaid, the persons from whom and

for what purposes received, and the dates when any deposits of such

moneys were made. All statements of deposit shall be certified to by the

proper officer of the bank receiving the deposits therein specified. He

shall make an affidavit each month that the sums so paid over to the

commissioner of taxation and finance and deposited in such bank are all

the moneys received by him from any source of institutional income to

the date of the last payment, or deposit, appearing on either statement

and such affidavit shall be filed with the comptroller and the directors

of the facilities development corporation. A bank designated by the

comptroller to receive the aforesaid deposits shall, before any deposit

is made, execute a bond to the people of the state, in a sum approved by

the comptroller, for the safekeeping of the funds deposited.

(b) The provisions of this section shall not be applicable to

community mental health and developmental disabilities facilities, as

defined in section three of the facilities development corporation act,

nor to payments made for the care, maintenance, and treatment of

patients at such community mental health and developmental disabilities

facilities.

Boards of visitors.

(a) Each hospital in the department shall have a board of visitors

consisting of seven members; provided, however, that a hospital at the

Pilgrim psychiatric center and a hospital at the Rochester psychiatric

center shall have a board of visitors consisting of at least seven, but

not more than ten members. Members appointed or reappointed after the

effective date of this chapter shall be appointed by the governor, by

and with the advice and consent of the senate. Members shall be

appointed for four year terms to expire on the thirty-first day of

December of the fourth year of the term of office provided however, when

more than three terms expire in any one year, members may be appointed

for terms of fewer years as designated by the governor so that no more

than three members' terms expire in any one year. All terms of office

shall expire on the thirty-first day of December of the designated year.

A member whose term has expired shall, however, remain in office until

such member's successor has been appointed and has taken office, or

until such members shall have resigned or have been removed from office

in the manner hereinafter provided. Should any member resign or be

removed from office, the governor shall promptly submit, for senate

consent, a successor candidate to fill the remaining term of the vacated

office. A visitor may be removed by the governor for cause after notice

and an opportunity for a hearing on the charges. In making appointments

to boards of visitors, the governor shall endeavor to ensure that the

membership of each such board shall adequately reflect the composition

of the community or communities served by the facility, that the

membership of each such board includes at least three individuals who

are parents or relatives of patients or of former patients and that the

remainder includes only those persons, including former patients, who

shall have expressed an active interest in, or shall have obtained

professional knowledge in the care of the mentally ill or in mental

health endeavors generally.

(b) No elected state officer or member of the legislature may serve as

a visitor.

(c) If the hospital serves an area, as established by the regulations

of the commissioner, the visitors shall reside at the time of

appointment or reappointment in such area. If no specific area is

designated but mental health regions have been duly established, the

visitors shall reside at the time of appointment or reappointment in the

mental health region in which the department facility is located.

(d) Each board shall, at the first meeting of each calendar year elect

one member to serve as president of the board and one member to serve as

secretary; provided however, that no member may serve for more than two

consecutive years as president.

(e) Visitors shall not receive compensation but shall be reimbursed

for their actual expenses in connection with their service as visitors.

(f) (1) Each board of visitors shall hold six bi-monthly regular

meetings annually, but a greater number of regular meetings may be

scheduled by the board. Each board of visitors shall establish in their

by-laws or otherwise, in writing, whether these six meetings shall be

held during months represented by odd numbers or months represented by

even numbers. The president of the board shall notify the chairman of

the commission on quality of care for the mentally disabled and the

facility director of the determination made concerning the designated

months for the six bi-monthly regular meetings. The president of the

board, the commissioner, the director, or the members as determined by

the rules of the board may call special meetings. The board may require

the director to submit a report at each meeting. Each board shall keep a

record of its proceedings and activities. A member of a board of

visitors who has failed to attend three consecutive bi-monthly regular

meetings shall be considered to have vacated his office unless otherwise

ordered by the governor. The board shall cause notice of any of its

public meetings to be sent to the mental hygiene legal service located

in the same judicial department as the hospital. The mental hygiene

legal service may send a representative to any such public meeting, and

may request the board to review patient complaints or investigate

alleged incidents of abuse or mistreatment. The board shall notify the

appropriate representative of the mental hygiene legal service of the

board's actions and findings in relation to any such request.

(2) The president of the board of visitors shall notify a member by

certified or registered mail with return receipt requested when such

member of the board has failed to attend any two consecutive bi-monthly

regular meetings. This notice shall be sent within ten days following

the second meeting and shall include the dates of the two meetings which

were missed, the date of the next bi-monthly regular meeting, and a

statement concerning the consequences of failure to attend the next

bi-monthly meeting.

(3) Within three days after the third consecutive absence at a

bi-monthly regular meeting by a member, the president of the board of

visitors shall notify, in writing, the governor, the commissioner, the

chairman of the commission on quality of care for the mentally disabled

and the facility director of such absences. The president of the board

of visitors shall send a copy of this notice to the member by registered

or certified mail return receipt requested. The member may petition the

governor to excuse his absences. If the governor does not excuse the

absences within forty-five days of the date of the third consecutive

meeting absence, the office of the member shall be deemed vacated.

(g) Upon the request of the commissioner or the director, or upon the

board's initiative, the board shall consult, advise, and work with the

director with respect to community relations, conditions at the

department facility, preliminary plans for construction and alterations,

and programs and activities of the department facility.

(h) Each board or any member of the board may visit and inspect the

department facility at any time without prior notice and may report on

conditions to the governor, to the commissioner and to the chairman of

the state commission on quality of care for the mentally disabled. In

addition, each board shall ensure that a member or committee of members

shall inspect the department facility once every three months without

prior notice. A report on conditions may be submitted to the governor,

to the commissioner or to the chairman of the state commission on

quality of care for the mentally disabled. Each board member shall visit

and inspect the facility at least twice during each calendar year.

Within thirty days after the conclusion of each calendar year the

president of the board of visitors shall notify the governor, the

commissioner, the chairman of the commission on quality of care for the

mentally disabled and the facility director, if any member of the board

has failed to visit and inspect the facility at least twice during that

year. The president of the board of visitors shall send a copy of this

notice by certified or registered mail return receipt requested to the

member to whom it pertains. A member of a board of visitors who has

failed to visit and inspect the facility at least twice a year shall be

considered to have vacated his office unless otherwise ordered by the

governor within forty-five days after the end of the calendar year. The

board shall have the power to investigate all charges against the

director and all cases of alleged patient abuse or mistreatment made

against any employee and shall have the power to interview patients and

employees of the facility in pursuit of such investigations. In

conducting such an investigation, the board shall have the power, in

accordance with the civil practice law and rules, to subpoena witnesses,

compel their testimony, administer oaths to witnesses, examine witnesses

under oath, and require the production of any books or papers deemed

relevant to the investigation. A board or a member may include in the

report or separately at any time any matter pertaining to the management

and affairs of the facility and may make recommendations to the

governor, to the commissioner and to the chairman of the state

commission on quality of care for the mentally disabled. Each board

member shall enter in a book, kept at each facility for that purpose,

the date of each visit.

(i) (1) Any member or members of the board may visit and inspect a

family care home, which is within the catchment area of the hospital on

the board of which such member or members serve. Such member or members

shall be granted access to such facility and to all books, records and

data pertaining to such facility deemed necessary for carrying out the

purposes of such visit. Information, books, records or data which are

confidential as provided by law shall be kept confidential and any

limitations on the release thereof imposed by law upon the party

furnishing the information, books, records or data shall apply to such

member or members of the board. After any such visits or inspection, a

report containing findings and recommendations may be submitted to the

governor, to the commissioner or to the state commission on quality of

care for the mentally disabled.

(2) Any member or members of the board may visit and inspect a

community residence or residential care center for adults, operated by

the office of mental health, which is within the catchment area of the

hospital on the board of which such member or members serve. Such member

or members shall be granted access to such facility and to all books,

records and data pertaining to such facility deemed necessary for

carrying out the purposes of such visit and inspection. Information,

books, records or data which are confidential as provided by law shall

be kept confidential and any limitations on the release thereof imposed

by law upon the party furnishing the information, books, records or data

shall apply to such member or members of the board. After any such

visits or inspection, a report containing findings and recommendations

shall be submitted promptly to the commissioner and to the chairman of

the state commission on quality of care for the mentally disabled.

(j) Once each year, each board shall make an independent assessment of

conditions at the facility and shall submit a report on the assessment

and recommendations to the governor, to the commissioner and to the

chairman of the state commission on quality of care for the mentally

disabled.

(k) The commissioner shall notify the board of visitors of a hospital

of the proposed appointment of a director to such facility or the

proposed transfer of a director from such facility, with a request that

the board report an expression of its opinion of the appointment or

transfer and, if it objects thereto, the reasons for such objection.

(l) The commissioner shall appoint representatives of the office to

serve as liaison between the office and the boards of visitors. At least

once each year such commissioner shall meet with the boards

collectively. The commissioner, or his designee, shall meet quarterly

with representatives of boards of visitors.

(m) Members of the boards of visitors shall be considered officers of

the department for the purposes of sections seventy-three, to the extent

provided therein, and seventy-four of the public officers law relating

to business or professional activities by state officers and employees

and the code of ethics.

(n) Each member shall attend, within one year of the initial

appointment or any subsequent reappointment, an orientation training

program provided by the commission on quality of care for the mentally

disabled for members of boards of visitors. The chairman of the

commission on quality of care for the mentally disabled shall notify the

governor and the appointed member of any such member's failure to attend

such a training program. A member who has failed to attend such a

training program scheduled for such member shall be considered to have

vacated his office unless otherwise ordered by the governor within

forty-five days after the notice.

Actions against persons rendering professional services at the

request of the office; defense and indemnification.

The provisions of section seventeen of the public officers law shall

apply to any physician, dentist, psychologist, nurse, optometrist,

licensed master social worker, or licensed clinical social worker,

licensed to practice pursuant to the education law, who is rendering

professional treatment authorized under such license at the request of

the office or an office facility to patients receiving care or

professional consultation from the office while rendering such

professional treatment.

Powers of the office and commissioner in relation to the planning

and referral of mentally ill children for adult services.

(a) As used in this section:

1. "report" means a report submitted to the office pursuant to

subparagraph five of paragraph b of subdivision one of section

forty-four hundred two of the education law or subdivision thirteen of

section three hundred ninety-eight of the social services law.

2. "child" means the child who is the subject of a report.

3. "local governmental unit" means a governmental unit as defined and

used in article forty-one of this chapter.

4. "voluntary agency" shall have the same meaning as that used in

article forty-one of this chapter.

(b) Upon receipt of a report, the commissioner shall review the report

and shall determine if the child will likely need adult services. If

necessary and appropriate, the commissioner may conduct an evaluation of

the child to determine if adult services will be needed. Such evaluation

shall include, but not be limited to, the medical, vocational or day

services and social needs of the child, the desires of the child and of

his or her parents or guardian, and the availability of appropriate

services. If the child will likely need adult services, the commissioner

shall develop a plan for continued care which shall include any

evaluation and shall identify those adult programs or services which may

be available and which are operated or licensed by the office and by the

local governmental unit of the county in which the child resides, or in

the event that the child resides in a county within the city of New

York, the local governmental unit of the city of New York. Such written

plan shall be made available to the individual, unless the individual

objects, and his or her parents or guardian as soon as practicable but

not later than one year before the individual attains the age of

twenty-one. If such recommendation has been made prior to one year

before the individual attains the age of twenty, the office shall

provide yearly updates until the individual attains the age of

twenty-one.

(c) If the commissioner determines, pursuant to subdivision (b) of

this section, that such child will not require adult services, the

commissioner shall notify the child's parent or guardian in writing of

such determination. Such notice shall be given as soon as practicable

but no later than six months before the child attains the age of

twenty-one.

(d) Notwithstanding subdivisions (b) and (c) of this section, the

commissioner may determine that the office is not responsible for

determining and recommending adult services for the child. When such a

determination is made it shall be made as soon as practicable after

receiving the report and the commissioner shall promptly notify in

writing the committee on special education, multidisciplinary team or

social services official who sent the report that such determination has

been made. Such notice shall state the reasons for the determination and

may recommend a state agency which may be responsible for determining

and recommending adult services.

(e) The commissioner may designate any qualified employee of the

office or any psychiatric center to carry out the functions described in

subdivisions (b), (c) and (d) of this section. The commissioner may

enter agreements with local governmental units and voluntary agencies to

provide the services described in subdivisions (b), (c) and (d) of this

section. Consistent with these agreements, the commissioner may

designate a local governmental unit or voluntary agency to carry out the

functions of the commissioner described in this section and the local

governmental unit or voluntary agency shall perform those functions.

(f) All information received by a local governmental unit or voluntary

agency pursuant to this section shall be subject to the confidentiality

requirements of the office.

(g) Nothing in this section shall be construed to create an

entitlement to adult services.

Transitional care.

(a) For purposes of this section, "transitional care" shall mean care

and maintenance of persons:

1. who were placed in foster care by a social services district

pursuant to article six of the social services law and who have become

twenty-one years of age, or who were placed in a residential educational

placement by a school district pursuant to article eighty-nine of the

education law and who are no longer eligible for free educational

services because they have completed the school year in which they

became twenty-one;

2. who were disabled and in need of residential care prior to becoming

age twenty-one or prior to becoming ineligible for free education

services and who have since remained continuously disabled and

continuously in need of residential care;

3. who became twenty-one or became ineligible for free educational

services prior to July first, nineteen hundred ninety-six;

4. with respect to whom the office has approved a plan of continued

out of home care for the person but has not yet identified a currently

available appropriate placement;

5. whose residential needs can be met by the facility in which the

persons resided prior to becoming age twenty-one or becoming ineligible

for free educational services; and

6. who on July first, nineteen hundred ninety-eight are in receipt of

transitional care, or who have continuously remained in the foster care

or residential education placement where they had received transitional

care.

(b) The office shall expend funds to provide transitional care as

described in this section.

(c) Expenditures pursuant to subdivision (b) of this section shall be

approved only if and to the extent that:

1. the office has an agreement with the residential facility for

continued care of qualified persons at rates which are no greater than

the rates that would have been available if such persons were under age

twenty-one;

2. the facility understands and agrees to the right of the office and

such other state offices as the office may deem appropriate to visit and

inspect the facilities and residents and to have access to any records

or information necessary to assure that the care provided is safe and

appropriate to the needs of any persons residing in the facility for

whom transitional care is being provided;

3. the payments are made subject to any other requirements identified

by the office; and

4. an application for supplemental security income benefits has been

submitted, and any supplemental security income benefits received by the

person, in excess of any reserved personal allowance amounts, shall be

applied to reduce the cost of transitional care.

(d) The office shall periodically forward to each facility that is

providing transitional care a statement of the obligations the facility

assumes by accepting payment pursuant to this section. The statement of

obligations shall be established by the office and provided to each

facility.

(e) The office shall discontinue payment for transitional care, in

accordance with procedures established by the office, for any

individual:

1. who has been offered an appropriate, available adult placement or

adult services, when such an offer has been made and accepted, or has

been made and upheld by an administrative hearing, or has been made and

the time to request an administrative appeal has expired;

2. whose continued placement in a child care facility or residential

school may adversely affect the health, safety or welfare of children

residing in the facility, based upon a determination by the education

department, or by the department of social services, and that the office

will, if necessary and appropriate, offer an adult placement to the

individual on an expedited basis; or

3. who is residing in a facility which has failed or refused to meet

its obligations pursuant to this section as a condition of funding, and

that the office will, if necessary and appropriate, offer an adult

placement to the individual on an expedited basis.

Additional duties of the office with respect to persons receiving

transitional care.

(a) The office shall, in consultation with the department of social

services, the education department, the office for people with

developmental disabilities, and the council on children and families,

develop a plan and implement procedures to help assure that all persons

who are at the age or time to first qualify for transitional care as

described in section 7.37-a of this article, and for whom the office has

accepted planning responsibilities, receive assistance in locating an

appropriate and available residential placement or plan of services,

within the state and within the system of care subject to the

jurisdiction of the office, prior to the age or time at which they would

otherwise have qualified for transitional care, if such individual had

become twenty-one or become ineligible for educational services prior to

July first, nineteen hundred ninety-six. For purposes of this section,

the age or time at which a person would qualify for transitional care is

twenty-one for persons in foster care, and the end of the school year in

which they become twenty-one for persons in residential schools.

(b) The office shall, in consultation with the department of social

services, the education department, the office for people with

developmental disabilities, and the council on children and families,

develop a plan and implement procedures to help assure that all persons

in transitional care receive assistance in locating appropriate and

available placements or services within the adult care systems

supervised or funded by the office, and to monitor the health and safety

of persons receiving transitional funding pursuant to section 7.37-a of

this article. In connection with the plans and procedures, the office

shall establish standards governing the quality of care provided to such

persons by the residential programs, including standards relating to the

development and monitoring of written individual services plans for each

such person, the involvement of the individual and, unless the

individual objects, parents, guardians or other persons interested in

the care of such persons in the development of written individual

services plans, and the investigation of complaints relating to the

quality of care or services provided to such persons. In appropriate

circumstances, the office shall work with the individual and, unless the

individual objects, the parents, guardians or other family members to

help determine what services would be necessary to enable the family to

provide care for the person at their home or in an independent community

setting, and shall provide or assist in arranging for those services to

the extent funds are available for that purpose.

(c) The office shall enter into a memorandum of understanding with the

department of social services to facilitate access by the office to

child care facilities providing transitional care to young adults as may

be necessary for the office to meet its responsibilities for monitoring

the care of the young adults.

(d) The office shall enter into memorandums of understanding with the

department of social services and the department of education to address

any requirements of those departments relating to the removal of any

person receiving transitional care from a child care facility or

residential school whose continuation in such facility or school may

adversely affect the health, safety or welfare of children residing in

the facility or school. The memorandum shall set forth the procedures

the office will follow in offering a placement or services in the adult

care system, if necessary and appropriate, on an expedited basis, or any

other procedures for assuring alternative care and services are

available to the young adult, and the manner in which the department of

social services or state education department will be informed of the

progress of those efforts.

(e) Upon making a determination that a person who is receiving

transitional care can be appropriately cared for in an available adult

care facility or service licensed, certified or approved by the office,

and whose removal from a child care facility is not required on an

expedited basis, the office shall notify the person and the person's

guardian, if one has been appointed, or another individual who has been

involved in the care of the person and who can represent the person's

interests, of the availability of an administrative appeal to review the

determination, and of the need to request such an appeal within thirty

days of the notice. If the person, guardian or other individual requests

an administrative appeal within the time required, the office shall

schedule a hearing and the commissioner or his or her designee shall

issue a determination within thirty days of the adjournment of the

hearing on whether the adult placement identified by the office is

appropriate to the needs of the person and is available or will become

available on an identified date certain. If the person, guardian or

other individual does not request a hearing within the time required, or

if the hearing results in a determination that the proposed adult

services or placement is appropriate to the needs of the person and is

available or will be available on an identified date certain, the office

shall discontinue transitional care funding for the person as of a date

certain.

(f) In any case where an individual receiving transitional funding is

about to be transferred from one facility to another, a transfer plan

shall be prepared by the sending facility and forwarded to the receiving

facility and the individual, and unless the individual objects, parents,

guardians or other persons interested in the care of such person prior

to the transfer. The transfer plan shall include any information

necessary to facilitate a safe transfer, such as specific problems, a

schedule for administering medications and behavior unique to the

individual.

(g) The office may make payments necessary to maintain individuals

described in subdivision (a) of this section in a child care facility or

residential school on an emergency basis where circumstances temporarily

prevent the transfer of individuals to adult services or placements.

Registration and notification of boards of directors or trustees

of certain voluntary not-for-profit facilities or corporations.

(a) Notwithstanding any other law, rule or regulation, the executive

director, chairperson or president of a voluntary, not-for-profit

corporation or facility which is subject to the jurisdiction of the

office of mental health shall furnish annually to the commissioner a

list of the names and addresses of the current members of the board of

directors or trustees of such facility or corporation. Failure to

furnish such annual list shall remove such facility or corporation from

consideration for recertification.

(b) In the event that such facility or corporation is found to be in

violation of the provisions of this chapter or of rules and regulations

promulgated by the commissioner pursuant to this chapter which could

result in the revocation, cancellation, limitation or suspension of the

operating certificate of such facility and if notice of such violation

is provided to the facility pursuant to such regulations, a copy of such

notice shall be provided to each of the current members of the board of

directors or trustees of such facility or corporation by the

commissioner.

(c) The commissioner is authorized to promulgate such rules and

regulations as are necessary to implement the provisions of this

section.

Geriatric service demonstration program.

(a) The office shall establish a geriatric service demonstration

program to provide grants, within appropriations therefor, to providers

of mental health care, substance use disorder services, compulsive

gambling services, or any combination thereof, to the elderly, including

organizations that provide health and aging services as well as mental

health, substance use disorder, and compulsive gambling organizations.

The office is also authorized, under the demonstration program, to

foster and support collaboration between providers of home care services

licensed or certified under article thirty-six of the public health law

and mental health providers for the integration of health and mental

health care, and for all other enumerated goals of this section. Such

program shall be administered by the office in cooperation with the

office of alcoholism and substance abuse services, the state office for

the aging and such other state agencies as the commissioner shall

determine are necessary for the operation of the program.

(b) Grants may be awarded by the office to providers of care to older

adults with mental disabilities, substance use disorder, compulsive

gambling, or any combination thereof, for the purposes which may include

one or more of the following:

(1) Community integration. Programs which enable older adults with

mental disabilities or older adults suffering from substance use

disorder or compulsive gambling to age safely in the community and

prevent the unnecessary use of institutional care;

(2) Improved quality of treatment. Programs for older adults which

improve the quality of mental health care, substance use disorder or

compulsive gambling services in the community or in residential

facilities;

(3) Integration of services. Programs which integrate mental health

and aging services with alcohol, drug, health and other support

services;

(4) Workforce. Programs which make more efficient use of mental

health, substance use disorder, compulsive gambling, health and aging

services professionals by developing alternative service roles for

paraprofessionals and volunteers, including peers, and programs more

effective in recruitment and retention of bi-lingual, bi-cultural or

culturally competent staff;

(5) Family support. Programs which provide support for family

caregivers, to include the provision of care to older adults by younger

family members and by older adults to younger family members;

(6) Finance. Programs which have developed and implemented innovative

financing methodologies to support the delivery of best practices;

(7) Specialized populations. Programs which concentrate on outreach

to, engagement of and effective treatment of cultural minorities or

veterans as defined in section eighty-five of the civil service law;

(8) Information clearinghouse. Programs which compile, distribute and

make available information on clinical developments, program innovations

and policy developments which improve the care to older adults with

mental disabilities or suffering from substance use disorder or

compulsive gambling; and

(9) Staff training. Programs which offer on-going training initiatives

including improved clinical and cultural skills, evidence based

geriatric mental health, substance use disorder and compulsive gambling

treatment skills, and the identification and management of mental,

behavioral and substance abuse disorders among older adults.

(c) The commissioner may adopt rules and regulations necessary to

implement the provisions of this section.

The children's plan.

The commissioner of mental health, in consultation with the state

council on children and families pursuant to section four hundred

eighty-three-f of the social services law, shall oversee the

implementation of the children's plan, developed pursuant to chapter six

hundred sixty-seven of the laws of two thousand six, and shall assist

such council with the development of future reports and plans. Both

short-term and long-term recommendations of such report shall also be

made a discrete part of the office of mental health's statewide

comprehensive five year plan.

Retaliatory personnel actions.

Employees of facilities, programs and providers operated, licensed,

certified, authorized or funded by the office shall have protection from

retaliatory action from employers as provided for in sections seven

hundred forty and seven hundred forty-one of the labor law.

Mental illness anti-stigma grants.

(a) The office shall develop and implement a program which provides

grants to organizations engaged in activities which eliminate the stigma

attached to mental illness and those with mental health needs.

(b) On or before the first day of February each year, the comptroller

shall certify to the governor, temporary president of the senate,

speaker of the assembly, chair of the senate finance committee and chair

of the assembly ways and means committee, the amount of money deposited

in the mental illness anti-stigma fund during the preceding calendar

year as the result of revenue derived pursuant to section six hundred

twenty-nine-a of the tax law.

(c) On or before the first day of February each year, the commissioner

of mental health shall provide a written report to the temporary

president of the senate, speaker of the assembly, chair of the senate

finance committee, chair of the assembly ways and means committee, chair

of the senate committee on mental health and developmental disabilities,

and chair of the assembly mental health committee. Such report shall

include how the monies of the fund were utilized during the preceding

calendar year and shall include:

(1) the amount of money dispersed from the fund;

(2) recipients of awards from the fund;

(3) the amount awarded to each; and

(4) the purposes for which such awards were granted.

* § 7.49 Reporting obligations.

The office shall post annually on or before January first on its

website:

(a) the number of defendants committed to the custody of the

commissioner by a final order of observation issued pursuant to section

730.40 of the criminal procedure law;

(b) the originating counties for such orders;

(c) the institutions to which the office designated such defendants

for observation;

(d) for defendants observed at a hospital operated by the office, the

rate of inpatient admission, the average length of stay, the number of

defendants who were referred to additional services, the number of

defendants who were not referred to additional services, and whether

discharge planning was conducted; and

(e) for defendants observed at a hospital not operated by the office,

the number of defendants admitted to the inpatient psychiatric unit and

the number of defendants evaluated and discharged without inpatient

admission.

* NB Effective January 1, 2027

Definitions.

As used in this article:

(a) "in need of care and treatment" means that a person has a mental

illness for which in-patient care and treatment in a hospital is

appropriate.

(b) "in need of involuntary care and treatment" means that a person

has a mental illness for which care and treatment as a patient in a

hospital is essential to such person's welfare and whose judgment is so

impaired that the person is unable to understand the need for such care

and treatment.

(c) "likelihood to result in serious harm" or "likely to result in

serious harm" means 1. a substantial risk of physical harm to the person

as manifested by threats of or attempts at suicide or serious bodily

harm or other conduct demonstrating that the person is dangerous to

themself, or 2. a substantial risk of physical harm to other persons as

manifested by homicidal or other violent behavior by which others are

placed in reasonable fear of serious physical harm, or 3. a substantial

risk of physical harm to the person due to an inability or refusal, as a

result of their mental illness, to provide for their own essential needs

such as food, clothing, necessary medical care, personal safety, or

shelter.

(d) "need for retention" means that a person who has been admitted to

a hospital pursuant to this article is in need of involuntary care and

treatment in a hospital for a further period.

(e) "record" of a patient shall consist of admission, transfer or

retention papers and orders, and accompanying data required by this

article and by the regulations of the commissioner.

(f) "director of community services" means the director of community

services appointed pursuant to article forty-one of this chapter.

(g) "qualified psychiatrist" means a physician licensed to practice

medicine in New York state who: 1. is a diplomate of the American board

of psychiatry and neurology or is eligible to be certified by that

board; or 2. is certified by the American osteopathic board of neurology

and psychiatry or is eligible to be certified by that board.

Admission to a hospital.

Unless otherwise specifically provided for by statute, a person with a

mental illness shall be admitted to a hospital as an in-patient only

pursuant to the provisions of this article, except that chemically

dependent patients may be admitted to chemical dependence facilities

operated by such hospitals under contract or agreement with the office

of alcoholism and substance abuse services in accordance with the

provisions of article twenty-two of this chapter. The section of the

mental hygiene law under which a patient is admitted or under which any

change of legal status is subsequently effected shall be stated in the

patient's record.

Examining physicians, examining psychiatric nurse practitioners

and medical certificates.

(a) A person is disqualified from acting as an examining physician or

examining psychiatric nurse practitioner in the following cases:

1. if they are a relative of the person applying for the admission or

of the person alleged to be mentally ill.

2. if they are a manager, trustee, visitor, proprietor, officer,

director, or stockholder of the hospital in which the patient is

hospitalized or to which it is proposed to admit such person, except as

otherwise provided in this chapter, or if they have any pecuniary

interest, directly or indirectly, in such hospital, provided that

receipt of fees, privileges, or compensation for treating or examining

patients in such hospital shall not be deemed to be a pecuniary

interest.

3. if they are on the staff of a proprietary facility to which it is

proposed to admit such person.

(b) A certificate, as required by this article, must show that the

person is mentally ill and shall be based on an examination of the

person alleged to be mentally ill made within ten days prior to the date

of admission. The date of the certificate shall be the date of such

examination. All certificates shall contain the facts and circumstances

upon which the judgment of the physician or psychiatric nurse

practitioner is based and shall show that the condition of the person

examined is such that they need involuntary care and treatment in a

hospital and such other information as the commissioner may by

regulation require.

Notice to all patients of their rights and of the availability of

the mental hygiene legal service.

(a) Immediately upon the admission of any patient to a hospital or

upon his conversion to a different status, the director shall inform the

patient in writing of his status, including the section of this chapter

under which he is hospitalized, and of his rights under this article,

including the availability of the mental hygiene legal service. At any

time thereafter, upon the request of the patient or of anyone on the

patient's behalf, the patient shall be permitted to communicate with the

mental hygiene legal service and avail himself of the facilities

thereof.

(b) The director of every hospital shall post copies of a notice, in a

form and manner to be determined by the commissioner, at places

throughout the hospital where such notice will be conspicuous and

visible to all patients, stating the following:

1. the availability of the mental hygiene legal service.

2. a general statement of the rights of patients under the various

admission or retention provisions of this article.

3. the right of the patient to communicate with the director, the

board of visitors, the commissioner of mental health, and the mental

hygiene legal service.

Notices to mental hygiene legal service concerning minors.

When any person under the age of eighteen years is admitted to or is

converted from one admission status to another in any hospital, written

notice of such admission or conversion shall be given to the mental

hygiene legal service within three days thereof and such notice shall

specify the age of and admission procedure applicable to such person. No

such person shall be transferred to any other hospital without the prior

consent of such person and the prior written consent of his parent or

legal guardian unless three days prior written notice of such proposed

transfer is given to the mental hygiene legal service and an opportunity

is afforded to the service to see such person and to review the proposed

transfer. Immediately upon release or transfer of any such person, the

director of the hospital shall give the mental hygiene legal service

written notice thereof.

* § 9.11 Patients' records.

Except as to informal patients and patients admitted pursuant to

section 9.39 or 9.40, the director of a hospital shall within five days,

excluding Sunday and holidays, after the admission of any patient

forward to the mental hygiene legal service a record of such patient and

shall simultaneously forward to the department such information from the

record as the commissioner by regulation shall require. Such information

from the record in the department shall be accessible only in the manner

set forth in section 33.13.

* NB Effective until July 1, 2027

* § 9.11 Patients' records.

Except as to informal patients and patients admitted pursuant to

section 9.39, the director of a hospital shall within five days,

excluding Sunday and holidays, after the admission of any patient

forward to the mental hygiene legal service a record of such patient and

shall simultaneously forward to the department such information from the

record as the commissioner by regulation shall require. Such information

from the record in the department shall be accessible only in the manner

set forth in section 33.13.

* NB Effective July 1, 2027

Voluntary admissions.

(a) The director of any hospital may receive as a voluntary patient

any suitable person in need of care and treatment, who voluntarily makes

written application therefor. If the person is under sixteen years of

age, the person may be received as a voluntary patient only on the

application of the parent, legal guardian, or next-of-kin of such

person, or, subject to the terms of any court order or any instrument

executed pursuant to section three hundred eighty-four-a of the social

services law, a social services official or authorized agency with care

and custody of such person pursuant to the social services law, the

director of the division for youth, acting in accordance with section

five hundred nine of the executive law, or a person or entity having

custody of the person pursuant to an order issued pursuant to section

seven hundred fifty-six or one thousand fifty-five of the family court

act. If the person is over sixteen and under eighteen years of age, the

director may, in his discretion, admit such person either as a voluntary

patient on his own application or on the application of the person's

parent, legal guardian, next-of-kin, or, subject to the terms of any

court order or any instrument executed pursuant to section three hundred

eighty-four-a of the social services law, a social services official or

authorized agency with care and custody of such person pursuant to the

social services law, the director of the division for youth, acting in

accordance with section five hundred nine of the executive law, provided

that such person knowingly and voluntarily consented to such application

in accordance with such section, or a person or entity having custody of

the person pursuant to an order issued pursuant to section seven hundred

fifty-six or one thousand fifty-five of the family court act.

(b) If such voluntary patient gives notice in writing to the director

of the patient's desire to leave the hospital, the director shall

promptly release the patient; provided, however, that if there are

reasonable grounds for belief that the patient may be in need of

involuntary care and treatment, the director may retain the patient for

a period not to exceed seventy-two hours from receipt of such notice.

Before the expiration of such seventy-two hour period, the director

shall either release the patient or apply to the supreme court or the

county court in the county where the hospital is located for an order

authorizing the involuntary retention of such patient. The application

and proceedings in connection therewith shall be in the manner

prescribed in this article for a court authorization to retain an

involuntary patient, except that notice of such application shall be

served forthwith and, if a hearing be demanded, the date for hearing to

be fixed by the court shall be at a time not later than three days from

the date such notice has been received by the court. If it be determined

by the court that the patient is mentally ill and in need of retention

for involuntary care and treatment in the hospital, the court shall

forthwith issue an order authorizing the retention of such patient for

care and treatment in the hospital, or, if requested by the patient, his

guardian, or committee, in such other non-public hospital as may be

within the financial means of the patient, for a period not exceeding

sixty days from the date of such order. Further application for

retention of the patient for periods not exceeding six months, one year,

and two year periods thereafter, respectively, may thereafter be made in

accordance with the provisions of this article.

In the case of a patient under eighteen years of age, such notice

requesting release of the patient may be given by the patient, by the

person who made application for his admission, by a person of equal or

closer relationship, or by the mental hygiene legal service. If such

notice be given by any other person, the director may in his discretion

refuse to discharge the patient and in the event of such refusal, such

other person or the mental hygiene legal service may apply to the

supreme court or to a county court for the release of the patient.

Informal admissions.

The director of any hospital approved by the commissioner for such

purpose may receive therein as an informal patient any suitable person

in need of care and treatment requesting admission thereto. Such person

may be admitted as a patient without making formal or written

application therefor and any such patient shall be free to leave such

hospital at any time after such admission.

Voluntary and informal admissions; suitability.

(a) In order for a person to be suitable for admission to a hospital

as a voluntary or informal patient, or for conversion to such status he

must be notified of and have the ability to understand the following:

1. that the hospital to which he is requesting admission is a hospital

for the mentally ill.

2. that he is making an application for admission.

3. the nature of the voluntary or informal status, as the case may be

and the provisions governing release or conversion to involuntary

status.

(b) The department shall have the power to examine the patients

admitted pursuant to this section and determine if they belong to the

voluntary or informal class. If it be determined that any such patient

does not belong to the voluntary or informal class, the department shall

determine whether the patient shall be discharged or whether procedures

shall be commenced for the admission of such patient to a hospital

pursuant to other sections of this article. The decision of the

department shall be forthwith complied with by the director or person in

charge of any such hospital. Any failure to conform to the requirements

of this section shall be considered a sufficient cause for revocation of

an operating certificate theretofore issued to a hospital.

Voluntary and informal admissions; notices.

The director shall cause all patients admitted as voluntary or

informal patients to be informed once during each one hundred twenty

days of hospitalization of their status and rights, including their

right to avail themselves of the facilities of the mental hygiene legal

service. At the time of such periodic notification, the written consent

of a patient to his continued stay as a voluntary or informal patient

shall be obtained and a copy thereof shall be given to the mental

hygiene legal service.

Voluntary and informal admissions; encouragement of.

(a) It shall be the duty of all state and local officers having duties

to perform relating to the mentally ill to encourage any person suitable

therefor and in need of care and treatment for mental illness to apply

for admission as a voluntary or informal patient.

(b) No requirement shall be made by rule, regulation, or otherwise as

a condition to admission or retention that any person applying for

admission shall have the legal capacity to contract.

(c) A person requesting admission to a hospital, who is suitable for

admission on a voluntary or informal status, shall be admitted only on

such a voluntary or informal status. The hospital shall, in such case,

have the discretion to admit the person on either such status, except

that, if the person specifically requests admission on an informal

status and is suitable therefor, he shall be admitted only on such

informal status.

Voluntary and informal admissions; conversion to.

(a) Nothing contained in this article shall be construed to prohibit

any director from converting, and it shall be his duty to convert, the

admission of any involuntary patient suitable and willing to apply

therefor to a voluntary status. The mental hygiene legal service shall

be given notice of every conversion from an involuntary status to a

voluntary status.

(b) Any patient converted from an involuntary status to a voluntary

status shall have the right to a judicial hearing before the supreme

court or a county court on the questions of his suitability for such

conversion and on his willingness to be so converted. The procedure for

requesting such a hearing, except as to time limitations and questions

to be determined, shall be pursuant to subdivisions (a) and (b) of

section 9.31 of this article.

Voluntary and informal admissions; review of status.

(a) No voluntary or informal patient, whether admitted on such status

or converted thereto, shall be continued in such status for a period

beyond twelve months from the date of commencement of such status or

beyond twelve months from the effective date of this statute, whichever

is later, unless the suitability of such patient to remain in such

status and his willingness to so remain have been reviewed. The director

shall review the suitability of such patient to remain in such status,

and the mental hygiene legal service shall review the willingness of

such patient to remain in such status. Notice of the determination of

the patient's suitability made by the director shall be given to the

mental hygiene legal service. If the mental hygiene legal service finds

that there is any ground to doubt the director's determination of the

suitability of such patient to remain in a voluntary or informal status

or the willingness of the patient to so remain, it shall make an

application upon notice to the patient and the director of the hospital,

for a court order determining those questions. In any such proceeding,

the patient or someone on his behalf or the mental hygiene legal service

may request a hearing. If the mental hygiene legal service finds no

grounds to doubt the determination of the director as to the

suitability, or the willingness of the patient to continue in a

voluntary or informal status, it shall so certify and the patient may be

continued in the hospital in such status. A copy of such certification

of review shall be filed in the patient's record.

(b) If an application for a court order has been made and a hearing is

requested, the provisions governing hearings contained in section 9.31

of this article shall be applicable.

(c) If an application for a court order has been made, the court, in

determining the proceeding, may approve the continued hospitalization of

the patient as a voluntary or informal patient or, if the court finds

that the patient is not suitable or willing to continue as a voluntary

or informal patient, it may order the discharge of the patient or make

such other order as it may deem appropriate in the circumstances.

(d) Prior to the termination of twelve months from the date of the

certification on such first review by the mental hygiene legal service

or, if an application for a court order has been made, from the date of

the first order and, thereafter, prior to the termination of twelve

months from any subsequent certification or subsequent order, as the

case may be, the director and the mental hygiene legal service shall

conduct another review of the patient's suitability and willingness to

remain as a voluntary or informal patient as set forth in the foregoing

subdivisions.

Involuntary admission on medical certification.

(a) The director of a hospital may receive and retain therein as a

patient any person alleged to be mentally ill and in need of involuntary

care and treatment upon the certificates of two examining physicians, or

upon the certificates of an examining physician and a psychiatric nurse

practitioner. Such certificates shall be accompanied by an application

for the admission of such person. The examination may be conducted

jointly but each certifying practitioner shall execute a separate

certificate.

(b) Such application must have been executed within ten days prior to

such admission. It may be executed by any one of the following:

1. any person with whom the person alleged to be mentally ill resides.

2. the father or mother, husband or wife, brother or sister, or the

child of any such person or the nearest available relative.

3. the committee of such person.

4. an officer of any public or well recognized charitable institution

or agency or home, including but not limited to the superintendent of a

correctional facility, as such term is defined in paragraph (a) of

subdivision four of section two of the correction law, in whose

institution the person alleged to be mentally ill resides and the

designee authorized by the commissioner of the department of corrections

and community supervision responsible for community supervision in the

region where such person alleged to be mentally ill has been released to

any form of supervision following incarceration.

5. the director of community services or social services official, as

defined in the social services law, of the city or county in which any

such person may be.

6. the director of the hospital or of a general hospital, as defined

in article twenty-eight of the public health law, in which the patient

is hospitalized.

7. the director or person in charge of a facility providing care to

alcoholics, or substance abusers or substance dependent persons.

8. the director of the division for youth, acting in accordance with

the provisions of section five hundred nine of the executive law.

9. subject to the terms of any court order or any instrument executed

pursuant to section three hundred eighty-four-a of the social services

law, a social services official or authorized agency which has, pursuant

to the social services law, care and custody or guardianship and custody

of a child over the age of sixteen.

10. subject to the terms of any court order a person or entity having

custody of a child pursuant to an order issued pursuant to section seven

hundred fifty-six or one thousand fifty-five of the family court act.

11. a qualified psychiatrist who is either supervising the treatment

of or treating such person for a mental illness in a facility licensed

or operated by the office of mental health.

(c) Such application shall contain a statement of the facts upon which

the allegation of mental illness and need for care and treatment are

based and shall be executed under penalty of perjury but shall not

require the signature of a notary public thereon.

(d) Before an examining physician or psychiatric nurse practitioner

completes the certificate of examination of a person for involuntary

care and treatment, they shall consider alternative forms of care and

treatment that might be adequate to provide for the person's needs

without requiring involuntary hospitalization. If the examining

physician or psychiatric nurse practitioner knows that the person they

are examining for involuntary care and treatment has been under prior

treatment, they shall, insofar as possible, consult with the physician

or psychologist furnishing such prior treatment prior to completing

their certificate. Nothing in this section shall prohibit or invalidate

any involuntary admission made in accordance with the provisions of this

chapter.

(e) The director of the hospital where such person is brought shall

cause such person to be examined forthwith by a physician who shall be a

member of the psychiatric staff of such hospital other than the original

examining physicians or psychiatric nurse practitioner whose certificate

or certificates accompanied the application and, if such person is found

to be in need of involuntary care and treatment, they may be admitted

thereto as a patient as herein provided.

(f) Following admission to a hospital, no patient may be sent to

another hospital by any form of involuntary admission unless the mental

hygiene legal service has been given notice thereof.

(g) Applications for involuntary admission of patients to residential

treatment facilities for children and youth or transfer of involuntarily

admitted patients to such facilities may be reviewed by the office or

commissioner's designee serving such facility in accordance with section

9.51 of this article and in consultation with the residential treatment

facility receiving an involuntary admission or transfer of an

involuntarily admitted patient.

(h) If a person is examined and determined to be mentally ill, the

fact that such person suffers from alcohol or substance abuse shall not

preclude commitment under this section.

(i) After an application for the admission of a person has been

completed and both certifying practitioners have examined such person

and separately certified that such person is mentally ill and in need of

involuntary care and treatment in a hospital, either certifying

practitioner is authorized to request peace officers, when acting

pursuant to their special duties, or police officers, who are members of

an authorized police department or force or of a sheriff's department,

to take into custody and transport such person to a hospital for

determination by the director whether such person qualifies for

admission pursuant to this section. Upon the request of either

certifying practitioner, an ambulance service, as defined by subdivision

two of section three thousand one of the public health law, is

authorized to transport such person to a hospital for determination by

the director whether such person qualifies for admission pursuant to

this section.

Involuntary admission on medical certification; notice of

admission to patients and others.

(a) The director shall cause written notice of a person's involuntary

admission on an application supported by medical certification to be

given forthwith to the mental hygiene legal service.

(b) The director shall cause written notice of the admission of such

person, including such person's rights under this article, to be given

personally or by mail not later than five days, excluding Sunday and

holidays, after such admission to the following:

1. the nearest relative of the person alleged to be mentally ill,

other than the applicant, if there be any such person known to the

director.

2. as many as three additional persons, if designated in writing to

receive such notice by the person so admitted.

Involuntary admission on medical certification; patient's right

to a hearing.

(a) If, at any time prior to the expiration of sixty days from the

date of involuntary admission of a patient on an application supported

by medical certification, he or any relative or friend or the mental

hygiene legal service gives notice in writing to the director of request

for hearing on the question of need for involuntary care and treatment,

a hearing shall be held as herein provided. The patient or person

requesting a hearing on behalf of the patient may designate the county

where the hearing shall be held, which shall be either in the county

where the hospital is located, the county of the patient's residence, or

the county in which the hospital to which the patient was first admitted

is located. Such hearing shall be held in the county so designated,

subject to application by any interested party, including the director,

for change of venue to any other county because of the convenience of

parties or witnesses or the condition of the patient upon notice to the

persons required to be served with notice of the patient's initial

admission.

(b) It shall be the duty of the director upon receiving notice of such

request for hearing to forward forthwith a copy of such notice with a

record of the patient to the supreme court or the county court in the

county designated by the applicant, if one be designated, or if no

designation be made, then to the supreme court or the county court in

the county where such hospital is located. A copy of such notice and

record shall also be given the mental hygiene legal service.

(c) The court which receives such notice shall fix the date of such

hearing at a time not later than five days from the date such notice is

received by the court and cause the patient, any other person requesting

the hearing, the director, the mental hygiene legal service, and such

other persons as the court may determine to be advised of such date.

Upon such date, or upon such other date to which the proceeding may be

adjourned, the court shall hear testimony and examine the person alleged

to be mentally ill, if it be deemed advisable in or out of court. If it

be determined that the patient is in need of retention, the court shall

deny the application for the patient's release. If the patient is in a

psychiatric hospital maintained by a political subdivision of the state

or in a general hospital the court, upon notice to the patient and the

mental hygiene legal service and an opportunity to be heard, may order

the patient transferred to the jurisdiction of the department for

retention in a hospital operated by the state designated by the

commissioner or to a private facility having an appropriate operating

certificate for retention therein for the balance of the period for

which the hospital is authorized to retain the patient. If it appears,

however, that the relatives of the patient or a committee of his person

are willing and able properly to care for him at some place other than a

hospital, then, upon their written consent, the court may order the

transfer of the patient to the care and custody of such relatives or

such committee. If it be determined that the patient is not mentally ill

or not in need of retention, the court shall order the release of the

patient.

(d) If the court shall order the release of the patient, such patient

shall forthwith be released.

(e) The department or the director of the hospital authorized to

retain or receive and retain such patient, as the case may be, shall be

immediately furnished with a copy of the order of the court and, if a

transfer is ordered, shall immediately make provisions for the transfer

of such patient.

(f) The papers in any proceeding under this article which are filed

with the county clerk shall be sealed and shall be exhibited only to the

parties to the proceeding or someone properly interested, upon order of

the court.

Court authorization to retain an involuntary patient.

(a) If the director shall determine that a patient admitted upon an

application supported by medical certification, for whom there is no

court order authorizing retention for a specified period, is in need of

retention and if such patient does not agree to remain in such hospital

as a voluntary patient, the director shall apply to the supreme court or

the county court in the county where the hospital is located for an

order authorizing continued retention. Such application shall be made no

later than sixty days from the date of involuntary admission on

application supported by medical certification or thirty days from the

date of an order denying an application for patient's release pursuant

to section 9.31, whichever is later; and the hospital is authorized to

retain the patient for such further period during which the hospital is

authorized to make such application or during which the application may

be pending. The director shall cause written notice of such application

to be given the patient and a copy thereof shall be given personally or

by mail to the persons required by this article to be served with notice

of such patient's initial admission and to the mental hygiene legal

service. Such notice shall state that a hearing may be requested and

that failure to make such a request within five days, excluding Sunday

and holidays, from the date that the notice was given to the patient

will permit the entry without a hearing of an order authorizing

retention.

(b) If no request is made for a hearing on behalf of the patient

within five days, excluding Sunday and holidays, from the date such

notice of such application was given such patient, and if the mental

hygiene legal service has not requested a hearing, the court receiving

the application may, if satisfied that the patient requires continued

retention for care and treatment or transfer and continued retention,

immediately issue an order authorizing continued retention of such

patient in such hospital for a period not to exceed six months from the

date of the order or, if such patient is in a psychiatric hospital

operated by a political subdivision of the state or in a general

hospital, such order may direct the transfer of such patient to the

jurisdiction of the department for retention in a hospital operated by

the state or to a private facility having an appropriate operating

certificate, to be retained therein for a period not to exceed six

months from the date of such order.

(c) Upon the demand of the patient or of anyone on his behalf or upon

request of the mental hygiene legal service, the court shall, or may on

its own motion, fix a date for the hearing of the application, in like

manner as is provided for hearings in section 9.31. The provisions of

such section shall apply to the procedure for obtaining and holding a

hearing and to the granting or refusal to grant an order of retention by

the court, except that if the patient has already had a hearing, he

shall not have the right to designate initially the county in which the

hearing shall be held.

(d) If the director of a hospital, in which a patient is retained

pursuant to the foregoing subdivisions of this section, shall determine

that the condition of such patient requires his further retention in a

hospital, he shall, if such patient does not agree to remain in such

hospital as a voluntary patient, apply during the period of retention

authorized by the last order of the court to the supreme court or the

county court in the county where the hospital is located for an order

authorizing further continued retention of such patient. The procedures

for obtaining any order pursuant to this subdivision shall be in

accordance with the provisions of the foregoing subdivisions of this

section; provided that the patient or anyone on his behalf or the mental

hygiene legal service may request that the patient be brought personally

before the court, in which case the court shall not grant an order for

periods of one year or longer unless such patient shall have appeared

personally before the court. The period for continued retention pursuant

to the first order obtained under this subdivision shall authorize

further continued retention of the patient for not more than one year

from the date of the order. The period for the further continued

retention of the patient authorized by any subsequent order under this

subdivision shall be for periods not to exceed two years each from the

date of the order.

Review of court authorization to retain an involuntary patient.

If a person who has been denied release or whose retention, continued

retention, or transfer and continued retention has been authorized

pursuant to this article, or any relative or friend in his behalf, be

dissatisfied with any such order he may, within thirty days after the

making of any such order, obtain a rehearing and a review of the

proceedings already had and of such order upon a petition to a justice

of the supreme court other than the judge or justice presiding over the

court making such order. Such justice shall cause a jury to be summoned

and shall try the question of the mental illness and the need for

retention of the patient so authorized to be retained. Any such patient

or the person applying on his behalf for such review may waive the trial

of the fact by a jury and consent in writing to trial of such fact by

the court. No such petition for rehearing and review shall be made by

anyone other than the person so authorized to be retained or the father,

mother, husband, wife, or child of such person, unless the petitioner

shall have first obtained the leave of the court upon good cause shown.

If the verdict of the jury, or the decision of the court when jury trial

has been waived, be that such person does not have a mental illness or

is not in need of retention the justice shall forthwith discharge him,

but if the verdict of the jury, or the decision of the court where a

jury trial has been waived, be that such person has a mental illness and

is in need of retention the justice shall certify that fact and make an

order authorizing continued retention under the original order. Such

order shall be presented, at the time of authorization of continued

retention of such mentally ill person, to, and filed with, the director

of the hospital in which the person with a mental illness is authorized

to be retained, and a copy thereof shall be forwarded to the department

by such director and filed in the office thereof. Proceedings under the

order shall not be stayed pending an appeal therefrom, except upon an

order of a justice of the supreme court, made upon a notice and after a

hearing, with provisions made therein for such temporary care or

confinement of the alleged person with a mental illness as may be deemed

necessary.

Involuntary admission on certificate of a director of community

services or his designee.

* (a) The director of a hospital, upon application by a director of

community services or an examining physician duly designated by him or

her, may receive and care for in such hospital as a patient any person

who, in the opinion of the director of community services or the

director's designee, has a mental illness for which immediate inpatient

care and treatment in a hospital is appropriate and which is likely to

result in serious harm to himself or herself or others.

The need for immediate hospitalization shall be confirmed by a staff

physician of the hospital prior to admission. Within seventy-two hours,

excluding Sunday and holidays, after such admission, if such patient is

to be retained for care and treatment beyond such time and he or she

does not agree to remain in such hospital as a voluntary patient, the

certificate of another examining physician who is a member of the

psychiatric staff of the hospital that the patient is in need of

involuntary care and treatment shall be filed with the hospital. From

the time of his or her admission under this section the retention of

such patient for care and treatment shall be subject to the provisions

for notice, hearing, review, and judicial approval of continued

retention or transfer and continued retention provided by this article

for the admission and retention of involuntary patients, provided that,

for the purposes of such provisions, the date of admission of the

patient shall be deemed to be the date when the patient was first

received in the hospital under this section.

* NB Effective until July 1, 2027

* (a) The director of a hospital, upon application by a director of

community services or an examining physician duly designated by them,

may receive and care for in such hospital as a patient any person who,

in the opinion of the director of community services or their designee,

has a mental illness for which immediate inpatient care and treatment in

a hospital is appropriate and which is likely to result in serious harm

to themself or others. "Likelihood of serious harm" shall mean:

1. substantial risk of physical harm to themself as manifested by

threats of or attempts at suicide or serious bodily harm or other

conduct demonstrating that they are dangerous to themself, or

2. a substantial risk of physical harm to other persons as manifested

by homicidal or other violent behavior by which others are placed in

reasonable fear or serious physical harm, or

3. a substantial risk of physical harm to the person due to an

inability or refusal, as a result of their mental illness, to provide

for their own essential needs such as food, clothing, necessary medical

care, personal safety, or shelter.

The need for immediate hospitalization shall be confirmed by a staff

physician of the hospital prior to admission. Within seventy-two hours,

excluding Sunday and holidays, after such admission, if such patient is

to be retained for care and treatment beyond such time and they do not

agree to remain in such hospital as a voluntary patient, the certificate

of another examining physician who is a member of the psychiatric staff

of the hospital that the patient is in need of involuntary care and

treatment shall be filed with the hospital. From the time of their

admission under this section the retention of such patient for care and

treatment shall be subject to the provisions for notice, hearing,

review, and judicial approval of continued retention or transfer and

continued retention provided by this article for the admission and

retention of involuntary patients, provided that, for the purposes of

such provisions, the date of admission of the patient shall be deemed to

be the date when the patient was first received in the hospital under

this section.

* NB Effective July 1, 2027

(b) The application for admission of a patient pursuant to this

section shall be based upon a personal examination by a director of

community services or his designee. It shall be in writing and shall be

filed with the director of such hospital at the time of the patient's

reception, together with a statement in a form prescribed by the

commissioner giving such information as he may deem appropriate.

(c) Notwithstanding the provisions of subdivision (b) of this section,

in counties with a population of less than two hundred thousand, a

director of community services who is a licensed psychologist pursuant

to article one hundred fifty-three of the education law or a licensed

clinical social worker pursuant to article one hundred fifty-four of the

education law but who is not a physician may apply for the admission of

a patient pursuant to this section without a medical examination by a

designated physician, if a hospital approved by the commissioner

pursuant to section 9.39 of this article is not located within thirty

miles of the patient, and the director of community services has made a

reasonable effort to locate a designated examining physician but such a

designee is not immediately available and the director of community

services, after personal observation of the person, reasonably believes

that he may have a mental illness which is likely to result in serious

harm to himself or others and inpatient care and treatment of such

person in a hospital may be appropriate. In the event of an application

pursuant to this subdivision, a physician of the receiving hospital

shall examine the patient and shall not admit the patient unless he or

she determines that the patient has a mental illness for which immediate

inpatient care and treatment in a hospital is appropriate and which is

likely to result in serious harm to himself or others. If the patient is

admitted, the need for hospitalization shall be confirmed by another

staff physician within twenty-four hours. An application pursuant to

this subdivision shall be in writing and shall be filed with the

director of such hospital at the time of the patient's reception,

together with a statement in a form prescribed by the commissioner

giving such information as he may deem appropriate, including a

statement of the efforts made by the director of community services to

locate a designated examining physician prior to making an application

pursuant to this subdivision.

(d) After signing the application, the director of community services

or the director's designee shall be authorized and empowered to take

into custody, detain, transport, and provide temporary care for any such

person. Upon the written request of such director or the director's

designee it shall be the duty of peace officers, when acting pursuant to

their special duties, or police officers who are members of the state

police or of an authorized police department or force or of a sheriff's

department to take into custody and transport any such person as

requested and directed by such director or designee. Upon the written

request of such director or designee, an ambulance service, as defined

in subdivision two of section three thousand one of the public health

law, is authorized to transport any such person.

(e) Reasonable expenses incurred by the director of community mental

hygiene services or his designee for the examination and temporary care

of the patient and his transportation to and from the hospital shall be

a charge upon the county from which the patient was admitted and shall

be paid from any funds available for such purposes.

(f) The provisions of this section shall not be applicable to continue

any patient in a hospital who has already been admitted to the hospital

under this or any other section of this article.

(g) If a person is examined and determined to be mentally ill the fact

that such person suffers from alcohol or substance abuse shall not

preclude commitment under this section.

Emergency admissions for immediate observation, care, and

treatment.

(a) The director of any hospital maintaining adequate staff and

facilities for the observation, examination, care, and treatment of

persons alleged to be mentally ill and approved by the commissioner to

receive and retain patients pursuant to this section may receive and

retain therein as a patient for a period of fifteen days any person

alleged to have a mental illness for which immediate observation, care,

and treatment in a hospital is appropriate and which is likely to result

in serious harm to themself or others. "Likelihood to result in serious

harm" as used in this section shall mean:

1. substantial risk of physical harm to themself as manifested by

threats of or attempts at suicide or serious bodily harm or other

conduct demonstrating that they are dangerous to themself, or

2. a substantial risk of physical harm to other persons as manifested

by homicidal or other violent behavior by which others are placed in

reasonable fear of serious physical harm, or

3. a substantial risk of physical harm to the person due to an

inability or refusal, as a result of their mental illness, to provide

for their own essential needs such as food, clothing, necessary medical

care, personal safety, or shelter.

The director shall cause to be entered upon the hospital records the

name of the person or persons, if any, who have brought such person to

the hospital and the details of the circumstances leading to the

hospitalization of such person. The director shall, in accordance with

section 33.13 of this chapter, upon admission of a person under this

section, ensure that reasonable efforts are made to identify and

promptly notify any community provider of mental health services that

maintains such person on its caseload that such person has been received

for examination under this section.

The director shall admit such person pursuant to the provisions of

this section only if a staff physician of the hospital upon examination

of such person finds that such person qualifies under the requirements

of this section. Such person shall not be retained for a period of more

than forty-eight hours unless within such period such finding is

confirmed after examination by another physician who shall be a member

of the psychiatric staff of the hospital. Such person shall be served,

at the time of admission, with written notice of their status and rights

as a patient under this section. Such notice shall contain the patient's

name. At the same time, such notice shall also be given to the mental

hygiene legal service and personally or by mail to such person or

persons, not to exceed three in number, as may be designated in writing

to receive such notice by the person alleged to be mentally ill. If at

any time after admission, the patient, any relative, friend, or the

mental hygiene legal service gives notice to the director in writing of

request for court hearing on the question of need for immediate

observation, care, and treatment, a hearing shall be held as herein

provided as soon as practicable but in any event not more than five days

after such request is received, except that the commencement of such

hearing may be adjourned at the request of the patient. It shall be the

duty of the director upon receiving notice of such request for hearing

to forward forthwith a copy of such notice with a record of the patient

to the supreme court or county court in the county where such hospital

is located. A copy of such notice and record shall also be given to the

mental hygiene legal service. The court which receives such notice shall

fix the date of such hearing and cause the patient or other person

requesting the hearing, the director, the mental hygiene legal service

and such other persons as the court may determine to be advised of such

date. Upon such date, or upon such other date to which the proceeding

may be adjourned, the court shall hear testimony and examine the person

alleged to be mentally ill, if it be deemed advisable in or out of

court, and shall render a decision in writing that there is reasonable

cause to believe that the patient has a mental illness for which

immediate inpatient care and treatment in a hospital is appropriate and

which is likely to result in serious harm to themself or others. If it

be determined that there is such reasonable cause, the court shall

forthwith issue an order authorizing the retention of such patient for

any such purpose or purposes in the hospital for a period not to exceed

fifteen days from the date of admission. Any such order entered by the

court shall not be deemed to be an adjudication that the patient is

mentally ill, but only a determination that there is reasonable cause to

retain the patient for the purposes of this section.

(a-1) 1. If a patient admitted under this section is discharged at any

time before such patient has been admitted to a psychiatric center or

inpatient psychiatric service subject to licensure by the office of

mental health, the facility shall:

(i) advise such patient of clinically appropriate follow up services;

and

(ii) for individuals with complex needs, as defined by the regulations

of the office:

(A) for individuals in care management programs, coordinate discharge

planning with such care management program; and

(B) provide referrals, if clinically appropriate and available, for

care management services, community-based services, residential

services, or peerbased programs.

2. Discharges pursuant to this subdivision shall comply with discharge

obligations under article twenty-eight of the public health law and the

regulations of the department of health, as applicable.

(b) Within fifteen days of arrival at the hospital, if a determination

is made that the person is not in need of involuntary care and

treatment, he shall be discharged unless he agrees to remain as a

voluntary or informal patient. If he is in need of involuntary care and

treatment and does not agree to remain as a voluntary or informal

patient, he may be retained beyond such fifteen day period only by

admission to such hospital or another appropriate hospital pursuant to

the provisions governing involuntary admission on application supported

by medical certification and subject to the provisions for notice,

hearing, review, and judicial approval of retention or transfer and

retention governing such admissions, provided that, for the purposes of

such provisions, the date of admission of the patient shall be deemed to

be the date when the patient was first received under this section. If a

hearing has been requested pursuant to the provisions of subdivision

(a), the filing of an application for involuntary admission on medical

certification shall not delay or prevent the holding of the hearing.

(c) If a person is examined and determined to be mentally ill the fact

that such person suffers from alcohol or substance abuse shall not

preclude commitment under this section.

* § 9.40 Emergency observation, care and treatment in comprehensive

psychiatric emergency programs.

(a) The director of any comprehensive psychiatric emergency program

may receive and retain therein for a period not to exceed seventy-two

hours, any person alleged to have a mental illness for which immediate

observation, care and treatment in such program is appropriate and which

is likely to result in serious harm to the person or others. The

director shall cause to be entered upon the program records the name of

the person or persons, if any, who have brought the person alleged to

have a mental illness to the program and the details of the

circumstances leading the person or persons to bring the person alleged

to have a mental illness to the program. The director shall, in

accordance with section 33.13 of this chapter, upon receipt of a person

under this section, ensure that reasonable efforts are made to identify

and promptly notify any community provider of mental health services

that maintains such person on its caseload.

(a-1) The director shall cause triage and referral services to be

provided by a psychiatric nurse practitioner or physician of the program

as soon as such person is received into the comprehensive psychiatric

emergency program. After receiving triage and referral services, such

person shall be appropriately treated and discharged, or referred for

further crisis intervention services including an examination by a

physician as described in subdivision (b) of this section.

(b) The director shall cause examination of such persons not

discharged after the provision of triage and referral services to be

initiated by a staff physician of the program as soon as practicable and

in any event within six hours after the person is received into the

program's emergency room. Such person may be retained for observation,

care and treatment and further examination for up to twenty-four hours

if, at the conclusion of such examination, such physician determines

that such person may have a mental illness for which immediate

observation, care and treatment in a comprehensive psychiatric emergency

program is appropriate, and which is likely to result in serious harm to

the person or others.

(c) No person shall be involuntarily retained in accordance with this

section for more than twenty-four hours, unless (i) within that time the

determination of the examining staff physician has been confirmed after

examination by another physician who is a member of the psychiatric

staff of the program and (ii) the person is admitted to an extended

observation bed, as such term is defined in section 31.27 of this

chapter. At the time of admission to an extended observation bed, such

person shall be served with written notice of his status and rights as a

patient under this section. Such notice shall contain the patient's

name. The notice shall be provided to the same persons and in the manner

as if provided pursuant to subdivision (a) of section 9.39 of this

article. Written requests for court hearings on the question of need for

immediate observation, care and treatment shall be made, and court

hearings shall be scheduled and held, in the manner provided pursuant to

subdivision (a) of section 9.39 of this article, provided however, if a

person is removed or admitted to a hospital pursuant to subdivision (e)

or (f) of this section the director of such hospital shall be

substituted for the director of the comprehensive psychiatric emergency

program in all legal proceedings regarding the continued retention of

the person.

(d) If at any time it is determined that the person is no longer in

need of immediate observation, care and treatment in accordance with

this section and is not in need of involuntary care and treatment in a

hospital, such person shall be released without regard to the provisions

of section 29.15 of this chapter, unless such person agrees to be

admitted to another appropriate hospital as a voluntary or informal

patient. Provided, however, the facility shall:

1. advise such person of clinically appropriate aftercare services;

and

2. for individuals with complex needs, as defined by the regulations

of the office:

(i) for individuals in care management programs, coordinate discharge

planning with the care management program; and

(ii) provide referrals, if clinically appropriate and available, for

care management services, community-based services, residential

services, or peerbased programs; and

3. comply with additional requirements as may be set forth by the

regulations of the office of mental health.

(e) If at any time within the seventy-two hour period it is determined

that such person continues to require immediate observation, care and

treatment in accordance with this section and such requirement is likely

to continue beyond the seventy-two hour period, such person shall be

removed within a reasonable period of time to an appropriate hospital

authorized to receive and retain patients pursuant to section 9.39 of

this article and such person shall be evaluated for admission and, if

appropriate, shall be admitted to such hospital in accordance with

section 9.39 of this article, except that if the person is admitted, the

fifteen day retention period of subdivision (b) of section 9.39 of this

article shall be calculated from the time such person was initially

registered into the emergency room of the comprehensive psychiatric

emergency program. Any person removed to a hospital pursuant to this

paragraph shall be removed without regard to the provisions of section

29.11 or 29.15 of this chapter and shall not be considered to have been

transferred or discharged to another hospital.

(f) Nothing in this section shall preclude the involuntary admission

of a person to an appropriate hospital pursuant to the provisions of

this article if at any time during the seventy-two hour period it is

determined that the person is in need of involuntary care and treatment

in a hospital and the person does not agree to be admitted to a hospital

as a voluntary or informal patient. Efforts shall be made to assure that

any arrangements for such involuntary admissions in an appropriate

hospital shall be made within a reasonable period of time.

(g) If a person is examined and determined to be mentally ill the fact

that such person suffers from alcohol or substance abuse shall not

preclude receipt or retention under this section.

(h) All time periods referenced in this section shall be calculated

from the time such person is initially registered into the emergency

room of the comprehensive psychiatric emergency program.

* NB Repealed July 1, 2027

* § 9.41 Emergency assessment for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

(a) Any peace officer, when acting pursuant to their special duties,

or police officer who is a member of the state police or of an

authorized police department or force or of a sheriff's department may

take into custody any person who appears to be mentally ill and is

conducting themself in a manner which is likely to result in serious

harm to the person or others. Such officer may direct the removal of

such person or remove such person to any hospital specified in

subdivision (a) of section 9.39 of this article, or any comprehensive

psychiatric emergency program specified in subdivision (a) of section

9.40 of this article, or pending such person's examination or admission

to any such hospital or program, temporarily detain any such person in

another safe and comfortable place, in which event, such officer shall

immediately notify the director of community services or, if there be

none, the health officer of the city or county of such action. Provided,

however, a peace officer or police officer directing the removal of a

person who is conducting themself in a manner which is likely to result

in serious harm as defined by paragraph three of subdivision (c) of

section 9.01 of this chapter, shall request the transport of such person

be conducted by emergency medical services, if practicable based on: the

person's potential medical needs and the capacity limits of the local

emergency medical services agencies, as determined by the local

emergency medical services agencies; and the safety of the person being

removed, as determined by the officer.

(b) A person otherwise determined to meet the criteria for an

emergency assessment pursuant to this section may voluntarily agree to

be transported to a crisis stabilization center under section 36.01 of

this chapter for care and treatment and, in accordance with this

article, an assessment by the crisis stabilization center determines

that they are able to meet the service needs of the person.

* NB Effective until July 1, 2027

* § 9.41 Emergency admissions for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

Any peace officer, when acting pursuant to their special duties, or

police officer who is a member of the state police or of an authorized

police department or force or of a sheriff's department may take into

custody any person who appears to be mentally ill and is conducting

themself in a manner which is likely to result in serious harm to

themself or others. Such officer may direct the removal of such person

or remove such person to any hospital specified in subdivision (a) of

section 9.39 of this article or, pending such person's examination or

admission to any such hospital, temporarily detain any such person in

another safe and comfortable place, in which event, such officer shall

immediately notify the director of community services or, if there be

none, the health officer of the city or county of such action. Provided,

however, a peace officer or police officer directing the removal of a

person who is conducting themself in a manner which is likely to result

in serious harm as defined by paragraph three of subdivision (c) of

section 9.01 of this article, shall request the transport of such person

be conducted by emergency medical services, if practicable based on: the

person's potential medical needs and the capacity limits of the local

emergency medical services agencies, as determined by the local

emergency medical services agencies; and the safety of the person being

removed, as determined by the officer.

* NB Effective July 1, 2027

* § 9.43 Emergency assessment for immediate observation, care, and

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed

by verified statement that a person is apparently mentally ill and is

conducting himself or herself in a manner which in a person who is not

mentally ill would be deemed disorderly conduct or which is likely to

result in serious harm to himself or herself, such court shall issue a

warrant directing that such person be brought before it. If, when said

person is brought before the court, it appears to the court, on the

basis of evidence presented to it, that such person has or may have a

mental illness which is likely to result in serious harm to himself or

herself or others, the court shall issue a civil order directing his or

her removal to any hospital specified in subdivision (a) of section 9.39

of this article or any comprehensive psychiatric emergency program

specified in subdivision (a) of section 9.40 of this article, or to any

crisis stabilization center specified in section 36.01 of this chapter

when the court deems such center is appropriate and where such person

voluntarily agrees; that is willing to receive such person for a

determination by the director of such hospital, program or center

whether such person should be received therein pursuant to such section.

(b) Whenever a person before a court in a criminal action appears to

have a mental illness which is likely to result in serious harm to

himself or herself or others and the court determines either that the

crime has not been committed or that there is not sufficient cause to

believe that such person is guilty thereof, the court may issue a civil

order as above provided, and in such cases the criminal action shall

terminate.

* NB Effective until July 1, 2027

* § 9.43 Emergency admissions for immediate observation, care, and

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed

by verified statement that a person is apparently mentally ill and is

conducting himself in a manner which in a person who is not mentally ill

would be deemed disorderly conduct or which is likely to result in

serious harm to himself or others as defined in section 31.39, such

court shall issue a warrant directing that such person be brought before

it. If, when said person is brought before the court, it appears to the

court, on the basis of evidence presented to it, that such person has or

may have a mental illness which is likely to result in serious harm to

himself or others, the court shall issue a civil order directing his

removal to any hospital specified in subdivision (a) of section 31.39

willing to receive such person for a determination by the director of

such hospital whether such person should be retained therein pursuant to

such section.

(b) Whenever a person before a court in a criminal action appears to

have a mental illness which is likely to result in serious harm to

himself or others and the court determines either that the crime has not

been committed or that there is not sufficient cause to believe that

such person is guilty thereof, the court may issue a civil order as

above provided, and in such cases the criminal action shall terminate.

* NB Effective July 1, 2027

* § 9.45 Emergency assessment for immediate observation, care, and

treatment; powers of directors of community services.

(a) The director of community services or the director's designee

shall have the power to direct the removal of any person, within their

jurisdiction, to a hospital approved by the commissioner pursuant to

subdivision (a) of section 9.39 of this article, or to a comprehensive

psychiatric emergency program pursuant to subdivision (a) of section

9.40 of this article, if the parent, adult sibling, spouse, domestic

partner as defined in section twenty-nine hundred ninety-four-a of the

public health law or child of the person, the committee or legal

guardian of the person, a licensed psychologist, registered professional

nurse or certified social worker currently responsible for providing

treatment services to the person, a supportive or intensive case manager

currently assigned to the person by a case management program which

program is approved by the office of mental health for the purpose of

reporting under this section, a licensed physician, health officer,

peace officer or police officer reports to the director of community

services or the director's designee that such person has a mental

illness for which immediate care and treatment is appropriate and that

is likely to result in serious harm to self or others. It shall be the

duty of peace officers, when acting pursuant to their special duties, or

police officers who are members of an authorized police department, or

force or of a sheriff's department to assist representatives of such

director to take into custody and transport any such person. Upon the

request of a director of community services or the director's designee,

an ambulance service, as defined in subdivision two of section three

thousand one of the public health law, is authorized to transport any

such person. Such person may then be retained in a hospital pursuant to

the provisions of section 9.39 of this article or in a comprehensive

psychiatric emergency program pursuant to the provisions of section 9.40

of this article.

(b) A person otherwise determined to meet the criteria for an

emergency assessment pursuant to this section may voluntarily agree to

be transported to a crisis stabilization center under section 36.01 of

this chapter for care and treatment and, in accordance with this

article, an assessment by the crisis stabilization center determines

that they are able to meet the service needs of the person.

* NB Effective until July 1, 2027

* § 9.45 Emergency admissions for immediate observation, care, and

treatment; powers of directors of community services.

The director of community services or the director's designee shall

have the power to direct the removal of any person, within their

jurisdiction, to a hospital approved by the commissioner pursuant to

subdivision (a) of section 9.39 of this article if the parent, spouse,

domestic partner as defined in section twenty-nine hundred ninety-four-a

of the public health law or child of the person, a licensed physician,

health officer, peace officer or police officer reports to such director

of community services or the director's designee that such person has a

mental illness for which immediate care and treatment in a hospital is

appropriate and which is likely to result in serious harm to self or

others, as defined in section 9.39 of this article. It shall be the duty

of peace officers, when acting pursuant to their special duties, or

police officers, who are members of an authorized police department or

force or of a sheriff's department to assist representatives of such

director to take into custody and transport any such person. Upon the

request of a director of community services or their designee an

ambulance service, as defined in subdivision two of section three

thousand one of the public health law, is authorized to transport any

such person. Such person may then be retained pursuant to the provisions

of section 9.39 of this article.

* NB Effective July 1, 2027

Reports of substantial risk or threat of harm by mental health

professionals.

(a) For purposes of this section, the term "mental health

professional" shall include a physician, psychiatrist, psychologist,

registered nurse, licensed clinical social worker, licensed master

social worker, licensed mental health counselor, clinical nurse

specialist, certified nurse practitioner, licensed clinical marriage and

family therapist, or a licensed professional nurse.

(b) Notwithstanding any other law to the contrary, when a mental

health professional currently providing treatment services to a person

determines, in the exercise of reasonable professional judgment, that

such person is likely to engage in conduct that would result in serious

harm to self or others, he or she shall be required to report, as soon

as practicable, to the director of community services, or the director's

designee, who shall report to the division of criminal justice services

whenever he or she agrees that the person is likely to engage in such

conduct. Information transmitted to the division of criminal justice

services shall be limited to names and other non-clinical identifying

information, which may only be used for determining whether a license

issued pursuant to section 400.00 of the penal law should be suspended

or revoked, or for determining whether a person is ineligible for a

license issued pursuant to section 400.00 of the penal law, or is no

longer permitted under state or federal law to possess a firearm.

(c) Nothing in this section shall be construed to require a mental

health professional to take any action which, in the exercise of

reasonable professional judgment, would endanger such mental health

professional or increase the danger to a potential victim or victims.

(d) The decision of a mental health professional to disclose or not to

disclose in accordance with this section, when made reasonably and in

good faith, shall not be the basis for any civil or criminal liability

of such mental health professional.

Duties of local officers in regard to their persons with a mental

illness.

* (a) All directors of community services, health officers, and social

services officials, as defined by the social services law, are charged

with the duty of seeing that all persons with a mental illness within

their respective communities who are in need of care and treatment at a

hospital are admitted to a hospital pursuant to the provisions of this

article. Social services officials and health officers shall notify the

director of community services of any such person coming to their

attention. Pending the determination of the condition of an alleged

person with a mental illness, it shall be the duty of the director of

community services and, if there be no such director, of the local

health officer to provide for the proper care of such person in a

suitable facility.

* NB Effective until June 30, 2027

* All directors of community services, health officers, and social

services officials, as defined by the social services law, are charged

with the duty of seeing that all persons with a mental illness within

their respective communities who are in need of care and treatment at a

hospital are admitted to a hospital pursuant to the provisions of this

article. Social services officials and health officers shall notify the

director of community services of any such person coming to their

attention. Pending the determination of the condition of an alleged

person with a mental illness, it shall be the duty of the director of

community services and, if there be no such director, of the local

health officer to provide for the proper care of such person in a

suitable facility.

* NB Effective June 30, 2027

* (b) All directors of community services shall be responsible for:

(1) receiving reports of persons who may be in need of assisted

outpatient treatment and documenting the receipt date of such reports;

(2) conducting timely investigations of such reports and providing

written notice upon the completion of investigations to reporting

persons and program coordinators, appointed by the commissioner of

mental health pursuant to subdivision (f) of section 7.17 of this title,

and documenting the initiation and completion dates of such

investigations and the dispositions;

(3) filing of petitions for assisted outpatient treatment pursuant to

paragraph (vii) of subdivision (e) of section 9.60 of this article, and

documenting the petition filing date and the date of the court order;

(4) coordinating the timely delivery of court ordered services with

program coordinators and documenting the date assisted outpatients begin

to receive the services mandated in the court order; and

(5) ensuring evaluation of the need for ongoing assisted outpatient

treatment pursuant to subdivision (k) of section 9.60 of this article

prior to the expiration of any assisted outpatient treatment order;

(6) if he or she has been ordered to provide for or arrange for

assisted outpatient treatment pursuant to paragraph five of subdivision

(j) of section 9.60 of this article or became the appropriate director

pursuant to this paragraph or subdivision (c) of section 9.48 of this

article, notifying the director of community services of the new county

of residence when he or she has reason to believe that an assisted

outpatient has or will change his or her county of residence during the

pendency of an assisted outpatient treatment order. Upon such change of

residence, the director of the new county of residence shall become the

appropriate director, as such term is defined in section 9.60 of this

article; and

(7) reporting on a quarterly basis to program coordinators the

information collected pursuant to this subdivision.

* NB Repealed June 30, 2027

* (c) In discharge of the duties imposed by subdivision (b) of section

9.60 of this article, directors of community services may provide

services directly, or may coordinate services with the offices of the

department or may contract with any public or private provider to

provide services for such programs as may be necessary to carry out the

duties imposed pursuant to this subdivision.

* NB Repealed June 30, 2027

* § 9.48 Duties of directors of assisted outpatient treatment programs.

(a)(1) Directors of assisted outpatient treatment programs established

pursuant to section 9.60 of this article shall provide a written report

to the program coordinators, appointed by the commissioner of mental

health pursuant to subdivision (f) of section 7.17 of this chapter,

within three days of the issuance of a court order. The report shall

demonstrate that mechanisms are in place to ensure the delivery of

services and medications as required by the court order and shall

include, but not be limited to the following:

(i) a copy of the court order;

(ii) a copy of the written treatment plan;

(iii) the identity of the case manager or assertive community

treatment team, including the name and contact data of the organization

which the case manager or assertive community treatment team member

represents;

(iv) the identity of providers of services; and

(v) the date on which services have commenced or will commence.

(2) The directors of assisted outpatient treatment programs shall

ensure the timely delivery of services described in paragraph one of

subdivision (a) of section 9.60 of this article pursuant to any court

order issued under such section. Directors of assisted outpatient

treatment programs shall immediately commence corrective action upon

receiving notice from program coordinators, that services are not being

provided in a timely manner. Such directors shall inform the program

coordinator of such corrective action.

(b) Directors of assisted outpatient treatment programs shall submit

quarterly reports to the program coordinators regarding the assisted

outpatient treatment program operated or administered by such director.

The report shall include the following information:

(i) the names of individuals served by the program;

(ii) the percentage of petitions for assisted outpatient treatment

that are granted by the court;

(iii) any change in status of assisted outpatients, including but not

limited to the number of individuals who have failed to comply with

court ordered assisted outpatient treatment;

(iv) a description of material changes in written treatment plans of

assisted outpatients;

(v) any change in case managers;

(vi) a description of the categories of services which have been

ordered by the court;

(vii) living arrangements of individuals served by the program

including the number, if any, who are homeless;

(viii) any other information as required by the commissioner of mental

health; and

(ix) any recommendations to improve the program locally or statewide.

(c) Directors of assisted outpatient treatment programs providing

services described in paragraph one of subdivision (a) of section 9.60

of this article pursuant to any court order issued under such section

shall evaluate the need for ongoing assisted outpatient treatment

pursuant to subdivision (k) of section 9.60 of this article prior to the

expiration of any assisted outpatient treatment order; and shall notify

the director of community services of the new county of residence when

he or she has reason to believe that an assisted outpatient has or will

change his or her county of residence during the pendency of an assisted

outpatient treatment order. Upon such change of residence, the director

of the new county of residence shall become the appropriate director, as

such term is defined in section 9.60 of this article.

* NB Repealed June 30, 2027

Transfer of juvenile delinquents.

(a) The commissioner shall receive and arrange the admission to the

appropriate office facility of juvenile delinquents temporarily

transferred to his custody pursuant to section 353.4 of the family court

act.

(b) Immediately upon the admission of a juvenile to an office facility

pursuant to this section, the director shall comply with the provisions

of section 9.07 of this chapter, and the mental hygiene legal service

shall contact such juvenile and explain and make available the

facilities thereof. Any juvenile placed pursuant to this section shall

be subject to the provisions of article nine of this chapter.

Residential treatment facilities for children and youth;

admissions.

(a) The director of a residential treatment facility for children and

youth, as defined by section 1.03 of this chapter, may receive as a

patient a person under the age of twenty-one in need of care and

treatment in such a facility who has been determined appropriate for

such care and treatment in accordance with standards and priorities for

admission established by the office in regulations in accordance with

federal regulations.

(b) Persons admitted as in-patients to hospitals operated by the

office of mental health upon the application of the commissioner of the

office of children and family services pursuant to section five hundred

nine of the executive law or 353.4 of the family court act who are not

subject to a restrictive placement pursuant to section 353.5 of the

family court act, may, if appropriate, and subject to the provisions of

subdivision (d) of this section, be transferred to a residential

treatment facility for children and youth. The commissioner of the

office of children and family services shall be notified of any such

transfer. When appropriate, the director of the residential treatment

facility may arrange the return of a patient so transferred to the

hospital or the transfer of a patient to another hospital or, in

accordance with subdivision four of section five hundred nine of the

executive law to the commissioner of the office of children and family

services.

(c) The commissioner shall consult with the executive director of the

council on children and families regarding the establishment of an

advisory board. The advisory board shall include, as deemed appropriate

by the commissioner and the executive director of the council on

children and families, representatives of the members of the council on

children and families as specified in section four hundred eighty-three

of the social services law, local agency representatives under the

jurisdiction of a member agency of the council on children and families,

family representatives with lived experience with residential treatment

facility services, medical directors from residential treatment

facilities, and representatives from hospitals with pediatric inpatient

psychiatric beds, that is not operated by the state office of mental

health. Members of the advisory board shall be representative of the

racial, ethnic, and geographic diversity of the state. Such board shall

have the right to visit residential treatment facilities for children

and youth and shall have the right to review clinical records and shall

be bound by the confidentiality requirements of section 33.13 of this

chapter. The advisory board shall issue an annual report on the

disposition of applications for admission to residential treatment

facilities. Such report shall include, but not be limited to: the number

of children that applied to each residential treatment facility, the

number of children admitted to each residential treatment facility, the

number of children transferred from a hospital operated by the office of

mental health and subsequently transferred to another hospital, the

average length of stay for residents at each residential treatment

facility, the number of children served at each residential treatment

facility, and the number of involuntary placements and/or transfers from

office of mental health operated inpatient facilities which occur each

calendar year. Such annual report shall be posted on the office of

mental health's website and submitted to the governor, the speaker of

the assembly and the temporary president of the senate by March first

for the previous calendar year.

(d) Applications for admission or transfer of an individual to a

residential treatment facility for children and youth must document that

there has been an evaluation of the needs of the individual and a

determination of the individual's need for treatment in a residential

treatment facility for children and youth and the appropriateness of

such treatment. In the case of individuals who are applicants or

recipients of medical assistance pursuant to title eleven of article

five of the social services law, such determination shall also include

certification of need for residential treatment facility services in

accordance with this section. Where certification is required, an

individual will be certified for admission if:

(1) Available ambulatory care resources and other residential

placements do not meet the treatment needs of the individual;

(2) Proper treatment of the individual's psychiatric condition

requires in-patient care and treatment under the direction of a

physician; and

(3) Care and treatment in a residential treatment facility for

children and youth can reasonably be expected to improve the

individual's condition or prevent further regression so that services

will no longer be needed, provided that a poor prognosis shall not in

itself constitute grounds for a denial of certification if treatment can

be expected to effect a change in prognosis. Decisions to recommend

admission or priority admission shall occur in consultation with the

residential treatment facility and be based on a determination of

appropriateness including consideration of facility staffing, patient

mix and acuity and the impact on the safety of other residents. In the

event the office evaluates a child who is the subject of a proceeding

currently pending in the family court, the office shall report its

decision to the family court. Prior to admission and no sooner than

fourteen days after admission, the office or its designee may evaluate

the medical necessity and quality of services for each Medicaid member.

If the office or its designee determines that residential treatment

services are no longer appropriate, the determination of the office or

its designee shall be reported to the facility and the person, or the

person's legally authorized representative. Such determination shall not

be effective retroactively.

No residential treatment facility for children and youth shall admit a

person who has not been determined appropriate and where appropriate,

certified for such admission. Residential treatment facilities shall

admit individuals who have been designated as priority admissions by the

office or commissioner's designee.

(e) Notwithstanding any inconsistent provision of law, no government

agency shall make payments pursuant to title nineteen of the federal

social security act or articles five and six of the social services law

to a residential treatment facility for children and youth for service

to a person whose need for care and treatment in such a facility was not

certified pursuant to this section.

(f) No person shall be admitted to a residential treatment facility

for children and youth who has a mental illness which presents a

likelihood of serious harm to others; "likelihood of serious harm" shall

mean a substantial risk of physical harm to other persons as manifested

by recent homicidal or other violent behavior by which others are placed

in reasonable fear of serious physical harm.

(g) Notwithstanding any other provision of law, the office or

commissioner's designee shall be entitled to review clinical records

maintained by any person or entity which pertain to an individual on

whose behalf an application is made for admission to a residential

treatment facility for children and youth. Any clinical records received

by the office or commissioner's designee shall be kept confidential in

accordance with the provisions of section 33.13 of this chapter.

Confidentiality of clinical records of treatment of a person in a

residential treatment facility for children and youth shall be

maintained as required in section 33.13 of this chapter. That portion of

the clinical record maintained by a residential treatment facility for

children and youth operated by an authorized agency specifically related

to medical care and treatment shall not be considered part of the record

required to be maintained by such authorized agency pursuant to section

three hundred seventy-two of the social services law and shall not be

discoverable in a proceeding under section three hundred fifty-eight-a

of the social services law or article ten-A of the family court act

except upon order of the family court; provided, however, that all other

information required by a local social services district or the office

of children and family services for purposes of sections three hundred

fifty-eight-a, four hundred nine-e and four hundred nine-f of the social

services law and article ten-A of the family court act shall be

furnished on request, and the confidentiality of such information shall

be safeguarded as provided in section four hundred sixty-e of the social

services law.

Children in the custody of social services officials or the

division for youth.

(a) Admission of a child in the care and custody of a social services

official or authorized agency, the director of the division for youth or

a person or entity granted such custody pursuant to section seven

hundred fifty-six or one thousand fifty-five of the family court act to

a hospital or residential treatment facility for children and youth

shall not be considered to effect a change in custody of such child and

the responsibilities of such person or entity having custody of the

child shall continue as described in the social services law, the

executive law, the family court act and in any court order granting such

custody.

(b) Persons in the custody of a social services official, authorized

agency, the division for youth or another person or entity pursuant to

an outstanding and valid court order shall only be released to the

custody of that person or entity.

(c) Prior to the discharge or release of a child who at the time of

such release remains in the custody of a social services official,

authorized agency, the division for youth, or a person or entity granted

such custody pursuant to section seven hundred fifty-six or one thousand

fifty-five of the family court act, the facility in which the child is

receiving treatment shall plan the discharge of the child as required in

section 29.15 of this chapter. The facility shall prepare the plan in

collaboration with the person or entity having custody of the child and

it shall be the duty of such person or entity to cooperate with the

facility in that effort. Notwithstanding any inconsistent provision of

law, and subject to separate interagency agreements to be negotiated by

the commissioner of mental health and the commissioner of social

services and the commissioner of mental health and the director of the

division for youth, information derived from the clinical record as

required by this section may be revealed to the person or entity having

custody of the child, to the extent release of such information is

necessary to assure adequate discharge planning.

* § 9.55 Emergency admissions for immediate observation, care and

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of

any person, whose treatment for a mental illness he or she is either

supervising or providing in a facility licensed or operated by the

office of mental health which does not have an inpatient psychiatric

service, to a hospital approved by the commissioner pursuant to

subdivision (a) of section 9.39 of this article or to a comprehensive

psychiatric emergency program, if he or she determines upon examination

of such person that such person appears to have a mental illness for

which immediate observation, care and treatment in a hospital is

appropriate and which is likely to result in serious harm to himself or

herself or others. Upon the request of such qualified psychiatrist,

peace officers, when acting pursuant to their special duties, or police

officers, who are members of an authorized police department or force or

of a sheriff's department shall take into custody and transport any such

person. Upon the request of a qualified psychiatrist an ambulance

service, as defined by subdivision two of section three thousand one of

the public health law, is authorized to transport any such person. Such

person may then be admitted to a hospital in accordance with the

provisions of section 9.39 of this article or to a comprehensive

psychiatric emergency program in accordance with the provisions of

section 9.40 of this article.

* NB Effective until July 1, 2027

* § 9.55 Emergency admissions for immediate observation, care and

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of

any person, whose treatment for a mental illness he is either

supervising or providing in a facility licensed or operated by the

office of mental health which does not have an inpatient psychiatric

service, to a hospital approved by the commissioner pursuant to

subdivision (a) of section 9.39 of this article, if he determines upon

examination of such person that such person appears to have a mental

illness for which immediate observation, care and treatment in a

hospital is appropriate and which is likely to result in serious harm to

himself or others, as defined in section 9.39 of this article. Upon the

request of such qualified psychiatrist, peace officers, when acting

pursuant to their special duties, or police officers, who are members of

an authorized police department or force or of a sheriff's department

shall take into custody and transport any such person. Upon the request

of a qualified psychiatrist an ambulance service, as defined by

subdivision two of section three thousand one of the public health law,

is authorized to transport any such person. Such person may then be

admitted in accordance with the provisions of section 9.39 of this

article.

* NB Effective July 1, 2027

* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided

emergency medical services at a general hospital, as defined in article

twenty-eight of the public health law, which does not have an inpatient

psychiatric service, or a physician who has examined a person in a

comprehensive psychiatric emergency program shall be authorized to

request that the director of the program or hospital, or the director's

designee, direct the removal of such person to a hospital approved by

the commissioner pursuant to subdivision (a) of section 9.39 of this

article or to a comprehensive psychiatric emergency program, if the

physician determines upon examination of such person that such person

appears to have a mental illness for which immediate care and treatment

in a hospital is appropriate and which is likely to result in serious

harm to himself or others. Upon the request of the physician, the

director of the program or hospital or the director's designee, is

authorized to direct peace officers, when acting pursuant to their

special duties, or police officers, who are members of an authorized

police department or force or of a sheriff's department to take into

custody and transport any such person. Upon the request of an emergency

room physician or the director of the program or hospital, or the

director's designee, an ambulance service, as defined by subdivision two

of section three thousand one of the public health law, is authorized to

take into custody and transport any such person. Such person may then be

admitted to a hospital in accordance with the provisions of section 9.39

of this article or to a comprehensive psychiatric emergency program in

accordance with the provisions of section 9.40 of this article.

* NB Effective until July 1, 2027

* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided

emergency medical services at a general hospital, as defined in article

twenty-eight of the public health law, which does not have an inpatient

psychiatric service, shall be authorized to request that the director of

the hospital, or his designee, direct the removal of such person to a

hospital approved by the commissioner pursuant to subdivision (a) of

section 9.39 of this article, if the physician determines upon

examination of such person that such person appears to have a mental

illness for which immediate care and treatment in a hospital is

appropriate and which is likely to result in serious harm to himself or

others, as defined in section 9.39 of this article. Upon the request of

the physician, the director of the hospital or his designee, is

authorized to direct peace officers, when acting pursuant to their

special duties, or police officers, who are members of an authorized

police department or force or of a sheriff's department to take into

custody and transport any such person. Upon the request of an emergency

room physician or the director of the hospital, or his designee, an

ambulance service, as defined by subdivision two of section three

thousand one of the public health law, is authorized to take into

custody and transport any such person. Such person may then be admitted

in accordance with the provisions of section 9.39 of this article.

* NB Effective July 1, 2027

Transport for evaluation; powers of approved mobile crisis

outreach teams.

(a) A physician or qualified mental health professional who is a

member of an approved mobile crisis outreach team shall have the power

to remove, or pursuant to subdivision (b) of this section, to direct the

removal of any person who appears to be mentally ill and is conducting

themselves in a manner which is likely to result in serious harm to

themselves or others, to a hospital approved by the commissioner

pursuant to subdivision (a) of section 9.39 or section 31.27 of this

chapter or where the team physician or qualified mental health

professional deems appropriate and where the person voluntarily agrees,

to a crisis stabilization center specified in section 36.01 of this

chapter.

(b) If the team physician or qualified mental health professional

determines that it is necessary to effectuate transport, he or she shall

direct peace officers, when acting pursuant to their special duties, or

police officers, who are members of an authorized police department or

force or of a sheriff's department, to take into custody and transport

any persons identified in subdivision (a) of this section. Upon the

request of such physician or qualified mental health professional, an

ambulance service, as defined in subdivision two of section three

thousand one of the public health law, is authorized to transport any

such persons. Such persons may then be evaluated for admission in

accordance with the provisions of section 9.27, 9.39, 9.40 or other

sections of this article, provided that such admission decisions shall

be made independent of the fact that the person was transported pursuant

to the provisions of this section and, provided further, such transport

shall not create a presumption that the person should be involuntarily

admitted to a hospital.

(c) The commissioner shall be authorized to develop standards, in

consultation with the commissioner of the division of criminal justice

services, relating to the training requirements of teams established

pursuant to this section. Such training shall, at a minimum, help to

ensure that the provision of crisis and emergency services are provided

in a manner which protects the health and safety and respects the

individual needs and rights of persons being evaluated or transported

pursuant to this section.

(d) As used in this section:

(1) "Approved mobile crisis outreach team" shall mean a team of

persons operating as part of a mobile crisis outreach program approved

by the commissioner of mental health, which may include mobile crisis

outreach teams funded pursuant to section 41.55 of this chapter.

(2) "Qualified mental health professional" shall mean a licensed

psychologist, registered professional nurse, licensed clinical social

worker or a licensed master social worker under the supervision of a

physician, psychologist or licensed clinical social worker.

* § 9.59 Immunity from liability.

(a) Notwithstanding any inconsistent provision of any general, special

or local law, an ambulance service as defined by subdivision two of

section three thousand one of the public health law and any member

thereof who is an emergency medical technician or an advanced emergency

medical technician transporting a person to a hospital as authorized by

this article, any peace officers, when acting pursuant to their special

duties, any police officers, who are members of an authorized police

department or force or of a sheriff's department, and any members of

mobile crisis outreach teams approved by the commissioner pursuant to

section 9.58 of this article, who are taking into custody and

transporting a person to a hospital as authorized by this article, or to

a hospital or other facility as authorized by section 22.09 of this

chapter, and any employee of a licensed comprehensive psychiatric

emergency program, specially trained in accordance with standards

developed by the commissioner, who transports a person to a hospital,

shall not be liable for damages for injuries alleged to have been

sustained by such person or for the death of such person alleged to have

occurred by reason of an act or omission unless it is established that

such injuries or such death was caused by gross negligence on the part

of such emergency medical technician, advanced emergency medical

technician, peace officer, police officer, mobile crisis outreach team

member, or specially trained employee of a licensed comprehensive

psychiatric emergency program.

(b) Nothing in this section shall be deemed to relieve or alter the

liability of any such ambulance service or members thereof, peace

officers, police officers or specially trained employees of a licensed

comprehensive psychiatric emergency program for damages or injuries or

death arising out of the operation of motor vehicles.

* NB Effective until July 1, 2027

* § 9.59 Immunity from liability.

(a) Notwithstanding any inconsistent provision of any general, special

or local law, an ambulance service as defined by subdivision two of

section three thousand one of the public health law and any member

thereof who is an emergency medical technician or an advanced emergency

medical technician transporting a person to a hospital as authorized by

this article, any peace officers, when acting pursuant to their special

duties, and any police officers, who are members of an authorized police

department or force or of a sheriff's department, who are taking into

custody and transporting a person to a hospital as authorized by this

article, shall not be liable for damages for injuries alleged to have

been sustained by such person or for the death of such person alleged to

have occurred by reason of an act or omission unless it is established

that such injuries or such death was caused by gross negligence on the

part of such emergency medical technician, advanced emergency medical

technician, peace officer or police officer.

(b) Nothing in this section shall be deemed to relieve or alter the

liability of any such ambulance service or members thereof, peace

officers, or police officers for damages or injuries or death arising

out of the operation of motor vehicles.

* NB Effective July 1, 2027

* § 9.60 Assisted outpatient treatment.

(a) Definitions. For purposes of this section, the following

definitions shall apply:

(1) "assisted outpatient treatment" shall mean categories of

outpatient services which have been ordered by the court pursuant to

this section. Such treatment shall include case management services or

assertive community treatment team services to provide care

coordination, and may also include any of the following categories of

services: medication; periodic blood tests or urinalysis to determine

compliance with prescribed medications; individual or group therapy; day

or partial day programming activities; educational and vocational

training or activities; alcohol or substance abuse treatment and

counseling and periodic tests for the presence of alcohol or illegal

drugs for persons with a history of alcohol or substance abuse;

supervision of living arrangements; and any other services within a

local services plan developed pursuant to article forty-one of this

chapter, prescribed to treat the person's mental illness and to assist

the person in living and functioning in the community, or to attempt to

prevent a relapse or deterioration that may reasonably be predicted to

result in suicide or the need for hospitalization.

(2) "director" shall mean the director of community services of a

local governmental unit, or the director of a hospital licensed or

operated by the office of mental health which operates, directs and

supervises an assisted outpatient treatment program.

(3) "director of community services" and "local governmental unit"

shall have the same meanings as provided in article forty-one of this

chapter. The "appropriate director" shall mean the director of community

services of the county where the assisted outpatient resides, even if it

is a different county than the county where the assisted outpatient

treatment order was originally issued.

(4) "assisted outpatient treatment program" shall mean a system to

arrange for and coordinate the provision of assisted outpatient

treatment, to monitor treatment compliance by assisted outpatients, to

evaluate the condition or needs of assisted outpatients, to take

appropriate steps to address the needs of such individuals, and to

ensure compliance with court orders.

(5) "assisted outpatient" shall mean the person under a court order to

receive assisted outpatient treatment.

(6) "subject of the petition" or "subject" shall mean the person who

is alleged in a petition, filed pursuant to the provisions of this

section, to meet the criteria for assisted outpatient treatment.

(7) "correctional facility" and "local correctional facility" shall

have the same meanings as provided in section two of the correction law.

(8) "health care proxy" and "health care agent" shall have the same

meanings as provided in article twenty-nine-C of the public health law.

(9) "program coordinator" shall mean an individual appointed by the

commissioner of mental health, pursuant to subdivision (f) of section

7.17 of this chapter, who is responsible for the oversight and

monitoring of assisted outpatient treatment programs.

(b) Programs. The director of community services of each local

governmental unit shall operate, direct and supervise an assisted

outpatient treatment program. The director of a hospital licensed or

operated by the office of mental health may operate, direct and

supervise an assisted outpatient treatment program, upon approval by the

commissioner. Directors of community services shall be permitted to

satisfy the provisions of this subdivision through the operation of

joint assisted outpatient treatment programs. Nothing in this

subdivision shall be interpreted to preclude the combination or

coordination of efforts between and among local governmental units and

hospitals in providing and coordinating assisted outpatient treatment.

(c) Criteria. A person may be ordered to receive assisted outpatient

treatment if the court finds that such person:

(1) is eighteen years of age or older; and

(2) is suffering from a mental illness; and

(3) is unlikely to survive safely in the community without

supervision, based on a clinical determination; and

(4) has a history of lack of compliance with treatment for mental

illness that has:

(i) except as otherwise provided in subparagraph (iii) of this

paragraph, prior to the filing of the petition, at least twice within

the last thirty-six months been a significant factor in necessitating

hospitalization in a hospital, or receipt of services in a forensic or

other mental health unit of a correctional facility or a local

correctional facility, not including any current period, or period

ending within the last six months, during which the person was or is

hospitalized or incarcerated; or

(ii) except as otherwise provided in subparagraph (iii) of this

paragraph, prior to the filing of the petition, resulted in one or more

acts of serious violent behavior toward self or others or threats of, or

attempts at, serious physical harm to self or others within the last

forty-eight months, not including any current period, or period ending

within the last six months, in which the person was or is hospitalized

or incarcerated; or

(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,

resulted in the issuance of a court order for assisted outpatient

treatment that has expired within the last six months, and since the

expiration of the order; (a) the person has experienced a substantial

increase in symptoms of mental illness that substantially interferes

with or limits the person's ability to comply with recommended

treatment; or (b) the person, due to a lack of compliance with

recommended treatment, has undergone emergency observation, care, and

treatment or has been admitted for inpatient care or has been

incarcerated;

(5) is, as a result of his or her mental illness, unlikely to

voluntarily participate in outpatient treatment that would enable him or

her to live safely in the community; and

(6) in view of his or her treatment history and current behavior, is

in need of assisted outpatient treatment in order to prevent a relapse

or deterioration which would be likely to result in serious harm to the

person or others as defined in section 9.01 of this article; and

(7) is likely to benefit from assisted outpatient treatment. Previous

non-compliance with court oversight or mandated treatment shall not

preclude a finding that the person is likely to benefit from assisted

outpatient treatment.

(d) Health care proxy. Nothing in this section shall preclude a person

with a health care proxy from being subject to a petition pursuant to

this chapter and consistent with article twenty-nine-C of the public

health law.

(e) Petition to the court. (1) A petition for an order authorizing

assisted outpatient treatment may be filed in the supreme or county

court in the county in which the subject of the petition is present or

reasonably believed to be present. Such petition may be initiated only

by the following persons:

(i) any person eighteen years of age or older with whom the subject of

the petition resides; or

(ii) the parent, spouse, domestic partner, sibling eighteen years of

age or older, or child eighteen years of age or older of the subject of

the petition; or

(iii) the director of a hospital in which the subject of the petition

is hospitalized; or

(iv) the director of any public or charitable organization, agency or

home providing mental health services to the subject of the petition or

in whose institution the subject of the petition resides; or

(v) a qualified psychiatrist who is either supervising the treatment

of or treating the subject of the petition for a mental illness; or

(vi) a psychologist, licensed pursuant to article one hundred

fifty-three of the education law, or a social worker, licensed pursuant

to article one hundred fifty-four of the education law, who is treating

the subject of the petition for a mental illness; or

(vii) the director of community services, or his or her designee, or

the social services official, as defined in the social services law, of

the city or county in which the subject of the petition is present or

reasonably believed to be present; or

(viii) a parole officer or probation officer assigned to supervise the

subject of the petition.

(2) The petition shall state:

(i) each of the criteria for assisted outpatient treatment as set

forth in subdivision (c) of this section;

(ii) facts which support the petitioner's belief that the subject of

the petition meets each criterion, provided that the hearing on the

petition need not be limited to the stated facts; and

(iii) that the subject of the petition is present, or is reasonably

believed to be present, within the county where such petition is filed.

(3) The petition shall be accompanied by an affirmation or affidavit

of a physician, who shall not be the petitioner, stating either that:

(i) such physician has personally examined the subject of the petition

no more than ten days prior to the submission of the petition,

recommends assisted outpatient treatment for the subject of the

petition, and is willing and able to testify at the hearing on the

petition; or

(ii) no more than ten days prior to the filing of the petition, such

physician or his or her designee has made appropriate attempts but has

not been successful in eliciting the cooperation of the subject of the

petition to submit to an examination, such physician has reason to

suspect that the subject of the petition meets the criteria for assisted

outpatient treatment, and such physician is willing and able to examine

the subject of the petition and testify at the hearing on the petition.

(4) In counties with a population of less than eighty thousand, the

affirmation or affidavit required by paragraph three of this subdivision

may be made by a physician who is an employee of the office. The office

is authorized to make available, at no cost to the county, a qualified

physician for the purpose of making such affirmation or affidavit

consistent with the provisions of such paragraph.

(f) Service. The petitioner shall cause written notice of the petition

to be given to the subject of the petition and a copy thereof to be

given personally or by mail to the persons listed in section 9.29 of

this article, the mental hygiene legal service, the health care agent if

any such agent is known to the petitioner, the appropriate program

coordinator, and the appropriate director of community services, if such

director is not the petitioner.

(g) Right to counsel. The subject of the petition shall have the right

to be represented by the mental hygiene legal service, or privately

financed counsel, at all stages of a proceeding commenced under this

section.

(h) Hearing. (1) Upon receipt of the petition, the court shall fix the

date for a hearing. Such date shall be no later than three days from the

date such petition is received by the court, excluding Saturdays,

Sundays and holidays. Adjournments shall be permitted only for good

cause shown. In granting adjournments, the court shall consider the need

for further examination by a physician or the potential need to provide

assisted outpatient treatment expeditiously. The court shall cause the

subject of the petition, any other person receiving notice pursuant to

subdivision (f) of this section, the petitioner, the physician whose

affirmation or affidavit accompanied the petition, and such other

persons as the court may determine to be advised of such date. Upon such

date, or upon such other date to which the proceeding may be adjourned,

the court shall hear testimony and, if it be deemed advisable and the

subject of the petition is available, examine the subject of the

petition in or out of court. If the subject of the petition does not

appear at the hearing, and appropriate attempts to elicit the attendance

of the subject have failed, the court may conduct the hearing in the

subject's absence. In such case, the court shall set forth the factual

basis for conducting the hearing without the presence of the subject of

the petition.

(2) The court shall not order assisted outpatient treatment unless an

examining physician, who recommends assisted outpatient treatment and

has personally examined the subject of the petition no more than ten

days before the filing of the petition, testifies in person or by

videoconference at the hearing. Provided however, a physician shall only

be authorized to testify by video conference when it has been: (i) shown

that diligent efforts have been made to attend such hearing in person

and the subject of the petition consents to the physician testifying by

video conference; or (ii) the court orders the physician to testify by

video conference upon a finding of good cause. Such physician shall

state the facts and clinical determinations which support the allegation

that the subject of the petition meets each of the criteria for assisted

outpatient treatment.

(3) If the subject of the petition has refused to be examined by a

physician, the court may request the subject to consent to an

examination by a physician appointed by the court. If the subject of the

petition does not consent and the court finds reasonable cause to

believe that the allegations in the petition are true, the court may

order peace officers, acting pursuant to their special duties, or police

officers who are members of an authorized police department or force, or

of a sheriff's department to take the subject of the petition into

custody and transport him or her to a hospital for examination by a

physician. Retention of the subject of the petition under such order

shall not exceed twenty-four hours. The examination of the subject of

the petition may be performed by the physician whose affirmation or

affidavit accompanied the petition pursuant to paragraph three of

subdivision (e) of this section, if such physician is privileged by such

hospital or otherwise authorized by such hospital to do so. If such

examination is performed by another physician, the examining physician

may consult with the physician whose affirmation or affidavit

accompanied the petition as to whether the subject meets the criteria

for assisted outpatient treatment.

(4) A physician who testifies pursuant to paragraph two of this

subdivision shall state: (i) the facts which support the allegation that

the subject meets each of the criteria for assisted outpatient

treatment, (ii) that the treatment is the least restrictive alternative,

(iii) the recommended assisted outpatient treatment, and (iv) the

rationale for the recommended assisted outpatient treatment. If the

recommended assisted outpatient treatment includes medication, such

physician's testimony shall describe the types or classes of medication

which should be authorized, shall describe the beneficial and

detrimental physical and mental effects of such medication, and shall

recommend whether such medication should be self-administered or

administered by authorized personnel.

(5) The subject of the petition shall be afforded an opportunity to

present evidence, to call witnesses on his or her behalf, and to

cross-examine adverse witnesses.

(i) Written treatment plan. (1) The court shall not order assisted

outpatient treatment unless a physician appointed by the appropriate

director, in consultation with such director, develops and provides to

the court a proposed written treatment plan. The written treatment plan

shall include case management services or assertive community treatment

team services to provide care coordination. The written treatment plan

also shall include all categories of services, as set forth in paragraph

one of subdivision (a) of this section, which such physician recommends

that the subject of the petition receive. All service providers shall be

notified regarding their inclusion in the written treatment plan. If the

written treatment plan includes medication, it shall state whether such

medication should be self-administered or administered by authorized

personnel, and shall specify type and dosage range of medication most

likely to provide maximum benefit for the subject. If the written

treatment plan includes alcohol or substance abuse counseling and

treatment, such plan may include a provision requiring relevant testing

for either alcohol or illegal substances provided the physician's

clinical basis for recommending such plan provides sufficient facts for

the court to find (i) that such person has a history of alcohol or

substance abuse that is clinically related to the mental illness; and

(ii) that such testing is necessary to prevent a relapse or

deterioration which would be likely to result in serious harm to the

person or others. If a director is the petitioner, the written treatment

plan shall be provided to the court no later than the date of the

hearing on the petition. If a person other than a director is the

petitioner, such plan shall be provided to the court no later than the

date set by the court pursuant to paragraph three of subdivision (j) of

this section.

(2) The physician appointed to develop the written treatment plan

shall provide the following persons with an opportunity to actively

participate in the development of such plan: the subject of the

petition; the treating physician, if any; and upon the request of the

subject of the petition, an individual significant to the subject

including any relative, close friend or individual otherwise concerned

with the welfare of the subject. If the subject of the petition has

executed a health care proxy, the appointed physician shall consider any

directions included in such proxy in developing the written treatment

plan.

(3) The court shall not order assisted outpatient treatment unless a

physician appearing on behalf of a director testifies to explain the

written proposed treatment plan. Such physician shall state the

categories of assisted outpatient treatment recommended, the rationale

for each such category, facts which establish that such treatment is the

least restrictive alternative, and, if the recommended assisted

outpatient treatment plan includes medication, such physician shall

state the types or classes of medication recommended, the beneficial and

detrimental physical and mental effects of such medication, and whether

such medication should be self-administered or administered by an

authorized professional. If the subject of the petition has executed a

health care proxy, such physician shall state the consideration given to

any directions included in such proxy in developing the written

treatment plan. If a director is the petitioner, testimony pursuant to

this paragraph shall be given at the hearing on the petition. If a

person other than a director is the petitioner, such testimony shall be

given on the date set by the court pursuant to paragraph three of

subdivision (j) of this section.

(j) Disposition. (1) If after hearing all relevant evidence, the court

does not find by clear and convincing evidence that the subject of the

petition meets the criteria for assisted outpatient treatment, the court

shall dismiss the petition.

(2) If after hearing all relevant evidence, the court finds by clear

and convincing evidence that the subject of the petition meets the

criteria for assisted outpatient treatment, and there is no appropriate

and feasible less restrictive alternative, the court may order the

subject to receive assisted outpatient treatment for an initial period

not to exceed one year. In fashioning the order, the court shall

specifically make findings by clear and convincing evidence that the

proposed treatment is the least restrictive treatment appropriate and

feasible for the subject. The order shall state an assisted outpatient

treatment plan, which shall include all categories of assisted

outpatient treatment, as set forth in paragraph one of subdivision (a)

of this section, which the assisted outpatient is to receive, but shall

not include any such category that has not been recommended in both the

proposed written treatment plan and the testimony provided to the court

pursuant to subdivision (i) of this section.

(3) If after hearing all relevant evidence presented by a petitioner

who is not a director, the court finds by clear and convincing evidence

that the subject of the petition meets the criteria for assisted

outpatient treatment, and the court has yet to be provided with a

written proposed treatment plan and testimony pursuant to subdivision

(i) of this section, the court shall order the appropriate director to

provide the court with such plan and testimony no later than the third

day, excluding Saturdays, Sundays and holidays, immediately following

the date of such order. Upon receiving such plan and testimony, the

court may order assisted outpatient treatment as provided in paragraph

two of this subdivision.

(4) A court may order the patient to self-administer psychotropic

drugs or accept the administration of such drugs by authorized personnel

as part of an assisted outpatient treatment program. Such order may

specify the type and dosage range of such psychotropic drugs and such

order shall be effective for the duration of such assisted outpatient

treatment.

(5) If the petitioner is the director of a hospital that operates an

assisted outpatient treatment program, the court order shall direct the

hospital director to provide or arrange for all categories of assisted

outpatient treatment for the assisted outpatient throughout the period

of the order. In all other instances, the order shall require the

appropriate director, as that term is defined in this section, to

provide or arrange for all categories of assisted outpatient treatment

for the assisted outpatient throughout the period of the order.

(6) The director shall cause a copy of any court order issued pursuant

to this section to be served personally, or by mail, facsimile or

electronic means, upon the assisted outpatient, the mental hygiene legal

service or anyone acting on the assisted outpatient's behalf, the

original petitioner, identified service providers, and all others

entitled to notice under subdivision (f) of this section.

(k) Petition for additional periods of treatment. (1) Prior to the

expiration of an order pursuant to this section, the appropriate

director shall review whether the assisted outpatient continues to meet

the criteria for assisted outpatient treatment. If, as documented in the

petition, the director determines that such criteria continue to be met

or has made appropriate attempts to, but has not been successful in

eliciting, the cooperation of the subject to submit to an examination,

within thirty days prior to the expiration of an order of assisted

outpatient treatment, such director may petition the court to order

continued assisted outpatient treatment pursuant to paragraph two of

this subdivision. Upon determining whether such criteria continue to be

met, such director shall notify the program coordinator in writing as to

whether a petition for continued assisted outpatient treatment is

warranted and whether such a petition was or will be filed.

(2) Within thirty days prior to the expiration of an order of assisted

outpatient treatment, the appropriate director or the current

petitioner, if the current petition was filed pursuant to subparagraph

(i) or (ii) of paragraph one of subdivision (e) of this section, and the

current petitioner retains his or her original status pursuant to the

applicable subparagraph, may petition the court to order continued

assisted outpatient treatment for a period not to exceed one year from

the expiration date of the current order. If the court's disposition of

such petition does not occur prior to the expiration date of the current

order, the current order shall remain in effect until such disposition.

The procedures for obtaining any order pursuant to this subdivision

shall be in accordance with the provisions of the foregoing subdivisions

of this section; provided that the time restrictions included in

paragraph four of subdivision (c) of this section shall not be

applicable. The notice provisions set forth in paragraph six of

subdivision (j) of this section shall be applicable. Any court order

requiring periodic blood tests or urinalysis for the presence of alcohol

or illegal drugs shall be subject to review after six months by the

physician who developed the written treatment plan or another physician

designated by the director, and such physician shall be authorized to

terminate such blood tests or urinalysis without further action by the

court.

(l) Petition for an order to stay, vacate or modify. (1) In addition

to any other right or remedy available by law with respect to the order

for assisted outpatient treatment, the assisted outpatient, the mental

hygiene legal service, or anyone acting on the assisted outpatient's

behalf may petition the court on notice to the director, the original

petitioner, and all others entitled to notice under subdivision (f) of

this section to stay, vacate or modify the order.

(2) The appropriate director shall petition the court for approval

before instituting a proposed material change in the assisted outpatient

treatment plan, unless such change is authorized by the order of the

court. Such petition shall be filed on notice to all parties entitled to

notice under subdivision (f) of this section. Not later than five days

after receiving such petition, excluding Saturdays, Sundays and

holidays, the court shall hold a hearing on the petition; provided that

if the assisted outpatient informs the court that he or she agrees to

the proposed material change, the court may approve such change without

a hearing. Non-material changes may be instituted by the director

without court approval. For the purposes of this paragraph, a material

change is an addition or deletion of a category of services to or from a

current assisted outpatient treatment plan, or any deviation without the

assisted outpatient's consent from the terms of a current order relating

to the administration of psychotropic drugs.

(m) Appeals. Review of an order issued pursuant to this section shall

be had in like manner as specified in section 9.35 of this article.

(n) Failure to comply with assisted outpatient treatment. Where in the

clinical judgment of a physician, (i) the assisted outpatient, has

failed or refused to comply with the assisted outpatient treatment, (ii)

efforts were made to solicit compliance, and (iii) such assisted

outpatient may be in need of involuntary admission to a hospital

pursuant to section 9.27 of this article or immediate observation, care

and treatment pursuant to section 9.39 or 9.40 of this article, such

physician may request the appropriate director of community services,

the director's designee, or any physician designated by the director of

community services pursuant to section 9.37 of this article, to direct

the removal of such assisted outpatient to an appropriate hospital for

an examination to determine if such person has a mental illness for

which hospitalization is necessary pursuant to section 9.27, 9.39 or

9.40 of this article. Furthermore, if such assisted outpatient refuses

to take medications as required by the court order, or he or she refuses

to take, or fails a blood test, urinalysis, or alcohol or drug test as

required by the court order, such physician may consider such refusal or

failure when determining whether the assisted outpatient is in need of

an examination to determine whether he or she has a mental illness for

which hospitalization is necessary. Upon the request of such physician,

the appropriate director, the director's designee, or any physician

designated pursuant to section 9.37 of this article, may direct peace

officers, acting pursuant to their special duties, or police officers

who are members of an authorized police department or force or of a

sheriff's department to take the assisted outpatient into custody and

transport him or her to the hospital operating the assisted outpatient

treatment program or to any hospital authorized by the director of

community services to receive such persons. Such law enforcement

officials shall carry out such directive. Upon the request of such

physician, the appropriate director, the director's designee, or any

physician designated pursuant to section 9.37 of this article, an

ambulance service, as defined by subdivision two of section three

thousand one of the public health law, or an approved mobile crisis

outreach team as defined in section 9.58 of this article shall be

authorized to take into custody and transport any such person to the

hospital operating the assisted outpatient treatment program, or to any

other hospital authorized by the appropriate director of community

services to receive such persons. Any director of community services, or

designee, shall be authorized to direct the removal of an assisted

outpatient who is present in his or her county to an appropriate

hospital, in accordance with the provisions of this subdivision, based

upon a determination of the appropriate director of community services

directing the removal of such assisted outpatient pursuant to this

subdivision. Such person may be retained for observation, care and

treatment and further examination in the hospital for up to seventy-two

hours to permit a physician to determine whether such person has a

mental illness and is in need of involuntary care and treatment in a

hospital pursuant to the provisions of this article. Any continued

involuntary retention in such hospital beyond the initial seventy-two

hour period shall be in accordance with the provisions of this article

relating to the involuntary admission and retention of a person. If at

any time during the seventy-two hour period the person is determined not

to meet the involuntary admission and retention provisions of this

article, and does not agree to stay in the hospital as a voluntary or

informal patient, he or she must be released. Failure to comply with an

order of assisted outpatient treatment shall not be grounds for

involuntary civil commitment or a finding of contempt of court.

(o) Effect of determination that a person is in need of assisted

outpatient treatment. The determination by a court that a person is in

need of assisted outpatient treatment shall not be construed as or

deemed to be a determination that such person is incapacitated pursuant

to article eighty-one of this chapter.

(p) False petition. A person making a false statement or providing

false information or false testimony in a petition or hearing under this

section shall be subject to criminal prosecution pursuant to article one

hundred seventy-five or article two hundred ten of the penal law.

(q) Exception. Nothing in this section shall be construed to affect

the ability of the director of a hospital to receive, admit, or retain

patients who otherwise meet the provisions of this article regarding

receipt, retention or admission.

(r) Education and training. (1) The office of mental health, in

consultation with the office of court administration, shall prepare

educational and training materials on the use of this section, which

shall be made available to local governmental units, providers of

services, judges, court personnel, law enforcement officials and the

general public.

(2) The office, in consultation with the office of court

administration, shall establish a mental health training program for

supreme and county court judges and court personnel. Such training shall

focus on the use of this section and generally address issues relating

to mental illness and mental health treatment.

(s) A director of community services or his or her designee may

require a provider of inpatient psychiatric services operated or

licensed by the office of mental health to provide contemporaneous

information, including but not limited to relevant clinical records,

documents, and other information concerning the person receiving

assisted outpatient treatment pursuant to an active assisted outpatient

treatment order, that is deemed necessary by such director or designee

who is required to coordinate and monitor the care of any individual who

was subject to an active assisted outpatient treatment order to appro-

priately discharge their duties pursuant to section 9.47 of this

article, and where such provider of inpatient psychiatric services is

required to disclose such information pursuant to paragraph twelve of

subdivision (c) of section 33.13 of this chapter and such disclosure is

in accordance with all other applicable state and federal

confidentiality laws. None of the records or information obtained by the

director of community services pursuant to this subdivision shall be

public records, and the records shall not be released by the director to

any person or agency, except as already authorized by law.

* NB Repealed June 30, 2027

* § 9.63 Transportation of persons to or between hospitals.

In carrying out the transportation of any person to or between a

hospital, including a comprehensive psychiatric emergency program,

pursuant to the provisions of this article appropriate attempts shall be

made to elicit the cooperation of the person to be transported, prior to

resorting to compulsory means of transportation.

* NB Effective until June 30, 2027

* § 9.61 Transportation of persons to or between hospitals.

In carrying out the transportation of any person to or between a

hospital, including a comprehensive psychiatric emergency program,

pursuant to the provisions of this article appropriate attempts shall be

made to elicit the cooperation of the person to be transported, prior to

resorting to compulsory means of transportation.

* NB Effective June 30, 2027

Notice of admission determination to community provider.

Upon an admission to a hospital or received as a patient in a

comprehensive psychiatric emergency program, the director of such

hospital or program shall, in accordance with section 33.13 of this

chapter, ensure that reasonable efforts are made to identify and

promptly notify of such determination any community provider of mental

health services that maintains such person on its caseload.

Legislative findings. The legislature finds as follows:

(a) That recidivistic sex offenders pose a danger to society that

should be addressed through comprehensive programs of treatment and

management. Civil and criminal processes have distinct but overlapping

goals, and both should be part of an integrated approach that is based

on evolving scientific understanding, flexible enough to respond to

current needs of individual offenders, and sufficient to provide

meaningful treatment and to protect the public.

(b) That some sex offenders have mental abnormalities that predispose

them to engage in repeated sex offenses. These offenders may require

long-term specialized treatment modalities to address their risk to

reoffend. They should receive such treatment while they are incarcerated

as a result of the criminal process, and should continue to receive

treatment when that incarceration comes to an end. In extreme cases,

confinement of the most dangerous offenders will need to be extended by

civil process in order to provide them such treatment and to protect the

public from their recidivistic conduct.

(c) That for other sex offenders, it can be effective and appropriate

to provide treatment in a regimen of strict and intensive outpatient

supervision. Accordingly, civil commitment should be only one element in

a range of responses to the need for treatment of sex offenders. The

goal of a comprehensive system should be to protect the public, reduce

recidivism, and ensure offenders have access to proper treatment.

(d) That some of the goals of civil commitment - protection of

society, supervision of offenders, and management of their behavior -

are appropriate goals of the criminal process as well. For some

recidivistic sex offenders, appropriate criminal sentences, including

long-term post-release supervision, may be the most appropriate way to

achieve those goals.

(e) That the system for responding to recidivistic sex offenders with

civil measures must be designed for treatment and protection. It should

be based on the most accurate scientific understanding available,

including the use of current, validated risk assessment instruments.

Ideally, effective risk assessment should begin to occur prior to

sentencing in the criminal process, and it should guide the process of

civil commitment.

(f) That the system should offer meaningful forms of treatment to sex

offenders in all criminal and civil phases, including during

incarceration, civil commitment, and outpatient supervision.

(g) That sex offenders in need of civil commitment are a different

population from traditional mental health patients, who have different

treatment needs and particular vulnerabilities. Accordingly, civil

commitment of sex offenders should be implemented in ways that do not

endanger, stigmatize, or divert needed treatment resources away from

such traditional mental health patients.

Definitions.

As used in this article, the following terms shall have the following

meanings:

(a) "Agency with jurisdiction" as to a person means that agency which,

during the period in question, would be the agency responsible for

supervising or releasing such person, and can include the department of

corrections and community supervision, the office of mental health, and

the office for people with developmental disabilities.

(b) "Commissioner" means the commissioner of mental health or the

commissioner of developmental disabilities.

(c) "Correctional facility" means a correctional facility as that term

is defined in section two of the correction law.

(d) "Counsel for respondent" means any counsel that has been retained

or appointed for respondent, or if no other counsel has been retained or

appointed, or prior counsel cannot be located with reasonable efforts,

then the mental hygiene legal service.

(e) "Dangerous sex offender requiring confinement" means a person who

is a detained sex offender suffering from a mental abnormality involving

such a strong predisposition to commit sex offenses, and such an

inability to control behavior, that the person is likely to be a danger

to others and to commit sex offenses if not confined to a secure

treatment facility.

(f) "Designated felony" means any felony offense defined by any of the

following provisions of the penal law: assault in the second degree as

defined in section 120.05, assault in the first degree as defined in

section 120.10, gang assault in the second degree as defined in section

120.06, gang assault in the first degree as defined in section 120.07,

stalking in the first degree as defined in section 120.60, strangulation

in the second degree as defined in section 121.12, strangulation in the

first degree as defined in section 121.13, manslaughter in the second

degree as defined in subdivision one of section 125.15, manslaughter in

the first degree as defined in section 125.20, murder in the second

degree as defined in section 125.25, aggravated murder as defined in

section 125.26, murder in the first degree as defined in section 125.27,

kidnapping in the second degree as defined in section 135.20, kidnapping

in the first degree as defined in section 135.25, burglary in the third

degree as defined in section 140.20, burglary in the second degree as

defined in section 140.25, burglary in the first degree as defined in

section 140.30, arson in the second degree as defined in section 150.15,

arson in the first degree as defined in section 150.20, robbery in the

third degree as defined in section 160.05, robbery in the second degree

as defined in section 160.10, robbery in the first degree as defined in

section 160.15, promoting prostitution in the second degree as defined

in section 230.30, promoting prostitution in the first degree as defined

in section 230.32, compelling prostitution as defined in section 230.33,

sex trafficking of a child as defined in section 230.34-a, disseminating

indecent material to minors in the first degree as defined in section

235.22, use of a child in a sexual performance as defined in section

263.05, promoting an obscene sexual performance by a child as defined in

section 263.10, promoting a sexual performance by a child as defined in

section 263.15, or any felony attempt or conspiracy to commit any of the

foregoing offenses.

(g) "Detained sex offender" means a person who is in the care,

custody, control, or supervision of an agency with jurisdiction, with

respect to a sex offense or designated felony, in that the person is

either:

(1) A person who stands convicted of a sex offense as defined in

subdivision (p) of this section, and is currently serving a sentence

for, or subject to supervision by the division of parole, whether on

parole or on post-release supervision, for such offense or for a related

offense;

(2) A person charged with a sex offense who has been determined to be

an incapacitated person with respect to that offense and has been

committed pursuant to article seven hundred thirty of the criminal

procedure law, but did engage in the conduct constituting such offense;

(3) A person charged with a sex offense who has been found not

responsible by reason of mental disease or defect for the commission of

that offense;

(4) A person who stands convicted of a designated felony that was

sexually motivated and committed prior to the effective date of this

article;

(5) A person convicted of a sex offense who is, or was at any time

after September first, two thousand five, a patient in a hospital

operated by the office of mental health, and who was admitted directly

to such facility pursuant to article nine of this title or section four

hundred two of the correction law upon release or conditional release

from a correctional facility, provided that the provisions of this

article shall not be deemed to shorten or lengthen the time for which

such person may be held pursuant to such article or section

respectively; or

(6) A person who has been determined to be a sex offender requiring

civil management pursuant to this article.

(h) "Licensed psychologist" means a person who is registered as a

psychologist under article one hundred fifty-three of the education law.

(i) "Mental abnormality" means a congenital or acquired condition,

disease or disorder that affects the emotional, cognitive, or volitional

capacity of a person in a manner that predisposes him or her to the

commission of conduct constituting a sex offense and that results in

that person having serious difficulty in controlling such conduct.

(j) "Psychiatric examiner" means a qualified psychiatrist or a

licensed psychologist who has been designated to examine a person

pursuant to this article; such designee may, but need not, be an

employee of the office of mental health or the office for people with

developmental disabilities.

(k) "Qualified psychiatrist" means a physician licensed to practice

medicine in New York state who: (1) is a diplomate of the American board

of psychiatry and neurology or is eligible to be certified by that

board; or (2) is certified by the American osteopathic board of

neurology and psychiatry or is eligible to be certified by that board.

(l) "Related offenses" include any offenses that are prosecuted as

part of the same criminal action or proceeding, or which are part of the

same criminal transaction, or which are the bases of the orders of

commitment received by the department of correctional services in

connection with an incarcerated individual's current term of

incarceration.

(m) "Release" and "released" means release, conditional release or

discharge from confinement, from community supervision by the department

of corrections and community supervision, or from an order of

observation, commitment, recommitment or retention.

(n) "Respondent" means a person referred to a case review team for

evaluation, a person as to whom a sex offender civil management petition

has been recommended by a case review team and not yet filed, or filed

by the attorney general and not dismissed, or sustained by procedures

under this article.

(o) "Secure treatment facility" means a facility or a portion of a

facility, designated by the commissioner, that may include a facility

located on the grounds of a correctional facility, that is staffed with

personnel from the office of mental health or the office for people with

developmental disabilities for the purposes of providing care and

treatment to persons confined under this article, and persons defined in

paragraph five of subdivision (g) of this section. Personnel from these

same agencies may provide security services, provided that such staff

are adequately trained in security methods and so equipped as to

minimize the risk or danger of escape.

(p) "Sex offense" means an act or acts constituting: (1) any felony

defined in article one hundred thirty of the penal law, including a

sexually motivated felony; (2) patronizing a person for prostitution in

the first degree as defined in section 230.06 of the penal law,

aggravated patronizing a minor for prostitution in the first degree as

defined in section 230.13 of the penal law, aggravated patronizing a

minor for prostitution in the second degree as defined in section 230.12

of the penal law, aggravated patronizing a minor for prostitution in the

third degree as defined in section 230.11 of the penal law, incest in

the second degree as defined in section 255.26 of the penal law, or

incest in the first degree as defined in section 255.27 of the penal

law; (3) a felony attempt or conspiracy to commit any of the foregoing

offenses set forth in this subdivision; or (4) a designated felony, as

defined in subdivision (f) of this section, if sexually motivated and

committed prior to the effective date of this article.

(q) "Sex offender requiring civil management" means a detained sex

offender who suffers from a mental abnormality. A sex offender requiring

civil management can, as determined by procedures set forth in this

article, be either (1) a dangerous sex offender requiring confinement or

(2) a sex offender requiring strict and intensive supervision.

(r) "Sex offender requiring strict and intensive supervision" means a

detained sex offender who suffers from a mental abnormality but is not a

dangerous sex offender requiring confinement.

(s) "Sexually motivated" means that the act or acts constituting a

designated felony were committed in whole or in substantial part for the

purpose of direct sexual gratification of the actor.

Notice and case review.

(a) The commissioner of mental health, in consultation with the

commissioner of the department of corrections and community supervision

and the commissioner of developmental disabilities, shall establish a

case review panel consisting of at least fifteen members, any three of

whom may sit as a team to review a particular case. At least two members

of each team shall be professionals in the field of mental health or the

field of developmental disabilities, as appropriate, with experience in

the treatment, diagnosis, risk assessment or management of sex

offenders. To the extent practicable, the workload of the case review

panel should be evenly distributed among its members. Members of the

case review panel and psychiatric examiners should be free to exercise

independent professional judgment without pressure or retaliation for

the exercise of that judgment from any source.

(b) When it appears to an agency with jurisdiction that a person who

may be a detained sex offender is nearing an anticipated release from

confinement, the agency shall give notice of that fact to the attorney

general and to the commissioner of mental health. When it appears to the

department of corrections and community supervision that a person who

may be a detained sex offender is nearing an anticipated release from

community supervision, the agency may give such notice. The agency with

jurisdiction shall seek to give such notice at least one hundred twenty

days prior to the person's anticipated release, but failure to give

notice within such time period shall not affect the validity of such

notice or any subsequent action, including the filing of a sex offender

civil management petition.

(c) The notice to the attorney general and the commissioner of mental

health shall, to the extent possible, contain the following:

(1) The person's name, aliases, and other identifying information such

as date of birth, sex, physical characteristics, and anticipated future

residence;

(2) A photograph and a set of fingerprints;

(3) A description of the act or acts that constitute the sex offense

and a description of the person's criminal history, including the

person's most recent sentence and any supervisory terms that it

includes;

(4) The presentence reports prepared pursuant to article three hundred

ninety of the criminal procedure law and other available materials

concerning the person's sex offense; and

(5) A description of the person's institutional history, including his

or her participation in any sex offender treatment program; and

(6) Records of parole release interviews prepared pursuant to

subparagraph (ii) of paragraph (a) of subdivision six of section two

hundred fifty-nine-i of the executive law.

(d) The commissioner shall be authorized to designate

multidisciplinary staff, including clinical and other professional

personnel, to provide a preliminary review of the need for detained sex

offenders to be evaluated under the procedures of this section. When the

commissioner receives notice pursuant to subdivision (b) of this

section, such staff shall review and assess relevant medical, clinical,

criminal, and institutional records, actuarial risk assessment

instruments and other records and reports, including records of parole

release interviews where applicable, and records and reports provided by

the district attorney of the county where the person was convicted, or

in the case of persons determined to be incapacitated or not responsible

by reason of mental disease or defect, the county where the person was

charged. Upon such review and assessment, the staff shall determine

whether the person who is the subject of the notice should be referred

to a case review team for evaluation.

(e) If the person is referred to a case review team for evaluation,

notice of such referral shall be provided to the respondent. Upon such

referral, the case review team shall review relevant records, including

those described in subdivisions (c) and (d) of this section, and may

arrange for a psychiatric examination of the respondent. Based on the

review and assessment of such information, the case review team shall

consider whether the respondent is a sex offender requiring civil

management.

(f) If the case review team determines that the respondent is not a

sex offender requiring civil management, it shall so notify the

respondent and the attorney general, and the attorney general shall not

file a sex offender civil management petition.

(g) If the case review team finds that the respondent is a sex

offender requiring civil management, it shall so notify the respondent

and the attorney general, in writing. The written notice must be

accompanied by a written report from a psychiatric examiner that

includes a finding as to whether the respondent has a mental

abnormality. Where the notice indicates that a respondent stands

convicted of or was charged with a designated felony, it shall also

include the case review team's finding as to whether the act was

sexually motivated. The case review team shall provide its written

notice to the attorney general and the respondent within forty-five days

of the commissioner receiving the notice of anticipated release.

However, failure to do so within that time period shall not affect the

validity of such notice or finding or any subsequent action, including

the attorney general's filing of a sex offender civil management

petition subsequent to receiving the finding of the case review team.

Petition and hearing.

(a) If the case review team finds that a respondent is a sex offender

requiring civil management, then the attorney general may file a sex

offender civil management petition in the supreme court or county court

of the county where the respondent is located. In determining whether to

file such a petition, the attorney general shall consider information

about any continuing supervision to which the respondent will be subject

as a result of criminal conviction, and shall take such supervision into

account when assessing the need for further management as provided by

this article. If the attorney general elects to file a sex offender

civil management petition, he or she shall serve a copy of the petition

upon the respondent. The petition shall contain a statement or

statements alleging facts of an evidentiary character tending to support

the allegation that the respondent is a sex offender requiring civil

management. The attorney general shall seek to file the petition within

thirty days after receiving notice of the case review team's finding,

but failure to do so within that period shall not affect the validity of

the petition.

(b) Within ten days after the attorney general files a sex offender

civil management petition, the respondent may file in the same court a

notice of removal to the county of the underlying criminal sex offense

charges. The attorney general may, in the court in which the petition is

pending, move for a retention of venue. Such motion shall be made within

five days after the attorney general is served with a notice of removal,

which time may be extended for good cause shown. The court shall grant

the motion if the attorney general shows good cause for such retention.

If the attorney general does not timely move for a retention of venue,

or does so move and the motion is denied, then the proceedings shall be

transferred to the county of the underlying criminal sex offense

charges. If the respondent does not timely file a notice of removal, or

the attorney general moves for retention of venue and such motion is

granted, then the proceedings shall continue where the petition was

filed.

(c) Promptly upon the filing of a sex offender civil management

petition, or upon a request to the court by the attorney general for an

order pursuant to subdivision (d) of this section that a respondent

submit to an evaluation by a psychiatric examiner, whichever occurs

earlier, the court shall appoint counsel in any case where the

respondent is financially unable to obtain counsel. The court shall

appoint the mental hygiene legal service if possible. In the event that

the court determines that the mental hygiene legal service cannot accept

appointment, the court shall appoint an attorney eligible for

appointment pursuant to article eighteen-B of the county law, or an

entity, if any, that has contracted for the delivery of legal

representation services under subdivision (c) of section 10.15 of this

article. Counsel for the respondent shall be provided with copies of the

written notice made by the case review team, the petition and the

written reports of the psychiatric examiners.

(d) At any time after receiving notice pursuant to subdivision (b) of

section 10.05 of this article, and prior to trial, the attorney general

may request the court in which the sex offender civil management

petition could be filed, or is pending, to order the respondent to

submit to an evaluation by a psychiatric examiner. Upon such a request,

the court shall order that the respondent submit to an evaluation by a

psychiatric examiner chosen by the attorney general and, if the

respondent is not represented by counsel, the court shall appoint

counsel for the respondent. Following the evaluation, such psychiatric

examiner shall report his or her findings in writing to the attorney

general, to counsel for the respondent, and to the court.

(e) At any time after the filing of a sex offender civil management

petition, and prior to trial, the respondent may request the court in

which the petition is pending to order that he or she be evaluated by a

psychiatric examiner. Upon such a request, the court shall order an

evaluation by a psychiatric examiner. If the respondent is financially

unable to obtain an examiner, the court shall appoint an examiner of the

respondent's choice to be paid within the limits prescribed by law.

Following the evaluation, such psychiatric examiner shall report his or

her findings in writing to the respondent or counsel for the respondent,

to the attorney general, and to the court.

(f) Notwithstanding any other provision of this article, if it appears

that the respondent may be released prior to the time the case review

team makes a determination, and the attorney general determines that the

protection of public safety so requires, the attorney general may file a

securing petition at any time after receipt of written notice pursuant

to subdivision (b) of section 10.05 of this article. In such

circumstance, there shall be no probable cause hearing until such time

as the case review team may find that the respondent is a sex offender

requiring civil management. If the case review team determines that the

respondent is not a sex offender requiring civil management, the

attorney general shall so advise the court and the securing petition

shall be dismissed.

(g) Within thirty days after the sex offender civil management

petition is filed, or within such longer period as to which the

respondent may consent, the supreme court or county court before which

the petition is pending shall conduct a hearing without a jury to

determine whether there is probable cause to believe that the respondent

is a sex offender requiring civil management.

(h) If the respondent was released subsequent to notice under

subdivision (b) of section 10.05 of this article, and is therefore at

liberty when the petition is filed, the court shall order the

respondent's return to confinement, observation, commitment,

recommitment or retention, as applicable, for purposes of the probable

cause hearing. When a court issues such an order, the hearing shall

commence no later than seventy-two hours from the date of the

respondent's return. If the respondent is not at liberty when the

petition is filed, but becomes eligible to be released prior to the

probable cause hearing, the court shall order the stay of such release

pending the probable cause hearing. When a court issues such an order,

the hearing shall commence no later than seventy-two hours from the date

of the respondent's anticipated release date. In either case, the

release of the respondent shall be in accordance with other provisions

of law if the hearing does not commence within such period of

seventy-two hours, unless: (i) the failure to commence the hearing was

due to the respondent's request, action or condition, or occurred with

his or her consent; or (ii) the court is satisfied that the attorney

general has shown good cause why the hearing could not so commence. Any

failure to commence the probable cause hearing within the time periods

specified shall not result in the dismissal of the petition and shall

not affect the validity of the hearing or the probable cause

determination.

(i) The provisions of subdivision (g) of section 10.08 of this article

shall be applicable to the hearing. The hearing should be completed in

one session but, in the interest of justice, may be adjourned by the

court.

(j) The respondent's commission of a sex offense shall be deemed

established and shall not be relitigated at the probable cause hearing,

whenever it appears that: (i) the respondent stands convicted of such

offense; (ii) the respondent previously has been found not responsible

by reason of mental disease or defect for the commission of such offense

or for an act or acts constituting such offense; or (iii) the respondent

was indicted for such offense by a grand jury but found to be

incompetent to stand trial for such offense. Whenever the petition

alleges the respondent's commission of a designated felony prior to the

effective date of this article, the issue of whether there is probable

cause to believe that the commission of such offense was sexually

motivated shall be determined by the court.

(k) At the conclusion of the hearing, the court shall determine

whether there is probable cause to believe that the respondent is a sex

offender requiring civil management. If the court determines that

probable cause has not been established, the court shall issue an order

dismissing the petition, and the respondent's release shall be in

accordance with other applicable provisions of law. If the court

determines that probable cause has been established: (i) the court shall

order that the respondent be committed to a secure treatment facility

designated by the commissioner for care, treatment and control upon his

or her release, provided, however, that a respondent who otherwise would

be required to be transferred to a secure treatment facility may, upon a

written consent signed by the respondent and his or her counsel, consent

to remain in the custody of the department of corrections and community

supervision pending the outcome of the proceedings under this article,

and that such consent may be revoked in writing at any time; (ii) the

court shall set a date for trial in accordance with subdivision (a) of

section 10.07 of this article; and (iii) the respondent shall not be

released pending the completion of such trial.

(l) (1) If a respondent who is transferred to a secure treatment

facility pursuant to subdivision (k) of this section, has not yet

reached his or her maximum expiration date on the underlying determinate

or indeterminate sentence of imprisonment, is significantly disruptive

of the treatment program at such secure treatment facility, the person

in charge of treatment programs at such facility may initiate a

proceeding to obtain an order that the respondent shall be transferred

to the custody of the department of corrections and community

supervision for such conduct.

(2) Such a proceeding shall be initiated by a written notice served

upon the respondent, and provided by mail to his or her counsel (or by

electronic mail or facsimile to a destination identified by such counsel

for such purpose). Such notice shall identify in detail the dates, times

and nature of the alleged misconduct pursuant to paragraph one of this

subdivision, the possible sanctions, and the date, time and location of

the hearing.

(3) A hearing on the allegations shall be held no less than ten days

nor more than sixty days after such notice is served on the respondent

and provided to his or her counsel. The hearing shall be conducted by

the director of the secure treatment facility, or his or her designee.

The respondent may be represented by counsel. Evidence shall be

introduced through witnesses and documents, if any, and both the person

in charge of the treatment program presenting the case and the

respondent may call and cross-examine witnesses and present documentary

evidence relevant to the question of whether the respondent has been

significantly disruptive of the treatment program. The presiding officer

may accept such evidence without applying formal state or federal rules

of evidence. The hearing shall be recorded or a stenographic record of

the proceeding shall be kept. When hearing the matter and, if the

allegations are sustained, the presiding officer shall consider the

respondent's mental health condition and its effect, if any, on his or

her conduct.

(4) At the conclusion of the hearing, if the presiding officer is

satisfied that there is a preponderance of evidence that the respondent

has been significantly disruptive of the treatment program at the secure

treatment facility, the presiding officer shall so find. In such event,

the presiding officer may order the respondent's transfer back to the

custody of the department of corrections and community supervision for a

period of up to six months, provided however, that when such respondent

reaches the maximum expiration date of his or her underlying sentence he

or she shall be returned to a secure treatment facility unless he or she

consents in writing as provided in subdivision (k) of this section to

remaining in the custody of the department of corrections and community

supervision and provided further that he or she shall be returned to a

secure treatment facility if the final order issued pursuant to

subdivision (f) of section 10.07 of this article requires placement in a

secure treatment facility.

(5) At the conclusion of the hearing, the presiding officer shall

prepare a written statement, to be made available to the respondent and

his or her counsel, indicating the evidence relied on, the reasons for

the determination and specifying the procedures and time frame for

administrative appeal to the commissioner. The determination may be

appealed to the commissioner in accordance with procedures established

in writing by the department. The respondent shall be given at least ten

days after notice of the determination has been served and the

transcript or recording of the proceeding (with appropriate access

equipment) has been provided to perfect the appeal. The respondent may

be represented by counsel on the administrative appeal.

Trial.

(a) Within sixty days after the court determines, pursuant to

subdivision (k) of section 10.06 of this article, that there is probable

cause to believe that the respondent is a sex offender requiring civil

management, the court shall conduct a jury trial to determine whether

the respondent is a detained sex offender who suffers from a mental

abnormality. The trial shall be held before the same court that

conducted the probable cause hearing unless either the attorney general

or counsel for the respondent has moved for a change of venue and the

motion has been granted by the court.

(b) The provisions of article forty-one of the civil practice law and

rules shall apply to the formation and conduct of jury trial under this

section, except that the provisions of the following sections of the

criminal procedure law shall govern to the extent that the provisions of

article forty-one of the civil practice law and rules are inconsistent

therewith: sections 270.05, 270.10, 270.15, 270.20, subdivision one of

section 270.25, and subdivision one of section 270.35 (except for the

provisions thereof requiring consent for the replacement of a discharged

juror with an alternate). Each side shall have ten peremptory challenges

for the regular jurors and two for each alternate juror to be selected.

The right to a trial by jury may be waived by the respondent, and upon

such waiver, the court shall conduct a trial in accordance with article

forty-two of the civil practice law and rules, excluding provisions for

decision-making by referees.

(c) The provisions of subdivision (g) of section 10.08 of this article

and article forty-five of the civil practice law and rules shall be

applicable to trials conducted pursuant to this section. The jury may

hear evidence of the degree to which the respondent cooperated with the

psychiatric examination. If the court finds that the respondent refused

to submit to a psychiatric examination pursuant to this article, upon

request it shall so instruct the jury. The respondent's commission of a

sex offense shall be deemed established and shall not be relitigated at

the trial, whenever it is shown that: (i) the respondent stands

convicted of such offense; or (ii) the respondent previously has been

found not responsible by reason of mental disease or defect for the

commission of such offense or for an act or acts constituting such

offense. Whenever the petition alleges the respondent's commission of a

designated felony prior to the effective date of this article, the issue

of whether such offense was sexually motivated shall be determined by

the jury.

(d) The jury, or the court if a jury trial is waived, shall determine

by clear and convincing evidence whether the respondent is a detained

sex offender who suffers from a mental abnormality. The burden of proof

shall be on the attorney general. A determination, if made by the jury,

must be by unanimous verdict. In charging the jury, the court's

instructions shall include the admonishment that the jury may not find

solely on the basis of the respondent's commission of a sex offense that

the respondent is a detained sex offender who suffers from a mental

abnormality. In the case of a respondent committed pursuant to article

seven hundred thirty of the criminal procedure law for a sex offense,

the attorney general shall have the burden of proving by clear and

convincing evidence that the respondent did engage in the conduct

constituting such offense.

(e) If the jury unanimously, or the court if a jury trial is waived,

determines that the attorney general has not sustained his or her burden

of establishing that the respondent is a detained sex offender who

suffers from a mental abnormality, the court shall dismiss the petition

and the respondent shall be released if and as warranted by other

provisions of law. If the jury is unable to render a unanimous verdict,

the court shall continue any commitment order previously issued and

schedule a second trial to be held within sixty days in accordance with

the provisions of subdivision (a) of this section. If the jury in such

second trial is unable to render a unanimous verdict as to whether the

respondent is a detained sex offender who suffers from a mental

abnormality, the court shall dismiss the petition.

(f) If the jury, or the court if a jury trial is waived, determines

that the respondent is a detained sex offender who suffers from a mental

abnormality, then the court shall consider whether the respondent is a

dangerous sex offender requiring confinement or a sex offender requiring

strict and intensive supervision. The parties may offer additional

evidence, and the court shall hear argument, as to that issue. If the

court finds by clear and convincing evidence that the respondent has a

mental abnormality involving such a strong predisposition to commit sex

offenses, and such an inability to control behavior, that the respondent

is likely to be a danger to others and to commit sex offenses if not

confined to a secure treatment facility, then the court shall find the

respondent to be a dangerous sex offender requiring confinement. In such

case, the respondent shall be committed to a secure treatment facility

for care, treatment, and control until such time as he or she no longer

requires confinement. If the court does not find that the respondent is

a dangerous sex offender requiring confinement, then the court shall

make a finding of disposition that the respondent is a sex offender

requiring strict and intensive supervision, and the respondent shall be

subject to a regimen of strict and intensive supervision and treatment

in accordance with section 10.11 of this article. In making a finding of

disposition, the court shall consider the conditions that would be

imposed upon the respondent if subject to a regimen of strict and

intensive supervision, and all available information about the prospects

for the respondent's possible re-entry into the community.

Procedures under this article.

(a) When a respondent submits to an examination pursuant to an order

issued in accordance with this article, any statement made by the

respondent for the purpose of the examination shall be kept confidential

in accordance with the provisions of section 33.13 of this chapter and

shall be inadmissible in evidence against him or her in any criminal

action or proceeding, provided that such statements may be used in

proceedings under this article.

(b) A psychiatric examiner chosen by the attorney general shall have

reasonable access to the respondent for the purpose of such examination,

as well as to the respondent's relevant medical, clinical, criminal or

other records and reports. A psychiatric examiner chosen by or appointed

on behalf of the respondent shall have reasonable access to the

respondent's relevant medical, clinical or criminal records and reports,

except that such psychiatric examiner shall not have access without

court order and for good cause shown to the name of, address of, or any

other identifying information about the victim or victims. To the extent

possible, such identifying information should be redacted so as to

provide the examiner with access to the balance of the document. In

conducting examinations under this article, psychiatric examiners may

employ any method that is accepted by the medical profession for the

examination of persons alleged to be suffering from a mental disability

or mental abnormality.

(c) Notwithstanding any other provision of law, the commissioner, the

case review panel and the attorney general shall be entitled to request

from any agency, office, department or other entity of the state, and

such entity shall be authorized to provide upon such request, any and

all records and reports relating to the respondent's commission or

alleged commission of a sex offense, the institutional adjustment and

any treatment received by such respondent, and any medical, clinical or

other information relevant to a determination of whether the respondent

is a sex offender requiring civil management. Otherwise confidential

materials obtained for purposes of proceedings pursuant to this article

shall not be further disseminated or otherwise used except for such

purposes. Nothing in this article shall be construed to restrict any

right of a respondent to obtain his or her own records pursuant to other

provisions of law.

(d) The attorney general shall make records in his or her possession

and relevant to the respondent available for inspection or copying by

counsel for the respondent for purposes of hearing, trial, and appeal

provided, however, that counsel shall not have access to the name of,

address of, or any other identifying information about the victim or

victims, or to any investigative or other reports that relate to matters

beyond the scope of the proceedings and are confidential or privileged

from disclosure. To the extent possible, such identifying information

should be redacted so as to provide counsel with access to the balance

of the document.

(e) At any hearing or trial pursuant to the provisions of this

article, the court may change the venue of the trial to any county for

good cause, which may include considerations relating to the convenience

of the parties or witnesses or the condition of the respondent.

(e-1) Records or reports provided to the respondent in accordance with

this article shall be disclosed in the circumstances and in the same

manner as records and reports disclosed pursuant to the provisions of

section 33.16 of this chapter.

(f) Time periods specified by provisions of this article for actions

by state agencies are goals that the agencies shall try to meet, but

failure to act within such periods shall not invalidate later agency

action except as explicitly provided by the provision in question. The

court may extend any time period at the request, or on the consent, of

the respondent. No provision of this article shall be interpreted so as

to prevent a respondent, after opportunity to consult with counsel for

respondent, from consenting to the relief which could be sought by an

agency with jurisdiction by means of a court proceeding under this

article.

(g) In preparing for or conducting any hearing or trial pursuant to

the provisions of this article, and in preparing any petition under the

provisions of this article, the respondent shall have the right to have

counsel represent him or her, provided that the respondent shall not be

entitled to appointment of counsel prior to the time provided in section

10.06 of this article. The attorney general shall represent the state.

Any relevant written reports of psychiatric examiners shall be

admissible, regardless of whether the author of the report is called to

testify, so long as they are certified pursuant to subdivision (c) of

rule forty-five hundred eighteen of the civil practice law and rules, in

any proceeding or hearing held pursuant to subdivision (g) or (h) of

section 10.06 of this article, paragraph two of subdivision (a), or

paragraph four of subdivision (d), or subdivision (e), (g) or (h) of

section 10.11 of this article. In all other proceedings or hearings held

pursuant to this article, such admissibility shall require a showing of

the author's unavailability to testify, or other good cause. All plea

minutes and prior trial testimony from the underlying criminal

proceeding, and records from previous proceedings under this article,

shall be admissible. Each witness, whether called by the attorney

general or the respondent, must, unless he or she would be authorized to

give unsworn evidence at a trial, testify under oath, and may be

cross-examined. The respondent may, as a matter of right, testify in his

or her own behalf, call and examine other witnesses, and produce other

evidence in his or her behalf. The respondent may not, however, cause a

subpoena to be served on the person against whom the sex offense was

committed or alleged to have been committed by the respondent, except

upon order of the court for good cause shown. Either party may request

closure of the courtroom, or sealing of papers, for good cause shown.

(h) The procedures and standards set forth in this article governing

the imposition of conditions upon the respondent are intended to be the

minimum required to provide for the protection of the public and

treatment of the respondent. Nothing in this article shall be construed

to require the availability or imposition of forms of treatment or

supervision other than those for which this article specifically

provides.

(i) * (1) At a proceeding conducted pursuant to subdivision (g) or (h)

of section 10.06 of this article, a psychiatric examiner called to

testify may be permitted, upon good cause shown, to testify by

electronic appearance in the court, as that phrase is defined in section

182.10 of the criminal procedure law. It shall constitute good cause to

permit such an electronic appearance that such proposed witness is

currently employed by the state at a secure treatment facility or

another work location unless there are compelling circumstances

requiring the witness' personal presence at the court proceeding.

* NB Effective until September 1, 2028

* (1) At a proceeding conducted pursuant to subdivision (g) or (h) of

section 10.06 of this article, a psychiatric examiner called to testify

may be permitted, upon good cause shown, to testify by electronic

appearance in the court by means of an independent audio-visual system,

as that phrase is defined in subdivision one of section 182.10 of the

criminal procedure law. It shall constitute good cause to permit such an

electronic appearance that such proposed witness is currently employed

by the state at a secure treatment facility or another work location

unless there are compelling circumstances requiring the witness'

personal presence at the court proceeding.

* NB Effective September 1, 2028

(2) A copy of any clinical record or other document that the party

calling such psychiatric examiner intends to present to the witness or

introduce during the direct testimony of such psychiatric examiner by

electronic appearance shall be provided to opposing counsel and, in a

manner consistent with section 33.16 of this chapter, the respondent:

(i) five days or more before the date such person is called to testify

by electronic appearance at a proceeding conducted pursuant to

subdivision (g) of section 10.06 of this article, and (ii) twenty-four

hours or more before the date such person is called to testify by

electronic appearance at a proceeding conducted pursuant to subdivision

(h) of such section 10.06.

(3) Except as provided in paragraph four of this subdivision, copies

of clinical records and documents not made available to opposing counsel

and, where applicable, the respondent as required by paragraph two of

this subdivision shall not be permitted to be presented to the witness

on direct examination or introduced in evidence without the consent of

opposing counsel provided, however, that where good cause is shown why

such clinical record or other document was not provided sufficiently in

advance as required by this subdivision, the court shall allow such

clinical record or other document to be provided by appropriate means,

including but not limited to facsimile or electronic means, and then

used or considered in the same manner as if timely advance disclosure

had been made.

(4) The court shall order that copies of clinical records and other

documents relevant for cross-examination, re-direct examination or

re-cross examination of such witness testifying by electronic means, not

otherwise provided pursuant to this subdivision, be provided to opposing

counsel and, in a manner consistent with section 33.16 of this chapter,

the respondent, by appropriate means, including but not limited to

facsimile or other electronic means.

(5) For purposes of this subdivision, an "electronic appearance" means

an appearance at which a participant is not present in the court, but in

which all of the participants are able to see and hear the simultaneous

reproductions of the voices and images of the judge, counsel, respondent

and any other appropriate participant. When a witness makes an

electronic appearance pursuant to this subdivision, the court

stenographer shall record any statements in the same manner as if the

witness had made a personal appearance.

Annual examinations and petitions for discharge.

(a) The commissioner shall provide the respondent and counsel for

respondent with an annual written notice of the right to petition the

court for discharge. The notice shall contain a form for the waiver of

the right to petition for discharge.

(b) The commissioner shall also assure that each respondent committed

under this article shall have an examination for evaluation of his or

her mental condition made at least once every year (calculated from the

date on which the supreme or county court judge last ordered or

confirmed the need for continued confinement pursuant to this article or

the date on which the respondent waived the right to petition for

discharge pursuant to this section, whichever is later, as applicable)

conducted by a psychiatric examiner who shall report to the commissioner

his or her written findings as to whether the respondent is currently a

dangerous sex offender requiring confinement. At such time, the

respondent also shall have the right to be evaluated by an independent

psychiatric examiner. If the respondent is financially unable to obtain

an examiner, the court shall appoint an examiner of the respondent's

choice to be paid within the limits prescribed by law. Following such

evaluation, each psychiatric examiner shall report his or her findings

in writing to the commissioner and to counsel for respondent. The

commissioner shall review relevant records and reports, along with the

findings of the psychiatric examiners, and shall make a determination in

writing as to whether the respondent is currently a dangerous sex

offender requiring confinement.

(c) The commissioner shall annually forward the notice and waiver

form, along with a report including the commissioner's written

determination and the findings of the psychiatric examination, to the

supreme or county court where the respondent is located.

(d) The court shall hold an evidentiary hearing as to retention of the

respondent within forty-five days if it appears from one of the annual

submissions to the court under subdivision (c) of this section (i) that

the respondent has petitioned, or has not affirmatively waived the right

to petition, for discharge, or (ii) that even if the respondent has

waived the right to petition, and the commissioner has determined that

the respondent remains a dangerous sex offender requiring confinement,

the court finds on the basis of the materials described in subdivision

(b) of this section that there is a substantial issue as to whether the

respondent remains a dangerous sex offender requiring confinement. At an

evidentiary hearing on that issue under this subdivision, the attorney

general shall have the burden of proof.

(e) If, at any time, the commissioner determines that the respondent

no longer is a dangerous sex offender requiring confinement, the

commissioner shall petition the court for discharge of the respondent or

for the imposition of a regimen of strict and intensive supervision and

treatment. The petition shall be served upon the attorney general and

the respondent, and filed in the supreme or county court where the

person is located. The court, upon review of the petition, shall either

order the requested relief or order that an evidentiary hearing be held.

(f) The respondent may at any time petition the court for discharge

and/or release to the community under a regimen of strict and intensive

supervision and treatment. Upon review of the respondent's petition,

other than in connection with annual reviews as described in

subdivisions (a), (b) and (d) of this section, the court may order that

an evidentiary hearing be held, or may deny an evidentiary hearing and

deny the petition upon a finding that the petition is frivolous or does

not provide sufficient basis for reexamination prior to the next annual

review. If the court orders an evidentiary hearing under this

subdivision, the attorney general shall have the burden of proof as to

whether the respondent is currently a dangerous sex offender requiring

confinement.

(g) In connection with any evidentiary hearing held pursuant to

subdivision (d), (e), or (f) of this section, upon the request of either

party or upon its own motion, the court may direct the submission of

evidence, and may order a psychiatric evaluation if the court finds that

any available examination reports are not current or otherwise not

sufficient.

(h) At the conclusion of an evidentiary hearing, if the court finds by

clear and convincing evidence that the respondent is currently a

dangerous sex offender requiring confinement, the court shall continue

the respondent's confinement. Otherwise the court, unless it finds that

the respondent no longer suffers from a mental abnormality, shall issue

an order providing for the discharge of the respondent to a regimen of

strict and intensive supervision and treatment pursuant to section 10.11

of this article.

Treatment and confinement.

(a) If the respondent is found to be a dangerous sex offender

requiring confinement and committed to a secure treatment facility, that

facility shall provide care, treatment, and control of the respondent

until such time that a court discharges the respondent in accordance

with the provisions of this article.

(b) The commissioner shall, for persons committed pursuant to this

article, develop and implement a treatment plan in accordance with the

provisions of section 29.13 of this chapter. The commissioner shall give

due regard to any relevant standards, guidelines, and best practices

recommended by the office of sex offender management.

(c) The commissioner, or the commissioner of the department of

corrections and community supervision, or other government entity

responsible for the care and custody of respondents, shall be authorized

to employ appropriate safety and security measures, as he or she deems

necessary to ensure the safety of the public, during court proceedings

and in the transport of persons committed or undergoing any proceedings

under this article. Such commissioner shall provide training in the use

of safe and appropriate security interventions to employees responsible

for transporting persons under this article.

(d) The commissioner shall have the discretion to enter into

agreements with the department of corrections and community supervision

for the provision of security services relating to this article.

(e) Persons in the custody of the commissioner pursuant to this

article shall be kept separate from other persons in the care, custody

and control of the commissioner, and shall be segregated from such other

persons, provided, however, that persons committed or subject to

proceedings under this article need not be segregated from other sex

offenders committed or subject to proceedings under this article,

article nine of this title, or section four hundred two of the

correction law. If any dangerous sex offenders requiring confinement are

committed to a secure treatment facility located on the grounds of a

correctional facility, they shall be kept separate from persons in

custody as a result of criminal cases, and shall be segregated from such

persons. Occasional instances of supervised, incidental contact between

persons required by this subdivision to be segregated shall not be

considered a violation of such segregation requirements.

(f) In accordance with security procedures developed by the

commissioner, a person committed under this article may be granted an

escorted privilege by the director of the secure treatment facility in

which he or she is receiving care and treatment but only for the

purposes of allowing the person to receive medical or dental care or

treatment not available at the facility, to visit a family member who is

seriously ill or to attend the funeral of a family member. A person

granted an escorted privilege shall be under the constant supervision of

one or more facility employees who have been designated by the

commissioner or other specially trained personnel approved by the

commissioner to provide care and supervision of such persons.

(g) If a person is in the custody of the commissioner pursuant to an

order issued under this article, and such person escapes from custody,

notice of such escape shall be given as soon as the facility staff

learns of such escape, and shall include such information as will

adequately identify the escaped individual, any person or persons

believed to be in danger, and the nature of the danger. Such notice

shall be given by any means reasonably calculated to give prompt actual

notice, and shall be given to:

(1) the district attorney of the county where the person was

convicted, adjudicated, or charged; the attorney general; and counsel

for respondent or the mental hygiene legal service;

(2) the superintendent of the state police;

(3) the sheriff of the county where the escape occurred;

(4) the police department having jurisdiction of the area where the

escape occurred;

(5) any victim or victims who submitted the notification form

described in subdivision four of section 380.50 of the criminal

procedure law;

(6) any person the facility staff reasonably believes could be in

danger;

(7) any law enforcement agency and any person the facility staff

believes would be able to apprise such victim or victims that the person

escaped from the facility; and

(8) any other person the committing court may designate.

(h) The person may be apprehended, restrained, transported, and

returned to the facility from which he or she escaped by any police

officer or peace officer, and it shall be the duty of such officer to

assist any representative of the commissioner to take the person into

custody upon the request of such representative.

(i) The commissioner shall submit to the governor and the legislature

no later than December first of each year, a report on the

implementation of this article. Such report shall include, but not be

limited to, the census of each existing treatment facility, the number

of persons reviewed by the case review teams for proceedings under this

article, the number of persons committed pursuant to this article, their

crimes of conviction, and projected future capacity needs.

Regimen of strict and intensive supervision and treatment.

(a) (1) Before ordering the release of a person to a regimen of strict

and intensive supervision and treatment pursuant to this article, the

court shall order that the department of corrections and community

supervision recommend supervision requirements to the court. These

supervision requirements, which shall be developed in consultation with

the commissioner, may include but need not be limited to, electronic

monitoring or global positioning satellite tracking for an appropriate

period of time, polygraph monitoring, specification of residence or type

or residence, prohibition of contact with identified past or potential

victims, strict and intensive supervision by a parole officer, and any

other lawful and necessary conditions that may be imposed by a court. In

addition, after consultation with the psychiatrist, psychologist or

other professional primarily treating the respondent, the commissioner

shall recommend a specific course of treatment. A copy of the

recommended requirements for supervision and treatment shall be given to

the attorney general and the respondent and his or her counsel a

reasonable time before the court issues its written order pursuant to

this section.

(2) Before issuing its written order, the court shall afford the

parties an opportunity to be heard, and shall consider any additional

submissions by the respondent and the attorney general concerning the

proposed conditions of the regimen of strict and intensive supervision

and treatment. The court shall issue an order specifying the conditions

of the regimen of strict and intensive supervision and treatment, which

shall include specified supervision requirements and compliance with a

specified course of treatment. A written statement of the conditions of

the regimen of strict and intensive supervision and treatment shall be

given to the respondent and to his or her counsel, any designated

service providers or treating professionals, the commissioner, the

attorney general and the supervising parole officer. The court shall

require the department of corrections and community supervision to take

appropriate actions to implement the supervision plan and assure

compliance with the conditions of the regimen of strict and intensive

supervision and treatment. A regimen of strict and intensive supervision

does not toll the running of any form of supervision in criminal cases,

including but not limited to post-release supervision and parole.

(b) (1) Persons ordered into a regimen of strict and intensive

supervision and treatment pursuant to this article shall be subject to a

minimum of six face-to-face supervision contacts and six collateral

contacts per month. Such minimum contact requirements shall continue

unless subsequently modified by the court or the department of

corrections and community supervision.

(2) Any agency, organization, professional or service provider

designated to provide treatment to the person shall, unless otherwise

directed by the court, submit every four months to the court, the

commissioner, the attorney general and the supervising parole officer a

report describing the person's conduct while under a regimen of strict

and intensive supervision and treatment.

(c) An order for a regimen of strict and intensive supervision and

treatment places the person in the custody and control of the department

of corrections and community supervision. A person ordered to undergo a

regimen of strict and intensive supervision and treatment pursuant to

this article is subject to lawful conditions set by the court and the

department of corrections and community supervision.

(d) (1) A person's regimen of strict and intensive supervision and

treatment may be revoked if such a person violates a condition of strict

and intensive supervision. If a parole officer has reasonable cause to

believe that the person has violated a condition of the regimen of

strict and intensive supervision and treatment or, if there is an oral

or written evaluation or report by a treating professional indicating

that the person may be a dangerous sex offender requiring confinement, a

parole officer authorized in the same manner as provided in subparagraph

(i) of paragraph (a) of subdivision three of section two hundred

fifty-nine-i of the executive law may take the person into custody and

transport the person for lodging in a secure treatment facility or a

local correctional facility for an evaluation by a psychiatric examiner,

which evaluation shall be conducted within five days. A parole officer

may take the person, under custody, to a psychiatric center for prompt

evaluation, and at the end of the examination, return the person to the

place of lodging. A parole officer, as authorized by this paragraph, may

direct a peace officer, acting pursuant to his or her special duties, or

a police officer who is a member of an authorized police department or

force or of a sheriff's department, to take the person into custody and

transport the person as provided in this paragraph. It shall be the duty

of such peace officer or police officer to take into custody and

transport any such person upon receiving such direction. The department

of corrections and community supervision shall promptly notify the

attorney general and the mental hygiene legal service, when a person is

taken into custody pursuant to this paragraph. No provision of this

section shall preclude the board of parole from proceeding with a

revocation hearing as authorized by subdivision three of section two

hundred fifty-nine-i of the executive law.

(2) After the person is taken into custody for the evaluation, the

attorney general may file: (i) a petition for confinement pursuant to

paragraph four of this subdivision and/or (ii) a petition pursuant to

subdivision (e) of this section to modify the conditions of a regimen of

strict and intensive supervision and treatment. Either petition shall be

filed in the court that issued the order imposing the regimen of strict

and intensive supervision and treatment. The attorney general shall seek

to file the petition within five days after the person is taken into

custody for evaluation. If no petition is filed within that time, the

respondent shall be released immediately, subject to the terms of the

previous order imposing the regimen of strict and intensive supervision,

but failure to file a petition within such time shall not affect the

validity of such petition or any subsequent action.

(3) A petition filed under paragraph two of this subdivision shall be

served promptly on the respondent and the mental hygiene legal service.

The court shall appoint legal counsel in accordance with subdivision (c)

of section 10.06 of this article. Counsel for respondent shall be

provided with a copy of the written report, if any, of the psychiatric

examiner who conducted the evaluation pursuant to this section.

(4) A petition for confinement shall contain the parole officer's

sworn allegations demonstrating reasonable cause to believe that the

respondent violated a condition of his or her strict and intensive

supervision, and shall be accompanied by any written evaluations or

reports by a treating professional indicating that the respondent may be

a dangerous sex offender requiring confinement. If a petition is filed

within the five-day period seeking the respondent's confinement, then

the court shall promptly review the petition and, based on the

allegations in the petition and any accompanying papers, determine

whether there is probable cause to believe that the respondent is a

dangerous sex offender requiring confinement. Upon the finding of

probable cause, the respondent may be retained in a local correctional

facility or a secure treatment facility pending the conclusion of the

proceeding. In the absence of such a finding, the respondent shall be

released, but the court may impose revised conditions of supervision and

treatment pending completion of the hearing. Within thirty days after a

petition for confinement is filed under paragraph two of this

subdivision, the court shall conduct a hearing to determine whether the

respondent is a dangerous sex offender requiring confinement. Any

failure to commence the hearing within the time period specified shall

not result in the dismissal of the petition and shall not affect the

validity of the hearing or the determination. The court shall make its

determination of whether the respondent is a dangerous sex offender

requiring confinement in accordance with the standards set forth in

subdivision (f) of section 10.07 of this article. If the court finds

that the attorney general has not met the burden of showing by clear and

convincing evidence that the respondent is a dangerous sex offender

requiring confinement, but finds that the respondent continues to be a

sex offender requiring strict and intensive supervision, the court shall

order the person to be released under the previous order imposing a

regimen of strict and intensive supervision and treatment, unless it

modifies the order imposing a regimen of strict and intensive

supervision and treatment pursuant to subdivision (f) of this section.

If the court determines that the attorney general has met the burden of

showing by clear and convincing evidence that the respondent is a

dangerous sex offender requiring confinement, the court shall order that

the respondent be committed to a secure treatment facility immediately.

The respondent shall not be released pending the completion of the

hearing.

(e) If the attorney general files only a petition for modification

under paragraph two of subdivision (d) of this section, the respondent

shall be released but the court may impose revised conditions of

supervision and treatment pending completion of the hearing. Within five

days after filing of the petition for modification, the court shall

conduct a hearing to determine whether the respondent's conditions of

treatment and supervision should be modified. The attorney general shall

have the burden of showing that the modifications sought are warranted,

and the court shall order such modifications to the extent that it finds

that the attorney general has met that burden.

(f) The court may modify or terminate the conditions of the regimen of

strict and intensive supervision and treatment on the petition of the

supervising parole officer, the commissioner or the attorney general.

Such petition shall be served on the respondent and the respondent's

counsel. A person subject to a regimen of strict and intensive

supervision and treatment pursuant to this article may petition every

two years for modification or termination, commencing no sooner than two

years after the regimen of strict and intensive supervision and

treatment commenced, with service of such petition on the attorney

general, the department of corrections and community supervision, and

the commissioner. Upon receipt of a petition for modification or

termination pursuant to this section, the court may require the

department of corrections and community supervision and the commissioner

to provide a report concerning the person's conduct while subject to a

regimen of strict and intensive supervision and treatment. If more than

one petition is filed, the petitions may be considered in a single

hearing.

(g) Upon receipt of a petition for modification pursuant to this

section, the court may hold a hearing on such petition. The party

seeking modification shall have the burden of showing that those

modifications are warranted, and the court shall order such

modifications to the extent that it finds that the party has met that

burden.

(h) Upon receipt of a petition for termination pursuant to this

section, the court may hold a hearing on such petition. When the

petition is filed by the respondent, the attorney general shall have the

burden of showing by clear and convincing evidence that the respondent

is currently a sex offender requiring civil management. If the court

finds that the attorney general has not sustained that burden, it shall

order the respondent's discharge from the regimen of strict and

intensive supervision and treatment. Otherwise the court shall continue

the regimen of strict and intensive supervision and treatment but may

revise conditions of supervision and treatment as warranted.

Appeals.

(a) The attorney general may, in the appellate division of the supreme

court, seek a stay of any order under this article releasing a person

under this article.

(b) The attorney general may appeal as of right from an order entered

pursuant to subdivision (k) of section 10.06 of this article dismissing

the petition following a determination that probable cause to believe

that the respondent is a sex offender requiring civil management has not

been established. No appeal may be taken from an order entered pursuant

to subdivision (k) of section 10.06 of this article determining that

probable cause has been established to believe the respondent is a sex

offender requiring civil management. Both the respondent and the

attorney general may appeal from any final order entered pursuant to

this article. The provisions of articles fifty-five, fifty-six, and

fifty-seven of the civil practice law and rules shall govern appeals

taken from orders entered pursuant to this article.

(c) In connection with any appeal, a respondent who is or becomes

financially unable to obtain counsel shall have the right to have

appellate counsel appointed on his or her behalf. Such counsel shall be

appointed by the court to which an appeal is taken. If possible, the

court shall appoint the mental hygiene legal service. In the event that

the court determines that the mental hygiene legal service cannot accept

appointment, the court shall appoint an attorney eligible for

appointment pursuant to article eighteen-B of the county law, or an

entity, if any, that has contracted for the delivery of legal

representation services under subdivision (c) of section 10.15 of this

article.

Compensation, fees and expenses.

(a) Any compensation, fee or expense paid pursuant to the provisions

of this article and article eighteen-B of the county law shall be a

state charge payable on vouchers approved by the court which fixed the

same, after audit by and on the warrant of the comptroller. Any

compensation, fee or expense paid to such counsel so appointed shall be

paid out of funds appropriated to the administrative office for the

courts. Each claim for compensation and reimbursement shall be supported

by a sworn statement specifying the time expended, services rendered,

expenses incurred and reimbursement or compensation applied for or

received in the same case from any other source. The appropriate court

shall review and determine the reasonableness of the claims, including

the number of hours expended out of court by counsel and psychiatric

examiners. When a court appoints counsel pursuant to article eighteen-B

of the county law, such counsel shall be compensated in accordance with

the provisions of that article. Notwithstanding any other provision of

law, psychiatric examiners who are appointed by a court under this

article, and who perform such examinations other than as government

employees, shall be compensated at an hourly rate to be set by the

administrative board of the judicial conference.

(b) Members of the case review panel established by subdivision (a) of

section 10.05 of this article shall be entitled to reimbursement for

expenses reasonably incurred for the performance of duties under this

article.

(c) The state may contract with entities for the provision of legal

representation services to respondents in proceedings under this

article, within the amounts appropriated therefor.

Release of information authorized.

The commissioner is authorized to release information in accordance

with subparagraph (vii) of paragraph nine of subdivision (c) of section

33.13 of this chapter to appropriate persons and entities when necessary

to protect the public concerning a specific sex offender requiring civil

management under this article, and to release information in accordance

with subparagraph (viii) of paragraph nine of subdivision (c) of section

33.13 of this chapter to the attorney general and case review panel when

such persons or entities request such information in the exercise of

their statutory functions, powers, and duties under this article.

Declaration of policy.

The state of New York and its local governments have a responsibility

for the prevention and early detection of developmental disabilities and

for the comprehensively planned provision of services including care,

treatment habilitation and rehabilitation of their citizens with

developmental disabilities.

Therefore, it shall be the policy of the state to conduct research and

to develop programs to further the prevention and early detection of

developmental disabilities; to develop a comprehensive, integrated

system of services which has as its primary purposes the promotion and

attainment of independence, inclusion, individuality and productivity

for persons with developmental disabilities; to serve the full range of

needs of persons with developmental disabilities by expanding the number

and types of community based services and developing new methods of

service delivery; and to improve the equity, effectiveness and

efficiency of services for persons with developmental disabilities by

serving persons in the community as well as those in developmental

centers, by improving the conditions in developmental centers, and by

establishing accountability for carrying out the policies of the state

with regard to such persons.

To accomplish these goals and meet the particular needs of individuals

with developmental disabilities, a new autonomous agency to be known as

the office for people with developmental disabilities has been

established. The office and its commissioner shall plan and work with

local governments and voluntary organizations and all providers of

services, and individuals with developmental disabilities and their

families and representatives, to develop an effective, integrated,

comprehensive system for the delivery of all necessary supports and

services to all individuals with developmental disabilities and to

create financing procedures and mechanisms to support such a system of

supports and services to ensure that all individuals with developmental

disabilities in need of supports and services receive appropriate and

timely supports and services close to their families and community. In

carrying out these responsibilities, the office and its commissioner

shall make full use of existing services in the community, including

those provided by voluntary and other service organizations, and within

annual amounts made available shall add in-home, residential and day

service and support capacity, to address the needs of individuals with

developmental disabilities.

Any provisions of this article which explicitly or implicitly apply

to, or reference, persons who are mentally retarded, shall be deemed to

apply to, or reference, persons with developmental disabilities.

Definitions.

As used in this title:

1. "office" means the office for people with developmental

disabilities.

2. "commissioner" means the head of the office for people with

developmental disabilities.

Developmental disabilities advisory council.

(a) There is hereby established a developmental disabilities advisory

council. The council shall consist of the commissioner, the chairman of

the conference of local mental hygiene directors or his or her designee,

and at least thirty-three members to be appointed by the governor.

Beginning on and after June thirtieth, two thousand twenty-two, the

council shall consist of thirty-five members, including the

commissioner, the chairman of the conference of local mental hygiene

directors or his or her designee, four members to be appointed by the

temporary president of the senate, four members to be appointed by the

speaker of the assembly, one member to be appointed by the minority

leader of the senate, one member to be appointed by the minority leader

of the assembly and twenty-three members to be appointed by the

governor. Any current member shall be allowed to finish his or her term.

The commissioner shall oversee and assist with the transition to the

makeup of the council after such date, ensuring that as current members'

terms expire, the council appoints members in the manner set forth in

this subdivision. Members shall be appointed only if they have

demonstrated an active interest in or have obtained professional

knowledge in the care of persons with developmental disabilities or in

the field of developmental disabilities generally. The governor shall

designate one of the appointed members as chair. The council shall at

all times include in its membership representatives of community service

board developmental disabilities subcommittees, providers of services

and non-governmental organizations concerned with services for persons

with developmental disabilities. At least one-third of the membership of

the advisory council shall consist of consumer representatives including

persons with developmental disabilities, or their parents or guardians.

(b) Members shall be appointed for terms of three years provided,

however, that of the members first appointed, one-third shall be

appointed for one year terms and one-third shall be appointed for two

year terms. Vacancies shall be filled in the same manner as prescribed

in subdivision (a) of this section. The designation of a member as chair

shall be made bi-annually.

(c) The developmental disabilities advisory council shall have no

executive, administrative or appointive duties. The council shall have

the duty to foster public understanding and acceptance of developmental

disabilities. It shall, in cooperation with the commissioner of

developmental disabilities, provide recommendations for statewide

priorities and goals for services for individuals with developmental

disabilities and shall advise the commissioner on matters related to

development and implementation of the statewide comprehensive plan as

required under section 5.07 of this chapter. The advisory council shall

have the power to consider any matter relating to the improvement of the

state developmental disabilities program and shall advise the

commissioner of developmental disabilities thereon and on any matter

relating to the performance of their duties with relation to individuals

with developmental disabilities and on policies, goals, budget and

operation of developmental disabilities services.

1. The council shall establish such committees as deemed necessary by

the chair with advice from the commissioner. Such committees shall

consider matters related to the various service populations served, and

programs certified by the office, as well as other matters, including

planning, fiscal, and consumer affairs. The council shall prepare and

issue such reports on its activities as deemed necessary.

2. The council shall meet at least four times in each full calendar

year. The council shall meet at the request of its chair or the

commissioner.

(d) Members of the advisory council shall receive no compensation for

their services but shall be reimbursed for all expenses actually and

necessarily incurred by them in the performance of their duties.

(e) At least thirty days prior to his or her final approval of

regulations, other than emergency regulations, the commissioner shall

submit proposed regulations to the council for its review. The council

shall review all proposed regulations and report its recommendations on

the proposed regulations to the commissioner within thirty days. Such

period may be extended upon the agreement of the commissioner.

(f) The council shall assist the commissioner of developmental

disabilities with the development and assessment of the triennial state

developmental disabilities plan issued by the office. To ensure the full

use of existing specialized and generic services in the community, to

ensure that all providers and appropriate local governmental agencies

are involved, and to ensure that local services to persons with

developmental disabilities and their families are readily available and

accessible, the council shall periodically assess the local planning

process and make recommendations thereon to the commissioner and to the

council for mental hygiene planning.

* (g) The developmental disabilities advisory council shall produce a

report to review the impact and the state's response to the COVID-19

state disaster emergency, as declared by executive order two hundred two

of two thousand twenty, as it relates to individuals with intellectual

or developmental disabilities. The office and the department of health

shall provide technical assistance and access to data as is required for

the council to effectuate such review and produce such report. The

report shall include, but not be limited to:

(i) a timeline and inventory of any and all relevant executive orders,

guidance and regulations put forth by the department of health, the

office, the executive or any other agency between March first, two

thousand twenty and April first, two thousand twenty-one in response to

the COVID-19 outbreak;

(ii) a timeline of any outreach conducted by the office with

stakeholders, including self-advocates, family advocates and voluntary

providers and what, if any, changes to guidance were made as a result of

such communication with stakeholders;

(iii) any actions or guidance the office, the department of health

and/or any other agency took to minimize exposure of COVID-19 between

residents and staff;

(iv) an inventory of actions the office, the department of health

and/or any other agency took to assist in the procurement or

provisioning of personal protective equipment for residents and staff in

state operated facilities, and facilities operated by voluntary

providers. For purposes of this section, "personal protective equipment"

shall mean all equipment worn or used to minimize exposure to a

communicable disease, including but not limited to gloves, masks and

face shields;

(v) an inventory of costs incurred by the office related to responding

to COVID-19;

(vi) an inventory of actions the office, the department of health

and/or any other agency took to assist underserved communities including

but not limited to racial and ethnic minority communities; and

(vii) specific challenges that were faced with regards to individuals

with intellectual and developmental disabilities.

(2) The developmental disabilities advisory council shall also

evaluate policies, procedures, and programs that were implemented during

the course of the COVID-19 pandemic to determine the efficacy on safety.

(3) The developmental disabilities advisory council shall provide

recommendations of changes to any laws or regulations that impeded

response to COVID-19 to the legislature.

(4) Such report shall be submitted to the governor, the temporary

president of the senate and the speaker of the assembly no later than

nine months from the effective date of this subdivision and shall be

made publicly available online.

* NB Repealed 10 days after transmission of the report of the findings

by the developmental disabilities advisory council to the governor, the

temporary president of the senate and the speaker of the assembly

(h) The developmental disabilities advisory council shall publish a

comprehensive summary of information about their activities to the

office's website annually, in an accessible format. Such information

shall include, at minimum:

1. actions taken to foster public understanding and acceptance of

developmental disabilities;

2. recommendations made to the commissioner related to statewide

priorities and goals for services for individuals with developmental

disabilities, and the implementation of the statewide comprehensive plan

as required under section 5.07 of this chapter; and

3. any other actions taken by the council related to their duties.

Annual plan.

The commissioner shall submit an annual plan to the director of the

budget for his review and approval. Such annual plan shall also be filed

with the chairman of the assembly ways and means committee and the

senate finance committee. Such plan shall identify those community

residences to be converted to intermediate care facilities for persons

with developmental disabilities. In developing such plan, the

commissioner shall utilize specific criteria, including client

eligibility criteria, fiscal criteria and such other relevant criteria

as he may deem necessary, to assess the appropriateness of such

conversion. The procedures contained in this plan shall be applied on a

case by case basis to individual community residential sites. No

community residence shall be so converted unless it meets such criteria.

Office for people with developmental disabilities; scope of

responsibilities.

(a) The office for people with developmental disabilities shall assure

the development of comprehensive plans, programs, and services in the

areas of research, prevention, and care, treatment, habilitation,

rehabilitation, vocational and other education, and training of

individuals with developmental disabilities. Such plans, programs, and

services shall be developed by the cooperation of the office, other

offices of the department where appropriate, other state departments and

agencies, local governments, community organizations and agencies

providing services to individuals with developmental disabilities, their

families and representatives. It shall provide appropriate facilities,

programs, supports and services and encourage the provision of

facilities, programs, supports and services by local government and

community organizations and agencies.

(b) It shall advise and assist the governor in developing policies

designed to meet the needs of persons with developmental disabilities

and encourage their full inclusion and participation in society.

(c) The office shall have the responsibility for seeing that persons

with developmental disabilities specified in the foregoing subdivision

are provided with services including care and treatment, that such

services are of high quality and effectiveness, and that the personal

and civil rights of persons receiving such services are protected. The

services provided shall seek to promote and attain independence,

inclusion, individuality and productivity for persons with developmental

disabilities.

(c-1) 1. In carrying out the responsibilities identified in

subdivision (c) of this section, the office shall ensure that

applications for eligibility determinations and service authorizations

are processed in a timely manner. The office shall complete processing

of the application within a processing period of one hundred twenty days

of receipt of such application transmitted via the internet or

electronic mail.

2. Where the application is not reasonably clear or omits required

information, or where the office reasonably suspects fraud based on

specific information available to the office, the office shall notify

the applicant in writing within thirty calendar days of the receipt of

such application and request the specific information needed to process

such application. Provided, however, that the processing period shall be

tolled from the date of notice to the applicant to the date of receipt

of the complete application by the office.

3. Upon receipt of the information requested in paragraph two of this

subdivision, the office shall complete processing of the complete

application within the remaining days of the processing period.

(d) The office shall foster programs for the training and development

of persons capable of providing the foregoing services.

(e) Consistent with the requirements of subdivision (b) of section

5.05 of this chapter, the office shall carry out the provisions of

article thirty-one of this chapter as such article pertains to

regulation and quality control of services for persons with

developmental disabilities.

Powers of the office and commissioner; how exercised.

(a) The commissioner shall exercise all powers vested in the office.

He or she may delegate any function, power, or duty assigned to him or

her or to the office to any officer or employee of the office, unless

otherwise provided by law. He or she may enter into agreements with

other commissioners of the department in order to ensure that programs

and services are provided for all of the mentally disabled.

(b) The commissioner shall adopt rules and regulations necessary and

proper to implement any matter under his jurisdiction. In promulgating

rules and regulations, the commissioner shall comply with the

requirements of subdivision (e) of section 13.05 of this article.

(c) The commissioner and directors of office facilities may request

and upon such request the coroner, coroner's physician or medical

examiner shall provide to such persons access to original autopsy

slides, tissue materials and specimens derived from any autopsy or

inquiry with respect to the death of a patient or resident in a mental

hygiene facility, as defined in subdivision two of section five hundred

fifty of the executive law. Such original materials shall be preserved

intact, except for unavoidable changes due to necessary scientific

testing and shall be returned to the coroner, coroner's physician or

medical examiner.

(c-1) The commissioner shall accept custody of a juvenile under an

order issued by the family court pursuant to the provisions of section

322.2 of the family court act. He or she may place the juvenile in any

appropriate facility or program under his or her jurisdiction, but he or

she shall comply with any order requiring treatment in a residential

facility made pursuant to paragraph (c) of subdivision five of section

322.2 of the family court act, unless, after a hearing held in

accordance with subdivision seven of section 322.2 of the family court

act, the court modifies the order. In determining the appropriate

placement, the commissioner shall be furnished with a copy of the

findings of the court pursuant to subdivision four or five of section

322.2 of the family court act and shall consider the nature of the act

alleged in such findings and the level of the juvenile's mental

disability. The commissioner shall review the condition of the juvenile

in accordance with the requirements of section 322.2 of the family court

act and he or she may petition the family court at any time for any

relief authorized by such section.

(d) The commissioner shall work cooperatively with the commissioner of

the office of mental health and the commissioner of the office of

temporary and disability assistance to assist the commissioner of

education in furnishing integrated employment services to individuals

with severe disabilities, including the development of an integrated

employment implementation plan, pursuant to article twenty-one of the

education law.

(e) The commissioner shall promulgate rules and regulations to address

the communications needs of non-English speaking individuals seeking or

receiving services in facilities operated or licensed by the office in

order to facilitate their access to services. Such rules and regulations

shall include, but not be limited to, reasonable means to accommodate

the language capabilities and preferences of non-English speaking

individuals in such facilities where a significant number of non-English

speaking individuals seek or receive services.

(f) Notwithstanding any other law, rule or regulation, on request by a

representative of a cemetery organization or funeral establishment, the

commissioner and directors of office facilities shall release to the

representative the name, date of birth, or date of death of a person who

was a patient at the facility when the person died, unless the person or

the person's guardian provided written instructions to the facility not

to release such person's name or dates of birth and death. A

representative of a cemetery organization or a funeral establishment may

use a name or date released under this subdivision only for the purpose

of inscribing the name or date on a grave marker.

(g) (1) The commissioner, in cooperation with other applicable state

agencies, shall collect, retain or modify data or records, and shall

transmit such data or records to: (i) the division of criminal justice

services, or to the criminal justice information services division of

the federal bureau of investigation, for the purposes of responding to

queries to the national instant criminal background check system

regarding attempts to purchase or otherwise take possession of firearms,

as defined in 18 USC 921(a)(3), in accordance with applicable federal

laws or regulations, or (ii) to the division of criminal justice

services, for the purposes of determining whether a license issued

pursuant to section 400.00 of the penal law should be denied, suspended

or revoked, under subdivision eleven of such section, or for determining

whether a person is no longer permitted under federal or state law to

possess a firearm. Such records shall include only names and other

non-clinical identifying information of persons who have had a guardian

appointed for them pursuant to any provision of state law, based on a

determination that as a result of marked subnormal intelligence, mental

illness, incapacity, condition or disease, they lack the mental capacity

to contract or manage their own affairs, and persons who have been

involuntarily committed to a facility pursuant to article fifteen of

this chapter, or article seven hundred thirty or section 330.20 of the

criminal procedure law or sections 322.2 or 353.4 of the family court

act.

(2) The commissioner shall establish within the office for people with

developmental disabilities an administrative process to permit a person

who has been or may be disqualified from possessing such a firearm

pursuant to 18 USC 922(4)(d), or who has been or may be disqualified

from continuing to have a license to carry, possess, repair, or dispose

of a firearm under section 400.00 of the penal law because such person

was involuntarily committed or civilly confined to a facility under the

jurisdiction of the commissioner, to petition for relief from that

disability where such person's record and reputation are such that such

person will not be likely to act in a manner dangerous to public safety

and where the granting of the relief would not be contrary to public

safety. The commissioner shall promulgate regulations to establish the

relief from disabilities program, which shall include, but not be

limited to, provisions providing for: (i) an opportunity for a

disqualified person to petition for relief in writing; (ii) the

authority for the agency to require that the petitioner undergo a

clinical evaluation and risk assessment; and (iii) a requirement that

the agency issue a decision in writing explaining the reasons for a

denial or grant of relief. The denial of a petition for relief from

disabilities may be reviewed de novo pursuant to the proceedings under

article seventy-eight of the civil practice law and rules.

(h) The commissioner shall be authorized to have access to criminal

history information, as defined in paragraph (c) of subdivision one of

section eight hundred forty-five-b of the executive law, contained in

the central data facility established by the division of criminal

justice services, upon such terms and conditions as the commissioner and

the commissioner of the division of criminal justice services shall

agree. The report containing such criminal history information may be

summarized for inclusion in the individual's clinical record, however,

such report shall be destroyed within fourteen days of its receipt. Such

information shall be used for purposes of making decisions regarding

care and treatment, health and safety, privileges and discharge planning

for individuals admitted to or retained in a school, as defined in

section 15.03 of this title, operated by the office. The commissioner

shall promulgate standards regarding the use of such information, which

may include, but not be limited to, consideration of the type of offense

and the date of conviction, and its relevance, if any, to care and

treatment, health and safety and discharge planning. Individuals shall

be given written notice that their criminal history information will be

obtained by the school, that the opportunity exists to request such

criminal history information and seek the correction of any inaccurate

criminal history information in accordance with the regulations of the

division of criminal justice services, and that the opportunity exists

to challenge the accuracy of such information maintained in the

individual's clinical record to the extent authorized by section 33.16

of this chapter. Such information shall be kept confidential to the

extent required under applicable federal and state law, including

section 33.13 of this chapter.

(i) The commissioner, in consultation with the commissioner of mental

health, shall develop and implement a public awareness campaign that

combats the discrimination, stigma and stereotyping of individuals with

developmental disabilities across the state. Such campaign shall utilize

public forums, social media and mass media, including but not limited to

internet, radio, and print advertising and shall include educational

materials and information on the office's website. The campaign shall be

tailored to educate the general public about developmental disabilities

and shall also highlight the accomplishments and contributions of

individuals with developmental disabilities to the state and their

respective communities. The office shall consult with stakeholders and

consumer advocates to ensure such campaign is culturally competent and

linguistically appropriate. Such campaign shall end on December

thirty-first, two thousand twenty-three.

Organization and administration of the office for people with

developmental disabilities and its facilities.

(a) The commissioner shall have the professional jurisdiction,

supervision, and control of the office and all department facilities for

persons with developmental disabilities.

(b) The commissioner shall control the organization of the office and

may continue, establish, discontinue, expand, and contract facilities

under his or her jurisdiction. The facilities set forth in section 13.17

in state operations offices may not be discontinued by the commissioner.

Units and facilities shall have such functions, duties, and

responsibilities as may be assigned to them by the commissioner.

(c) The commissioner may, within the amounts appropriated therefor,

lease space or facilities in which services for persons with

developmental disabilities are to be provided. He may delegate this

authority to the facilities development corporation.

Local services.

Local services for persons with developmental disabilities shall be

planned, financed and implemented in accordance with the provisions of

article forty-one of this chapter.

Programs of the office for people with developmental

disabilities.

(a) The commissioner shall plan, promote, establish, develop,

coordinate, evaluate, and conduct programs and services of prevention,

diagnosis, examination, care, treatment, rehabilitation, training, and

research for the benefit of individuals with developmental disabilities.

Such programs shall include but not be limited to in-patient,

out-patient, partial hospitalization, day care, emergency,

rehabilitative, and other appropriate treatments and services. He shall

take all actions that are necessary, desirable, or proper to implement

the purposes of this chapter and to carry out the purposes and

objectives of the office within the amounts made available therefor by

appropriation, grant, gift, devise, bequest, or allocation from the

mental health services fund established under section ninety-seven-f of

the state finance law.

(b) The activities described in subdivision (a) of this section may be

undertaken in cooperation and agreement with other offices, departments

or agencies of the state, local or federal government, or with other

organizations and individuals.

Fiscal year report.

(a) Every provider of service furnishing services to persons defined

in paragraph (e) of subdivision three of section two hundred nine of the

social services law, which is required to have operating certificates

pursuant to article sixteen of this chapter, shall within one hundred

twenty days after the end of its fiscal year, file an annual report with

the commissioner. Said report shall be in such form and shall contain

such information as shall be prescribed by the commissioner, including

the following:

1. a balance sheet of the facility as of the end of its fiscal year,

setting forth assets and liabilities at such date, including all

capital, surplus, reserve, depreciation and similar accounts.

2. a statement of operations of the facility for its fiscal year,

setting forth all revenues, expenses, taxes, extraordinary items and

other credits or charges.

3. The name and address of each of the following persons:

(a) the operator of the facility;

(b) any person who, directly or indirectly, beneficially owns any

interest in the land on which the facility is located;

(c) any person who, directly or indirectly, beneficially owns any

interest in the building in which the facility is located;

(d) any person who, directly or indirectly, beneficially owns any

interest in or any mortgage, note, deed of trust or other obligation

secured in whole or in part by the land on which or building in which

the facility is located; and

(e) any person who, directly or indirectly, has any interest as lessor

or lessee in any lease or sub-lease of the land on which or the building

in which the facility is located.

4. If the facility or any person named in response to subparagraph (c)

of paragraph three of this subdivision is a partnership, then the name

and address of each partner.

5. If the facility or any person named in response to subparagraph (c)

of paragraph three of this subdivision is a corporation, other than a

corporation whose shares are traded on a national securities exchange or

are regularly quoted in an over-the-counter market or which is a

commercial bank, savings bank or savings and loan association, then the

name and address of each officer, director, stockholder, and, if known,

each principal stockholder and controlling person of such corporation.

6. If any corporation named in response to subparagraph (c) of

paragraph three of this subdivision is a corporation whose shares are

traded on a national securities exchange or are regularly quoted in an

over-the-counter market or which is a commercial bank, savings bank or

savings and loan association, then the name and address of the principal

executive officers and each director and, if known, each principal

stockholder of such corporation.

7. If the facility paid or received an aggregate of five hundred

dollars or more during the fiscal year in connection with transactions

with any person named in response to subparagraph (c), (d) or (e) of

paragraph three of this subdivision or any affiliate of said person, a

description of the transactions, naming the parties thereto and

describing the relationships which require the transactions to be

described and the goods, services, payment or other consideration

received by each party to the transactions.

8. If known, the nature and amount of any interest in, or relationship

with, any other residential facility for persons with developmental

disabilities, held by any person named in response to subparagraph (c)

of paragraph three of this subdivision or by any affiliate of such

person.

(b) The following definitions shall be applicable to this section and

to any reports filed pursuant hereto:

1. "Affiliate" means:

(a) with respect to a partnership, each partner thereof;

(b) with respect to a corporation, each officer, director, principal

stockholder and controlling person thereof;

(c) with respect to a natural person (i) each member of said person's

immediate family, (ii) each partnership and each partner thereof, and

(iii) each corporation in which said person or any affiliate of said

person is an officer, director, principal stockholder or controlling

person.

2. "Controlling person" of any corporation, partnership or other

entity means any person who by reason of a direct or indirect ownership

interest (whether of record or beneficial) has the ability, acting

either alone or in concert with others with ownership interest, to

direct or cause the direction of the management or policies of said

corporation, partnership or other entity. Neither the commissioner nor

any employee of the department nor any member of a local legislative

body of a county or municipality, nor any county or municipal official

except when acting as the administrator of a residential facility for

persons with developmental disabilities, shall by reason of his or her

official position, be deemed a controlling person of any corporation,

partnership or other entity nor shall any person who serves as an

officer, administrator or other employee of any corporation, partnership

or other entity or as a member of a board of directors or trustees of

any corporation be deemed to be a controlling person of such

corporation, partnership or other entity as a result of such position or

his or her official actions in such position.

3. "Immediate family" means brother, sister, first cousin, aunt and

uncle of such person, whether such relationship arises by reason of

birth, marriage or adoption.

4. "Principal stockholder" of a corporation means any person who

beneficially owns, holds or has the power to vote, ten percent or more

of any class of securities issued by said corporation.

(c) Every report filed by a facility pursuant to this section shall

contain a written statement, sworn to by or on behalf of such facility

and the operator of such facility, to the effect that the report is, to

the best of such person's knowledge, true and complete and prepared in

accordance with the provisions of this section.

Programs, services, and operations in the office for people with

developmental disabilities.

(a) The commissioner shall establish policy and procedures for the

organization, administration, and service delivery system under his or

her jurisdiction and shall make provision for the effective rendition of

supports and services to individuals with developmental disabilities.

(b) There shall be, within the state operations offices of the office,

the developmental disabilities services offices named below serving the

areas either currently or previously served by a school, for the care

and treatment of persons with developmental disabilities and for

research and teaching in the science and skills required for the care

and treatment of such persons with developmental disabilities:

Bernard M. Fineson Developmental Disabilities Services Office

Brooklyn Developmental Disabilities Services Office

Broome Developmental Disabilities Services Office

Capital District Developmental Disabilities Services Office

Central New York Developmental Disabilities Services Office

Finger Lakes Developmental Disabilities Services Office

Institute for Basic Research in Developmental Disabilities

Hudson Valley Developmental Disabilities Services Office

Metro New York Developmental Disabilities Services Office

Long Island Developmental Disabilities Services Office

Sunmount Developmental Disabilities Services Office

Taconic Developmental Disabilities Services Office

Western New York Developmental Disabilities Services Office

Staten Island Developmental Disabilities Services Office

The New York State Institute for Basic Research in Developmental

Disabilities is designated as an institute for the conduct of medical

research and other scientific investigation directed towards furthering

knowledge of the etiology, diagnosis, treatment and prevention of

developmental disabilities.

* (c) The commissioner shall establish, at his or her discretion,

developmental disabilities regional offices and shall establish state

operations offices that provide for the direct delivery of supports and

services by the office for people with developmental disabilities.

* NB There are 2 sb (c)'s

* (c) The commissioner may authorize other offices of the department

and any public or private non-profit organization or political

subdivision of the state to deliver supports and services to individuals

with developmental disabilities, not inconsistent with the programs and

objectives of the office in any facility under his jurisdiction. The

commissioner may permit any facility under his jurisdiction to operate

programs for persons with mental disabilities, not inconsistent with

programs and objectives of the department, under contracts or agreements

with other offices within the department.

* NB There are 2 sb (c)'s

* (d) In the event of a closure or transfer of a state-operated

individualized residential alternative (IRA), the commissioner shall:

1. provide appropriate and timely notification to the temporary

president of the senate, and the speaker of the assembly, and to

appropriate representatives of impacted labor organizations. Such

notification to the representatives of impacted labor organizations

shall be made as soon as practicable, but no less than ninety days prior

to such closure or transfer except in the case of exigent circumstances

impacting the health, safety, or welfare of the residents of the IRA as

determined by the office. Provided, however, that nothing herein shall

limit the ability of the office to effectuate such closure or transfer;

and

2. make reasonable efforts to confer with the affected workforce and

any other party he or she deems appropriate to inform such affected

workforce, the residents of the IRA, and their family members, where

appropriate, of the proposed closure or transfer plan.

* NB Repealed March 31, 2028

Personnel of the office; regulations.

(a) The commissioner may, within the amounts appropriated therefor,

appoint and remove in accordance with law and applicable rules of the

state civil service commission, such officers and employees of the

office for people with developmental disabilities as are necessary for

efficient administration. The commissioner shall, in exercising his or

her appointing authority, take, consistent with article twenty-three-A

of the correction law, all reasonable and necessary steps to ensure that

any such person so appointed has not previously engaged in any act in

violation of any law which indicates a propensity to act in a manner

that would compromise the health and safety of individuals with

developmental disabilities.

(b) The director of a hospital or institute in the office shall have

professional qualifications and experience to be prescribed by the

commissioner.

(c) Notwithstanding the provisions of any other law, the position of

deputy director in an office facility may be filled by new hire or by

promotion open to employees who possess the minimum qualifications for

the position.

(c) The use of volunteers in the office for people with developmental

disabilities shall be encouraged. The commissioner may establish

regulations governing such volunteer services.

(d) Where, and to the extent that, an agreement between the state and

an employee organization entered into pursuant to article fourteen of

the civil service law so provides, the commissioner is authorized to

implement the provisions of such agreement relating to discipline

consistent with the terms thereof.

Directors of state operations offices and developmental

disabilities regional offices in the office for people with

developmental disabilities.

(a) The directors of both the state operations offices and

developmental disabilities regional offices in the office for people

with developmental disabilities shall be appointed by the commissioner.

Each such director shall be in the non-competitive class and designated

as confidential as defined by subdivision two-a of section forty-two of

the civil service law and shall serve at the pleasure of the

commissioner. He or she shall in exercising his or her appointing

authority take, consistent with article twenty-three-A of the correction

law, all reasonable and necessary steps to insure that any such person

so appointed has not previously engaged in any act in violation of any

law which indicates a propensity to act in a manner that would

compromise the health and safety of patients in the facility of which he

or she is director. He or she shall manage the state operations office

or developmental disabilities regional office and administer its

personnel system subject to applicable law, the regulations of the

commissioner, and the rules of the state civil service commission. The

directors of the developmental disabilities regional offices and state

operations offices shall maintain effective supervision of all parts of

their respective offices. The directors of state operations offices

shall generally provide for the administration of supports and services

to individuals with developmental disabilities in state operated

programs. Directors of regional offices shall generally oversee the

administration of supports and services to individuals with

developmental disabilities in settings outside the state operated

programs.

(b) Such directors shall have the responsibility of seeing that there

is humane treatment of individuals with developmental disabilities

receiving services in settings operated, licensed, certified, funded or

approved by this office and shall investigate, or cause to be

investigated, every reportable incident in accordance with article

eleven of the social services law. Also in accordance with article

eleven of the social services law, the director shall require

allegations of reportable incidents to be reported to the vulnerable

persons' central register, which shall screen and immediately forward

reports that appear to allege crimes to the appropriate law enforcement

agency. The vulnerable persons' central register shall notify

immediately, and in any event within three working days, the board of

visitors of the facility and the mental hygiene legal service located in

the same judicial department as the state operations office of every

complaint of patient abuse or mistreatment and shall inform the board

and the mental hygiene legal service of the results of his or her

investigation.

(c) In any investigation into the treatment and care of individuals

with developmental disabilities or the conduct, performance, or neglect

of duty of officers or employees, the commissioner or his or her

designee shall be authorized to subpoena witnesses, compel their

attendance, administer oaths to witnesses, examine witnesses under oath,

and require the production of any books or papers deemed relevant to the

inquiry or investigation. A subpoena issued under this section shall be

regulated by the civil practice law and rules.

(d) The director of a state operations office shall be responsible for

the provision of state operated community developmental disabilities

services in those areas that the commissioner may assign. Such

responsibility shall, consistent with article forty-one of this chapter,

include the operation of state operated facilities and the development

of needed facilities. The director of a developmental disabilities

regional office shall be responsible for the provision of community

developmental disabilities services to individuals in settings other

than state operated programs. Such regional director's responsibility

shall, consistent with article forty-one of this chapter, include the

oversight of facilities and programs other than those operated by the

state.

(e) Each state operations director of the office shall, upon notice

from the commissioner or upon knowledge that programs of such facility

may be contracted or terminated, implement procedures to ensure timely

notification to affected employees. Such procedures shall include, but

not be limited to:

(1) dissemination and posting of all decisions, policies and

procedures with respect to all aspects of such actions and their impact

on facility staff; and

(2) compliance with all requirements and protection of employee rights

pursuant to collective bargaining agreements with the designated legal

representative of the employees and the civil service law.

Education and training programs.

(a) The commissioner shall have the power to establish such programs

of training and education related to developmental disabilities as he

shall deem desirable.

(b) The director of each facility with the approval of the

commissioner may establish and supervise training and education programs

for employees. Directors of facilities authorized to establish training

and education programs may enter into agreements with educational

institutions to furnish such training in whole or in part.

(c) The commissioner may grant leaves of absence to employees of the

office for the purpose of receiving training or education for the better

performance of their duties and, with the approval of the director of

the budget, may continue the salaries of such employees, in full or in

part, in an amount not to exceed reimbursement for the loss of earnings

while receiving such training.

Sheltered workshops, work activity and day training services.

1. As used in this section, the following terms shall have the

following meanings.

a. "Sheltered workshops" means a program operated for the purpose of

providing sheltered employment to persons with developmental

disabilities.

b. "Work activity and day training services" means pre-vocational

activities defined by regulation of the commissioner designed to enhance

the ability of a person with a developmental disability to receive

vocational rehabilitation services.

2. The commissioner shall develop methods to fund by agreement the

reasonably related cost of services, subject to the approval of the

director of the budget, provided in sheltered workshops, work activity

and day training services. The commissioner shall determine those

facilities and agencies providing such services and shall describe

characteristics of clients receiving such services. The commissioner

shall determine methods of improving the current financing system for

such services.

3. The methods of improving the current financing system shall

include, but not be limited to, the following:

a. Provision of equitable funding to all individuals with

developmental disabilities which is not dependent upon prior residence

in facilities of the office.

b. Establishment of systems of provider accountability for units of

service rendered in return for payments made and development of an

advanced payment mechanism.

c. Recommendation of rules, regulations and standards for the payment

for provision of services.

4. The commissioner shall report to the legislature on the progress of

determining methods of improving the current financing system on or

before April first, nineteen hundred eighty-two.

Safety.

(a) The commissioner and the directors of facilities under his or her

jurisdiction may designate safety officers to act as special police

officers whose duty it shall be, under orders of the appropriate

officer, to preserve peace and good order in such facilities and to

fully protect the grounds, buildings, and patients. Such safety officers

acting as special police officers shall possess all the powers of peace

officers, as set forth in section 2.20 of the criminal procedure law,

while performing duties in or arising out of the course of their

employment. Such peace officers when acting pursuant to their special

duties may issue and serve a simplified traffic information and

appearance ticket, in the form prescribed by the commissioner of motor

vehicles pursuant to section two hundred seven of the vehicle and

traffic law, upon a person when he or she has reasonable cause to

believe that such person has committed a traffic infraction in his or

her presence, and shall have the power to issue and serve an appearance

ticket as defined in section 150.10 of the criminal procedure law for an

offense other than a felony in lieu of an arrest.

(b) The commissioner shall cause to be developed and implemented a

comprehensive training program for such safety officers. Such a program

is to be provided to persons hired as safety officers within five weeks

after such hiring, and shall include, but need not be limited to

training in the following areas:

1. fire prevention;

2. basic criminal law;

3. first aid and cardio pulmonary resuscitation;

4. conducting investigations;

5. rudimentary police work, including issuance of summons, traffic

control, and lawful use of force;

6. the proper use of restraint; and

7. any other training deemed necessary to augment such person's skills

in providing necessary safety and security services for the facility.

Facility services.

(a) Chapels. The commissioner may permit any religious or missionary

corporation or society or combination of such corporations and societies

to erect a building on the grounds of any facility in the office for the

holding of religious service, to be used exclusively for the benefit of

the patients and employees of such facility, subject to such conditions

as may be imposed by the commissioner.

(b) Fire mutual aid. In cooperation with the development and operation

of plans for mutual aid in cases of fire and other public emergencies,

the director of a facility in the office for people with developmental

disabilities, with the approval of the commissioner, may authorize the

fire department of the facility to furnish aid to such territory

surrounding the facility as may be practical in cases of fire and such

emergencies, having due regard to the safety of the patients and

property of the facility and to engage in practice and training programs

in connection with the development and operation of such mutual aid

plans.

(c) Community stores. The commissioner may authorize the director of

any facility under his jurisdiction to operate a community store or to

lease space in any of its buildings not inconsistent with the

requirements of the facility for the operation of a community store for

the use and benefit of the patients, visitors, and personnel of such

facility. The moneys received by the director of such facility under or

pursuant to any such operation shall be deposited in a special fund to

be known as the community store fund and shall be used for the general

purposes of the facility, subject to the provisions of section

fifty-three of the state finance law.

(d) Laboratory services. Subject to the commissioner's regulations,

the director may agree to make the laboratory service of a facility in

the office for people with developmental disabilities available to

adjacent local governments and may receive, apply, and spend money for

the extension of laboratory service according to the terms of the

agreement as approved by the commissioner.

Gifts.

(a) The commissioner, on behalf of the state and if in the public

interest, shall accept, hold in trust, administer, apply, execute, or

use gifts, devises, bequests, grants, powers, or trusts of personal or

real property made to the state, the office for people with

developmental disabilities, a facility within the office, the

commissioner, or the directors or visitors of facilities which are to be

used or may be used for purposes of the office for people with

developmental disabilities, including, but not limited to, the

maintenance, support, or benefit of one or more patients in a facility.

(b) The commissioner, in carrying out the provisions of subdivision

(a) of this section, may create or provide separate and distinct funds,

investments, and deposits and regulate their use, transfer, and

withdrawal. He may dispose of a power or trust upon its expiration and

according to its terms.

(c) Subdivisions (a) and (b) of this section apply to gifts, devises,

bequests, grants, powers, or trusts given to, received, or applied by

the state, the commissioner, the office for people with developmental

disabilities, or facilities thereof and predecessor officers, agencies,

or facilities prior to as well as subsequent to the enactment of this

section.

Disposition of moneys and securities.

(a) The commissioner, or the officer or employee of the office

designated by him or her, shall:

1. Receive and turn over to the comptroller for liquidation all bonds,

notes, mortgages, trust funds, and other securities and obligations

belonging to the office for people with developmental disabilities or

any subdivision thereof, except such as may have come into the

possession of the said office or any subdivision thereof on account of

or for the payment of charges for the care, maintenance, and treatment

after January first, nineteen hundred sixty-four of patients at those

mental hygiene facilities as defined in section three of the facilities

development corporation act which are under his or her jurisdiction, in

which case the same shall be turned over to the commissioner of taxation

and finance as agent for the facilities development corporation for

liquidation, and he or she shall have the authority to transfer all such

securities and evidences of indebtedness and to execute on behalf of the

office for people with developmental disabilities or any of its

facilities or the facilities development corporation a satisfaction and

release thereof.

2. Notwithstanding the provisions of sections one hundred six and one

hundred twenty-one of the state finance law, pay over all moneys

received for the care, maintenance, and treatment after January first,

nineteen hundred sixty-four of patients at those mental hygiene

facilities as defined in section three of the facilities development

corporation act which are under his jurisdiction, less refunds made on

account thereof pursuant to section 43.11 of this chapter, to the

commissioner of taxation and finance as agent for the facilities

development corporation, for the corporate purposes of such corporation,

and deposit all other moneys received in a bank designated by the

comptroller. He shall submit a statement each month to the comptroller

and to the directors of the facilities development corporation showing

the amounts so received for the care, maintenance, and treatment of

patients at such facilities, the refunds made on account thereof

pursuant to section 43.11 of this chapter, and the dates when any such

payments were made to the commissioner of taxation and finance. Such

statement shall be certified to by the commissioner of taxation and

finance. He shall also submit each month to the comptroller and the

directors of the facilities development corporation a separate statement

showing the amount of all other moneys received and deposited in a bank

designated by the comptroller as aforesaid, the persons from whom and

for what purposes received, and the dates when any deposits of such

moneys were made. All statements of deposit shall be certified to by the

proper officer of the bank receiving the deposits therein specified. He

shall make an affidavit each month that the sums so paid over to the

commissioner of taxation and finance and deposited in such bank are all

the moneys received by him from any source of institutional income to

the date of the last payment, or deposit, appearing on either statement

and such affidavit shall be filed with the comptroller and the directors

of the facilities development corporation. A bank designated by the

comptroller to receive the aforesaid deposits shall, before any deposit

is made, execute a bond to the people of the state, in a sum approved by

the comptroller, for the safekeeping of the funds deposited.

(b) The provisions of this section shall not be applicable to

community mental health and developmental disabilities facilities, as

defined in section three of the facilities development corporation act,

nor to payments made for the care, maintenance, and treatment of

patients at such community mental health and developmental disabilities

facilities.

Boards of visitors.

(a) Each state operations office under the jurisdiction of the

commissioner shall have a minimum of one board of visitors consisting of

at least seven but not more than fourteen members. Members appointed or

reappointed after the effective date of this chapter shall be appointed

by the governor, by and with the advice and consent of the senate.

Members shall be appointed for four year terms to expire on the

thirty-first day of December of the fourth year of the term of office

provided however, when more than three terms expire in any one year,

members may be appointed for terms of fewer years as designated by the

governor so that no more than three members' terms expire in any one

year. All terms of office shall expire on the thirty-first day of

December of the designated year. A member whose term has expired shall,

however, remain in office until such member's successor has been

appointed and has taken office, or until such member shall have resigned

or have been removed from office in the manner hereinafter provided.

Should any member resign or be removed from office, the governor shall

promptly submit, for senate consent, a successor candidate to fill the

remaining term of the vacated office. A visitor may be removed by the

governor for cause after notice and an opportunity for a hearing on the

charges. In making appointments to boards of visitors, the governor

shall endeavor to ensure that the membership of each such board shall

adequately reflect the composition of the community or communities

served by the state operations office, that the membership of each such

board includes at least three individuals who are parents or relatives

of patients or of former patients and that the remainder includes only

those persons, including former patients, who shall have expressed an

active interest in, or shall have obtained professional knowledge in the

care of persons with developmental disabilities or in developmental

disability endeavors generally.

(b) No elected state officer or member of the legislature may serve as

a visitor.

(c) Each visitor shall reside, at the time of appointment or

reappointment, in the area, as established by the regulations of the

commissioner, served by the state operated office that it oversees.

(d) Each board shall, at the first meeting of each calendar year elect

one member to serve as president of the board and one member to serve as

secretary; provided however, that no member may serve for more than two

consecutive years as president. After such election of the president and

secretary, each board shall inform the governor, the speaker of the

assembly and the temporary president of the senate of such new president

and secretary.

(e) Visitors shall not receive compensation but shall be reimbursed

for their actual expenses in connection with their service as visitors.

(f) (1) Each board of visitors shall hold six bi-monthly regular

meetings annually, but a greater number of regular meetings may be

scheduled by the board. Each board of visitors shall establish in their

by-laws or otherwise, in writing and at the first meeting of each

calendar year, whether these six meetings shall be held during months

represented by odd numbers or months represented by even numbers. The

president of the board shall notify the executive director of the

justice center for the protection of people with special needs and the

commissioner of the determination made concerning the designated months

for the six bi-monthly regular meetings. The dates of such meetings

shall be posted on the office's website and shall be made available to

the public. The president of the board, the commissioner, or the members

as determined by the rules of the board may call special meetings. The

board may request the commissioner, or such commissioner's designee, to

submit a report at each meeting. Each board shall keep a record of its

proceedings and activities. A member of a board of visitors who has

failed to attend three consecutive bi-monthly regular meetings shall be

considered to have vacated such member's office unless otherwise ordered

by the governor. The board shall cause notice of any of its public

meetings to be sent to the mental hygiene legal service located in the

same judicial department as the state operations office. The mental

hygiene legal service may send a representative to any such public

meeting, and may request the board to review patient complaints or

investigate alleged incidents of abuse or mistreatment. The board shall

notify the appropriate representative of the mental hygiene legal

service of the board's actions and findings in relation to any such

request. Meeting minutes, agendas, proceedings, activities, by-laws and

actions by each board shall be posted on the office's website and shall

be made available to the public.

(2) The president of the board of visitors shall notify a member by

certified or registered mail return receipt requested when such member

of the board has failed to attend any two consecutive bi-monthly regular

meetings. This notice shall be sent within ten days following the second

meeting and shall include the dates of the two meetings which were

missed, the date of the next bi-monthly regular meeting, and a statement

concerning the consequences of failure to attend the next meeting.

(3) Within three days after the third consecutive absence at a

bi-monthly regular meeting by a member, the president of the board of

visitors shall notify, in writing, the governor, the commissioner, the

executive director of the justice center for the protection of people

with special needs, the temporary president of the senate and the

speaker of the assembly of such absences. The president of the board of

visitors shall send a copy of this notice by registered or certified

mail return receipt requested to the member to whom it pertains. The

member may petition the governor to excuse such member's absences. If

the governor does not excuse the absences within forty-five days of the

date of the third consecutive meeting absence, the office of the member

shall be deemed vacated.

(g) Upon the request of the commissioner or the director, or upon the

board's initiative, the board shall consult, advise, and work with the

director with respect to community relations, conditions at a state

operated facility, preliminary plans for construction and alterations,

and programs and activities of a state operated facility.

(h) Each board or any member of the board may visit and inspect a

state operated facility that is in the catchment area of the state

operations region in which such member or members serve at any time

without prior notice and may report on conditions to the governor, to

the commissioner and to the chairman of the state commission on quality

of care and advocacy for persons with disabilities and, subject to

confidential information being redacted to protect the confidentiality

of individuals in such facility, to the temporary president of the

senate and to the speaker of the assembly. In addition, each board shall

ensure that a member or committee of members shall inspect such facility

once every three months without prior notice. A report on conditions may

be submitted to the governor, to the commissioner or to the chairman of

the state commission on quality of care and advocacy for persons with

disabilities and, subject to confidential information being redacted to

protect the confidentiality of individuals in such facility, to the

temporary president of the senate and to the speaker of the assembly.

Each board member shall visit and inspect any such facility at least

twice during each calendar year. Within thirty days after the conclusion

of each calendar year, the president of the board of visitors shall

notify the governor, the commissioner, the chairman of the commission on

quality of care and advocacy for persons with disabilities, and the

state operations director, if any member of the board has failed to

visit and inspect any such facility at least twice during that year. The

president of the board of visitors shall send a copy of this notice by

certified or registered mail return receipt requested to the member to

whom it pertains. A member of a board of visitors who has failed to

visit and inspect a facility at least twice a year shall be considered

to have vacated his or her office unless otherwise ordered by the

governor within forty-five days after the end of the calendar year. The

board shall have the power to investigate all charges against the state

operations director, and all cases of alleged patient abuse or

mistreatment made against any employee, and shall have the power to

interview patients and employees of the facilities in pursuit of such

investigations. In conducting such an investigation, the board shall

have the power, in accordance with the civil practice law and rules, to

subpoena witnesses, compel their testimony, administer oaths to

witnesses, examine witnesses under oath, and require the production of

any books or papers deemed relevant to the investigation. A board or a

member may include in the report or separately at any time any matter

pertaining to the management and affairs of such facilities and may make

recommendations to the governor, to the commissioner and to the chairman

of the state commission on quality of care and advocacy for persons with

disabilities. Each board member shall enter in a book, kept at each such

facility for that purpose, the date of each visit.

(i) (1) Any member or members of the board may visit and inspect a

family care home that is within the catchment area of the state

operations region in which such member or members serve. Such member or

members shall be granted access to such facility and to all books,

records and data pertaining to such facility deemed necessary for

carrying out the purposes of such visit. Information, books, records or

data that are confidential as provided by law shall be kept confidential

and any limitations on the release thereof imposed by law upon the party

furnishing the information, books, records or data shall apply to such

member or members of the board. After any such visits or inspections, a

report containing findings and recommendations may be submitted to the

governor, to the commissioner or to the state commission on quality of

care and advocacy for persons with disabilities and subject to

confidential information being redacted to protect the confidentiality

of individuals in such facility to the temporary president of the senate

and to the speaker of the assembly.

(2) Any member or members of the board may visit and inspect a

community residence operated by the office for people with developmental

disabilities that is within the catchment area of the state operations

region in which such member or members serve. Such member or members

shall be granted access to such facility and to all books, records and

data pertaining to such facility deemed necessary for carrying out the

purposes of such visit and inspection. Information, books, records or

data that are confidential as provided by law shall be kept confidential

and any limitations on the release thereof imposed by law upon the party

furnishing the information, books, records or data shall apply to such

member or members of the board. After any such visits or inspection, a

report containing findings and recommendations shall be submitted

promptly to the commissioner and to the chairman of the state commission

on quality of care and advocacy for persons with disabilities.

(j) Once each year, each board shall make an independent assessment of

conditions at such facilities and shall submit a report on the

assessment and recommendations to the governor, to the commissioner, to

the temporary president of the senate, to the speaker of the assembly

and to the executive director of the justice center for the protection

of people with special needs.

(k) The commissioner shall notify the board of visitors of a facility

under his or her jurisdiction of the proposed appointment of a state

operations director or the proposed transfer of a state operations

director, with a request that the board report an expression of its

opinion of the appointment or transfer and, if it objects thereto, the

reasons for such objection.

(l) The commissioner shall appoint representatives of the office to

serve as liaison between the office and the boards of visitors. At least

once each year the commissioner shall meet with the boards collectively.

The commissioner, or his or her designee, shall meet quarterly with

representatives of boards of visitors.

(m) Members of the boards of visitors shall be considered officers of

the office for people with developmental disabilities for the purposes

of sections seventy-three, to the extent provided therein, and

seventy-four of the public officers law relating to business or

professional activities by state officers and employees and the code of

ethics.

(n) Each member shall attend, within one year of the initial

appointment or any subsequent reappointment, an orientation training

program provided by the commission on quality of care and advocacy for

persons with disabilities for members of boards of visitors. The

chairman of the commission on quality of care and advocacy for persons

with disabilities shall notify the governor and the appointed member of

any such member's failure to attend such a training program. A member

who has failed to attend such a training program scheduled for such

member shall be considered to have vacated his office unless otherwise

ordered by the governor within forty-five days after the notice.

On-site client advocacy in developmental centers.

1. There shall be at each developmental center facility listed in

section 13.17 of this article, an ombudsman who shall be an employee of

the justice center for the protection of people with special needs under

article twenty of the executive law and who shall be responsible for

receiving and responding to any complaints regarding individuals

receiving services residing in such facility. The ombudsman shall have

the following powers and duties:

i. to advise and consult with individuals receiving services, parents,

guardians, correspondents and other interested persons with respect to

any complaints, or issues related to individuals receiving services;

ii. to review and attempt to remedy specific complaints with

responsible and appropriate staff;

iii. where it appears that care has not been rendered as required by

applicable standards to refer the complaint to the appropriate agency or

body for its attention;

iv. to receive and keep confidential any complaint, information or

inquiry from any source. The records of the ombudsman shall be

confidential, and shall not be available to the public;

v. to advise and consult with the board of visitors served by the

ombudsman with respect to any complaints or issues relating to

individuals receiving services, treatment and care and to regularly

attend the meetings of such board; and

vi. to meet with the commissioner, or a representative of the

commissioner, on a quarterly basis regarding systemic issues in the

ombudsman's jurisdiction.

2. The ombudsman shall be afforded initial training and orientation by

the justice center for the protection of people with special needs.

3. The director of each developmental center shall insure that

parents, guardians and correspondents of clients and other interested

persons at the facility under his direction are informed with respect to

the existence and duties of the ombudsman established pursuant to this

section by regularly and conspicuously posting the name, location and

duties of the ombudsman within such facility.

4. The facility director shall insure that each ombudsman is given

reasonable and private office quarters, including a means of record

keeping, on the grounds of the facility under his or her direction and

that adequate administrative resources are provided to the ombudsman for

the purpose of carrying out the duties prescribed by this section.

5. No one shall prevent or inhibit the ombudsman from reasonably

executing the powers and duties prescribed by this section.

Actions against persons rendering professional services at the

request of the office; defense and indemnification.

The provisions of section seventeen of the public officers law shall

apply to any physician, dentist, psychologist, nurse, optometrist,

licensed master social worker, or licensed clinical social worker,

licensed to practice pursuant to the education law, who is rendering

professional treatment authorized under such license at the request of

the office or an office facility to patients receiving care or

professional consultation from the office while rendering such

professional treatment.

Powers of the office and commissioner in relation to the

planning and referral of children with developmental

disabilities for adult services.

(a) As used in this section:

1. "report" means a report submitted to the office pursuant to

subparagraph five of paragraph b of subdivision one of section

forty-four hundred two of the education law or subdivision thirteen of

section three hundred ninety-eight of the social services law.

2. "child" means the child who is the subject of a report.

3. "local governmental unit" means a governmental unit as defined and

used in article forty-one of this chapter.

4. "voluntary agency" shall have the same meaning as that used in

article forty-one of this chapter.

(b) Upon receipt of a report, the commissioner shall review the report

and shall determine if the child will likely need adult services. If

necessary and appropriate, the commissioner may conduct an evaluation of

the child to determine if adult services will be needed. Such evaluation

shall include, but not be limited to, the medical, vocational or day

services and social needs of the child, the desires of the child and of

his or her parents or guardian, and the availability of appropriate

services. If the child will likely need adult services, the commissioner

shall develop a plan for continued care which shall include any

evaluation and shall identify those adult programs or services which may

be available and which are operated or licensed by the office and by the

local governmental unit of the county in which the child resides, or in

the event that the child resides in a county within the city of New

York, the local governmental unit of the city of New York. Such written

plan shall be made available to the individual and, unless the

individual objects, to his or her parents or guardian as soon as

practicable but not later than one year before the individual attains

the age of twenty-one. If such recommendation has been made prior to one

year before the individual attains the age of twenty, the office shall

provide yearly updates until the individual attains the age of

twenty-one.

(c) If the commissioner determines, pursuant to subdivision (b) of

this section, that such child will not require adult services, the

commissioner shall notify the child's parent or guardian and the

committee on special education, multidisciplinary team or social

services official, which submitted the report, in writing of such

determination. Such notice shall be given as soon as practicable but no

later than six months before the child attains the age of twenty-one.

Such notice shall state the reasons for the determination and may

recommend a state agency which may be responsible for determining and

recommending adult services. If such determination is not acceptable to

the child's parent or guardian, such person may appeal the determination

pursuant to regulations adopted by the commissioner.

(d) The commissioner may designate any qualified employee of the

office to carry out the functions described in subdivisions (b) and (c)

of this section. The commissioner may enter agreements with local

governmental units and voluntary agencies to provide the services

described in subdivisions (b) and (c) of this section. Consistent with

these agreements, the commissioner may designate a local governmental

unit or voluntary agency to carry out the functions of the commissioner

described in this section and the local governmental unit or voluntary

agency shall perform those functions.

(e) All information received by a local governmental unit or voluntary

agency pursuant to this section shall be subject to the confidentiality

requirements of the office.

(f) Nothing in this section shall be construed to create an

entitlement to adult services.

Transitional care.

(a) For purposes of this section, "transitional care" shall mean care

and maintenance of persons:

1. who were placed in foster care by a social services district

pursuant to article six of the social services law and who have become

twenty-one years of age, or who were placed in a residential educational

placement by a school district pursuant to article eighty-nine of the

education law and who are no longer eligible for free educational

services because they have completed the school year in which they

became twenty-one;

2. who were disabled and in need of residential care prior to becoming

age twenty-one or prior to becoming ineligible for free education

services and who have since remained continuously disabled and

continuously in need of residential care;

3. who became twenty-one or became ineligible for free educational

services prior to July first, nineteen hundred ninety-six;

4. with respect to whom the office has approved a plan of continued

out of home care for the person but has not yet identified a currently

available appropriate placement;

5. whose residential needs can be met by the facility in which the

persons resided prior to becoming age twenty-one or becoming ineligible

for free educational services; and

6. who on July first, nineteen hundred ninety-eight are in receipt of

transitional care, or who have continuously remained in the foster care

or residential education placement where they had received transitional

care.

(b) The office shall expend funds to provide transitional care as

described in this section.

(c) Expenditures pursuant to subdivision (b) of this section shall be

approved only if and to the extent that:

1. the office has an agreement with the residential facility for

continued care of qualified persons at rates which are no greater than

the rates that would have been available if such persons were under age

twenty-one;

2. the facility understands and agrees to the right of the office and

such other state offices as the office may deem appropriate to visit and

inspect the facilities and residents and to have access to any records

or information necessary to assure that the care provided is safe and

appropriate to the needs of any persons residing in the facility for

whom transitional care is being provided;

3. the payments are made subject to any other requirements identified

by the office; and

4. an application for supplemental security income benefits has been

submitted, and any supplemental security income benefits received by the

person, in excess of any reserved personal allowance amounts, shall be

applied to reduce the cost of transitional care.

(d) The office shall periodically forward to each facility that is

providing transitional care a statement of the obligations the facility

assumes by accepting payment pursuant to this section. The statement of

obligations shall be established by the office and provided to each

facility.

(e) The office shall discontinue payment for transitional care, in

accordance with procedures established by the office, for any

individual:

1. who has been offered an appropriate, available adult placement or

adult services, when such an offer has been made and accepted, or has

been made and upheld by an administrative hearing, or has been made and

the time to request an administrative appeal has expired;

2. whose continued placement in a child care facility or residential

school may adversely affect the health, safety or welfare of children

residing in the facility, based upon a determination by the education

department, or by the department of social services, and that the office

will, if necessary and appropriate, offer an adult placement to the

individual on an expedited basis; or

3. who is residing in a facility which has failed or refused to meet

its obligations pursuant to this section as a condition of funding, and

that the office will, if necessary and appropriate, offer an adult

placement to the individual on an expedited basis.

Additional duties of the office with respect to persons

receiving transitional care.

(a) The office shall, in consultation with the department of social

services, the education department, the office of mental health, and the

council on children and families, develop a plan and implement

procedures to help assure that all persons who are at the age or time to

first qualify for transitional care, as described in section 13.37-a of

this article, and for whom the office has accepted planning

responsibilities, receive assistance in locating an appropriate and

available residential placement or plan of services, within the state

and within the system of care subject to the jurisdiction of the office,

prior to the age or time at which they would otherwise have qualified

for transitional care, if such individuals had become twenty-one or

become ineligible for educational services prior to July first, nineteen

hundred ninety-six. For purposes of this section, the age or time at

which a person would qualify for transitional care is twenty-one for

persons in foster care, and the end of the school year in which they

become twenty-one for persons in residential schools.

(b) The office shall, in consultation with the department of social

services, the education department, the office of mental health, and

the council on children and families, develop a plan and implement

procedures to help assure that all persons in transitional care

receive assistance in locating appropriate and available placements

within the adult care systems supervised or funded by the office, and to

monitor the health and safety of persons receiving transitional

funding pursuant to section 13.37-a of this article. In connection with

the plans and procedures, the office shall establish standards governing

the quality of care provided to such persons by the residential

programs, including standards relating to the development and monitoring

of written individual services plans for each such person, the

involvement of the individual and, unless the individual objects,

parents, guardians or other persons interested in the care of such

persons in the development of written individual services plans, and

the investigation of complaints relating to the quality of care or

services provided to such persons. In appropriate circumstances, the

office shall work with the individual and, unless the individual

objects, the parents, guardians or other family members to help

determine what services would be necessary to enable the family to

provide care for the person at their home or in an independent community

setting, and shall provide or assist in arranging for those services to

the extent funds are available for that purpose.

(c) The office shall enter into a memorandum of understanding with the

department of social services to facilitate access by the office to

child care facilities providing transitional care to young adults as may

be necessary for the office to meet its responsibilities for monitoring

the care of the young adults.

(d) The office shall enter into memorandums of understanding with the

department of social services and the state education department to

address any requirements of those departments relating to the removal of

any person receiving transitional care from a child care facility or

residential school whose continuation in such facility or school may

adversely affect the health, safety or welfare of children residing in

the facility or school. The memorandum shall set forth the procedures

the office will follow in offering a placement or services in the adult

care system, if necessary and appropriate, on an expedited basis, or any

other procedures for assuring alternative care and services are

available to the young adult, and the manner in which the department of

social services or state education department will be informed of the

progress of those efforts.

(e) Upon making a determination that a person who is receiving

transitional care or care pursuant to subdivision (g) of this section

can be appropriately cared for in an available adult care facility or

service licensed, certified or approved by the office, and whose removal

from a child care facility is not required on an expedited basis, the

office shall notify in writing the person and the person's guardian, if

one has been appointed, or another individual who has been involved in

the care of the person and who may represent the person's interests, of

the description of the proposed new placement, the availability of an

administrative appeal to review the determination and of the need to

request such an appeal in writing within thirty days of the notice. If

the person, guardian or other individual requests an administrative

appeal within the time required, the office shall schedule a hearing

providing no less than ten days notice to the objecting party and the

commissioner or his or her designee shall issue a written determination

to the objecting party within thirty days of the adjournment of the

hearing, on whether the adult placement identified by the office is

appropriate to the needs of the person and is available or will become

available on an identified date certain. If the person, guardian or

other individual does not request a hearing within the time required, or

if the hearing results in a determination that the proposed adult

services or placement is appropriate to the needs of the person and is

available or will be available on an identified date certain, the office

shall discontinue care funding for the person as of a date certain. The

written determination shall be the final administrative remedy available

and shall be subject to review in accordance with the provisions of

article seventy-eight of the civil practice law and rules.

(f) In any case where an individual receiving transitional care is

about to be transferred from one facility to another, a transfer plan

shall be prepared by the sending facility and forwarded to the receiving

facility, the individual and, unless the individual objects, the

parents, guardian or other family members prior to the transfer. The

transfer plan shall include any information necessary to facilitate a

safe transfer, such as specific problems, a schedule for administering

medications and behavior unique to the individual.

(g) The office may make payments necessary to maintain individuals

described in subdivision (a) of this section in a child care facility or

residential school on an emergency basis where circumstances temporarily

prevent the transfer of individuals to adult services or placements.

Registration and notification of boards of directors or trustees

of certain voluntary not-for-profit facilities or

corporations.

(a) Notwithstanding any other law, rule or regulation, the executive

director, chairperson or president of a voluntary, not-for-profit

corporation or facility which is subject to the jurisdiction of the

office for people with developmental disabilities shall furnish annually

to the commissioner a list of the names and addresses of the current

members of the board of directors or trustees of such facility or

corporation. Failure to furnish such annual list shall remove such

facility or corporation from consideration for recertification.

(b) In the event that such facility or corporation is found to be in

violation of the provisions of this chapter or of rules and regulations

promulgated by the commissioner pursuant to this chapter which could

result in the revocation, cancellation, limitation or suspension of the

operating certificate of such facility and if notice of such violation

is provided to the facility pursuant to such regulations, a copy of such

notice shall be provided to each of the current members of the board of

directors or trustees of such facility or corporation by the

commissioner.

(c) The commissioner is authorized to promulgate such rules and

regulations as are necessary to implement the provisions of this

section.

People first waiver program.

(a) The commissioner and the commissioner of health shall jointly

establish a people first waiver program for purposes of developing a

care coordination model that integrates various long-term habilitation

supports and/or health care. The people first waiver program shall

include the use of developmental disability individual support and care

coordination organizations, herein referred to as DISCOs, pursuant to

section forty-four hundred three-g of the public health law, health

maintenance organizations, herein referred to as HMOs, providing

services under subdivision eight of section forty-four hundred three of

the public health law, and managed long term care plans, herein referred

to as MLTCs, providing services under subdivisions twelve, thirteen and

fourteen of section forty-four hundred three-f of the public health law.

Services shall be provided as described in section forty-four hundred

three-g of the public health law, subdivision eight of section

forty-four hundred three of the public health law, and subdivisions

twelve, thirteen and fourteen of section forty-four hundred three-f of

the public health law.

(b) Entities providing services pursuant to this section shall provide

health and long term care services as the term is defined in section

forty-four hundred three-g of the public health law.

(c) No person with a developmental disability who is receiving or

applying for medical assistance and who is receiving, or eligible to

receive, services operated, funded, certified, authorized or approved by

the office, shall be required to enroll in a DISCO, HMO or MLTC in order

to receive such services until program features and reimbursement rates

are approved by the commissioner and the commissioner of health, and

until such commissioners determine that a sufficient number of plans

that are authorized to coordinate care for individuals pursuant to this

section or that are authorized to operate and to exclusively enroll

persons with developmental disabilities pursuant to subdivision

twenty-seven of section three hundred sixty-four-j of the social

services law are operating in such person's county of residence to meet

the needs of persons with developmental disabilities, and that such

entities meet the standards of this section. No person shall be required

to enroll in a DISCO, HMO or MLTC in order to receive services operated,

funded, certified, authorized or approved by the office until there are

at least two entities operating under this section in such person's

county of residence, unless federal approval is secured to require

enrollment when there are less than two such entities operating in such

county. Notwithstanding the foregoing or any other law to the contrary,

any health care provider: (i) enrolled in the Medicaid program and (ii)

rendering hospital services, as such term is defined in section

twenty-eight hundred one of the public health law, to an individual with

a developmental disability who is enrolled in a DISCO, HMO or MLTC, or a

prepaid health services plan operating pursuant to section forty-four

hundred three-a of the public health law, including, but not limited to,

an individual who is enrolled in a plan authorized by section three

hundred sixty-four-j or the social services law, shall accept as full

reimbursement the negotiated rate or, in the event that there is no

negotiated rate, the rate of payment that the applicable government

agency would otherwise pay for such rendered hospital services.

(d) DISCOs, HMOs and MLTCs operating under this section shall ensure,

to the greatest extent practicable, that their assessment, services, and

the grievance and appeals processes are culturally and linguistically

competent.

(e) 1. The commissioner and the commissioner of health shall identify

one or more valid and reliable quality assurance instruments that

include assessments of individual and family satisfaction, provision of

services, and personal outcomes. The instruments shall:

(1) provide nationally validated, benchmarked, consistent, reliable

and measurable data for a comprehensive quality improvement and review

process, and

(2) include outcome-based measures such as health, safety, well-being,

relationships, interactions with people who do not have a disability,

employment, quality of life, integration, choice, service and consumer

satisfaction.

2. Within available appropriations, the instruments identified in this

subdivision may be expanded to collect additional data requested by

other offices, departments or agencies of the state, local or federal

government.

3. The commissioner may contract with an independent agency or

organization for the development of the quality assurance instruments

described in this subdivision.

4. The commissioner shall establish the methodology by which the

quality assurance instruments shall be administered.

5. The commissioner, in consultation with stakeholders, shall annually

review the data collected from the quality assurance instruments

described in this subdivision and shall review recommendations regarding

additional or different criteria for the quality assurance instruments

in order to assess the performance of the state's developmental

disabilities services system and improve services for consumers.

(f) There shall be a joint advisory council chaired by the

commissioner and the commissioner of health that shall be charged with

advising both commissioners in regard to the oversight of DISCOs, HMOs

providing services under subdivision eight of section forty-four hundred

three of the public health law, and MLTCs providing services under

subdivisions twelve, thirteen and fourteen of section forty-four hundred

three-f of the public health law. The joint advisory council may be

comprised of the members of existing advisory councils or similar

entities serving the office, provided that it shall be comprised of

twelve members, including individuals with developmental disabilities,

family members of, advocates for, and providers of services to people

with developmental disabilities. Three members of the joint advisory

council shall also be members of the special advisory review panel on

medicaid managed care established under section three hundred

sixty-four-jj of the social services law. The joint advisory council

shall review all managed care options provided to individuals with

developmental disabilities, including: the adequacy of habilitation

services; the record of compliance with person-centered planning,

person-centered services and community integration; the adequacy of

rates paid to providers in accordance with the provisions of paragraph

one of subdivision four of section forty-four hundred three of the

public health law, paragraph a-two of subdivision eight of section

forty-four hundred three of the public health law or paragraph a-two of

subdivision twelve of section forty-four hundred three-f of the public

health law; and quality of life, health, safety and community

integration of individuals with developmental disabilities enrolled in

managed care. The commissioner and commissioner of the office for

people with developmental disabilities or their designees shall attend

all meetings of the joint advisory council. The joint advisory council

shall report its findings, recommendations, and any proposed amendments

to pertinent sections of the law to the commissioner and the

commissioner of health, the senate majority leader and speaker of the

assembly. The joint advisory council shall have access to any and all

information that may be lawfully disclosed to it and that is necessary

to perform its functions under this section.

(g) Notwithstanding any inconsistent provision of sections one hundred

twelve and one hundred sixty-three of the state finance law, or section

one hundred forty-two of the economic development law, or any other law

to the contrary, the commissioner and the commissioner of health are

authorized to enter into a contract or contracts under section

forty-four hundred three-g of the public health law, subdivision eight

of section forty-four hundred three of the public health law, and

subdivision twelve of section forty-four hundred three-f of the public

health law, provided, however, that:

1. the office shall post on its website, for a period of no less than

thirty days:

(1) a description of the proposed services to be provided pursuant to

the contract or contracts;

(2) the criteria for selection of a contractor or contractors;

(3) the period of time during which a prospective contractor may seek

selection, which shall be no less than thirty days after such

information is first posted on the website; and

(4) the manner by which a prospective contractor may seek such

selection, which may include submission by electronic means;

2. all reasonable and responsive submissions that are received from

prospective contractors in a timely fashion shall be reviewed by the

commissioners; and

3. the commissioner and the commissioner of health may jointly select

such contractor or contractors that, in their discretion, have

demonstrated the ability to effectively, efficiently and economically

integrate health and long term care services as defined in section

forty-four hundred three-g of the public health law, and meet the

standards for a certificate of authority in the public health law for

the provision of services operated, funded, certified, authorized or

approved by the office for people with developmental disabilities and

applicable to the type of managed care plan that such contractor

proposes to operate.

* (h) Consistent with and subject to the terms of federal approval,

the commissioner shall establish the managed care for persons with

developmental disabilities advocacy program, hereinafter referred to as

the advocacy program. The activities of the advocacy program shall be

coordinated with the independent Medicaid managed care ombuds services

provided to persons with disabilities enrolling in Medicaid managed

care. The advocacy program shall advise individuals of applicable rights

and responsibilities, provide information and assistance to address the

needs of individuals with disabilities, and pursue legal, administrative

and other appropriate remedies or approaches to ensure the protection of

and advocacy for the rights of the enrollees. The advocacy program shall

provide support to eligible individuals with developmental disabilities

enrolling in developmental disability individual support and care

coordination organizations pursuant to section forty-four hundred

three-g of the public health law, health maintenance organizations

providing services pursuant to subdivision eight of section forty-four

hundred three of the public health law, managed long term care plans

providing services under subdivisions twelve, thirteen and fourteen of

section forty-four hundred three-f of the public health law, and fully

integrated dual advantage plans providing services under subdivision

twenty-seven of section three hundred sixty-four-j of the social

services law. The commissioner shall select an independent organization

or organizations to provide advocacy services under this subdivision.

* NB Effective upon approval by the federal centers for medicare and

medicaid services of a managed care advocacy program for individuals

with developmental disabilities

* § 13.41 Integrated employment plan.

(a) The commissioner, in consultation with the developmental

disabilities advisory council, shall establish a plan to increase

employment opportunities for people with developmental disabilities. The

plan shall include, but not be limited to:

(1) identification of strategies to increase competitive employment

opportunities for individuals with developmental disabilities, including

students transitioning from educational programs;

(2) data concerning job retention among individuals with developmental

disabilities and the identification of strategies to increase job

retention;

(3) identification of models of integrated employment promoting, to

the greatest extent possible, individuals with developmental

disabilities working alongside individuals without disabilities,

including considerations of ability levels, critical life transitions

and appropriate options;

(4) strategies for assisting individuals in transitioning from

sheltered workshop programs to competitive employment;

(5) partnerships with business communities and senior services to

assist in increasing the availability of competitive employment for

older adults;

(6) identification of means to assist individuals with significant

behavioral or medical needs in preparing for and moving towards

integrated employment;

(7) technical assistance, compliance and transition assistance

procedures for existing providers who seek to transition to competitive

and/or integrated employment models; and

(8) assessments of funding and necessary supports for individuals and

providers.

(b) The commissioner, in consultation with the developmental

disabilities advisory council, shall develop the plan with input from

stakeholders, including individuals with developmental disabilities,

parents and guardians of individuals with developmental disabilities,

advocates and providers of services for individuals with developmental

disabilities.

(c) The plan required pursuant to this section shall be developed and

submitted to the temporary president of the senate and speaker of the

assembly and posted on the website of the office for people with

developmental disabilities within one hundred eighty days of the centers

for medicare and medicaid services' approval of the plan to increase

competitive employment opportunities for people with developmental

disabilities.

(d) Individuals with developmental disabilities who were employed in

sheltered workshops on or after July first, two thousand thirteen who

are not interested in working or who are not able to work in a

provider-owned business or private business in the community shall, to

the extent practicable and in accordance with the principles of

person-centered planning, be afforded the option of receiving other

services of the office, including, but not limited to pathway to

employment, community prevocational, day habilitation, community

habilitation and self-directed services. The provision of such services

shall consider, but not be limited to, the following factors:

(1) assessment of the individual's skills, including social behavior,

ability to handle stress, ability to work with others, job performance,

communication skills, work ethic, and interests;

(2) assessment of the individual's situation, including transportation

needs, family supports, and physical and mental health; and

(3) creation of opportunities to explore different community and

volunteer experiences to obtain information that will be used to create

a person-centered plan.

(e) For individuals with developmental disabilities who were employed

in sheltered workshops on or after July first, two thousand thirteen

interested in retirement, office services shall focus on connecting

individuals to retirement-related activities, including participating in

senior and community center activities, and other local activities for

retirees.

* NB There are 2 § 13.41's

Autism spectrum disorders advisory board.

(a) There is hereby established within the office the autism spectrum

disorders advisory board. Such board shall consist of twenty-four

members, fifteen of whom shall be appointed and nine of whom shall serve

ex officio. Of the appointed members, three shall be appointed by the

governor, three shall be appointed by the temporary president of the

senate, three shall be appointed by the speaker of the assembly, three

shall be appointed by the minority leader of the senate and three shall

be appointed by the minority leader of the assembly. Of the three

members appointed by each appointing authority, one member shall have

expertise of work as a professional in the field of autism, one member

shall be a family advocate and one member shall be a self-advocate in

the community that such advocate resides. A representative from each of

the following state agencies shall serve ex officio: the office for

people with developmental disabilities; the department of education; the

office of mental health; the office of children and family services; the

department of health; the developmental disabilities planning council;

the council on children and families; and the office of vocational and

educational services for individuals with disabilities. The chair of the

board shall be selected by the governor.

(b) Members of the board shall serve for a term of three years, at

which point such membership position shall be subject to reappointment.

Vacancies on the board shall be filled in the same manner as the

original appointment once a member's term has expired, or if a member

resigns before his or her term has expired. Members of the board shall

receive no compensation, but may be reimbursed for actual and necessary

expenses incurred in the performance of their duties within amounts

appropriated therefor. As of the effective date of the chapter of the

laws of two thousand twenty-three which amended this subdivision, all

appointees who are currently serving on the board shall be subject to

the term limit set forth pursuant to this section.

(c) The board shall have the following tasks and duties:

(1) Study and review the effectiveness of supports and services

currently being provided to people diagnosed with autism spectrum

disorders;

(2) Identify legislative and regulatory activity which may be required

to improve existing service systems that support people diagnosed with

autism spectrum disorders;

(3) Identify methods of improving interagency coordination of services

and maximize the impact and effectiveness of services and agency

functions;

(4) Identify strategies and methods of improving outreach and

coordination of services associated with autism spectrum disorders for

minority group members including, but not limited to, African American,

Latino and Asian children; and

(5) Such other matters as may be deemed appropriate by the members of

the board.

At the discretion of the chair, the board may consult with

stakeholders for the purpose of carrying out its tasks and duties in

accordance with this subdivision.

(d) Such board shall meet at least quarterly. Special meetings may be

called by the chair. The agenda and meeting place of all regular or

special meetings shall be made available to the public in advance of

such meetings.

(e) The advisory board shall submit a written report to the governor,

the temporary president of the senate and the speaker of the assembly by

no later than October first of the year next succeeding the effective

date of this section and annually thereafter, setting forth the

recommendations and activities of the council on matters within the

scope of its duties as set forth in this section.

* § 13.43 First responder training.

(a) The commissioner, in consultation with the commissioner of health,

the office of fire prevention and control, the municipal police training

council, and the superintendent of state police, shall develop a

training program and associated training materials, to provide

instruction and information to firefighters, police officers and

emergency medical services personnel on appropriate recognition and

response techniques for handling emergency situations involving

individuals with autism spectrum disorder and other developmental

disabilities. The training program and associated training materials

shall include any other information deemed necessary and appropriate by

the commissioner.

(b) Such training shall address appropriate response techniques for

dealing with both adults and minors with autism spectrum disorder and