Bill Text: NY A09605 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to investigations by observing critical protocols and procedures to ensure the safety and rights of an individual with a disability or a vulnerable person; establishes such protocols and procedures be developed by the justice center and the relevant advisory council and appropriate state agency; requires such protocols and procedures be developed by 1/1/2015 and be submitted to the legislature and implemented by 3/1/2015.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-06-18 - substituted by s7232a [A09605 Detail]

Download: New_York-2013-A09605-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9605
                                 I N  A S S E M B L Y
                                      May 9, 2014
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Mental Health
       AN ACT to amend the executive law, in relation to  ensuring  the  safety
         and rights of an individual with a disability or a vulnerable person
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 553 of the executive law is amended by adding a new
    2  subdivision 28 to read as follows:
    3    28. TO CARRY OUT INVESTIGATIONS BY OBSERVING  CRITICAL  PROTOCOLS  AND
    4  PROCEDURES TO ENSURE THE SAFETY AND RIGHTS OF AN INDIVIDUAL WITH A DISA-
    5  BILITY  OR  A  VULNERABLE PERSON. SUCH PROTOCOLS AND PROCEDURES SHALL BE
    6  DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH THE ADVISORY  COUN-
    7  CIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED SIXTY-ONE OF THIS ARTI-
    8  CLE AND THE APPROPRIATE STATE AGENCY AND SHALL INCLUDE:
    9    (A)  IN  THE  EVENT  THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE
   10  COURSE OF AN INVESTIGATION FROM AN INDIVIDUAL WITH  A  DISABILITY  OR  A
   11  VULNERABLE  PERSON,  PROTOCOLS  AND  PROCEDURES SHALL BE ESTABLISHED FOR
   12  ASCERTAINING WHETHER OR NOT INTERVIEWING OR INTERROGATING SUCH PERSON IS
   13  CLINICALLY CONTRAINDICATED PRIOR  TO  SUCH  INTERVIEW  OR  INTERROGATION
   14  TAKING PLACE.
   15    (I)  IN  THE  EVENT  THAT  AN INTERVIEW OR INTERROGATION IS CLINICALLY
   16  CONTRAINDICATED, THE INDIVIDUAL WITH A DISABILITY OR  VULNERABLE  PERSON
   17  SHALL BE EXEMPT FROM SUCH INTERVIEW OR INTERROGATION.
   18    (II)  FOR  THOSE  INDIVIDUALS  WITH A DISABILITY OR VULNERABLE PERSONS
   19  SUBJECT TO AN INTERVIEW  OR  INTERROGATION,  THE  JUSTICE  CENTER  SHALL
   20  DEVELOP  PROCEDURES AND PROTOCOLS TO ENSURE THAT ANY INTERVIEW OR INTER-
   21  ROGATION IS CONDUCTED SAFELY IN LIGHT OF ALL RELEVANT  CLINICAL,  BEHAV-
   22  IORAL  AND  OTHER  FACTS RELATING TO THE INDIVIDUAL'S DISABILITY, SAFETY
   23  AND WELLBEING.
   24    (B) PROCEDURES TO ASCERTAIN WHETHER AN INDIVIDUAL WITH A DISABILITY OR
   25  A VULNERABLE PERSON HAS THE LEGAL CAPACITY TO UNDERSTAND QUESTIONS POSED
   26  TO HIM OR HER DURING AN INTERVIEW  OR  INTERROGATION  AND  WHETHER  SUCH
   27  INDIVIDUAL  HAS  THE  LEGAL CAPACITY TO UNDERSTAND WHAT RIGHTS HE OR SHE
   28  HAS IN THE COURSE OF AN INTERVIEW OR INTERROGATION,  INCLUDING  BUT  NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15035-01-4
       A. 9605                             2
    1  LIMITED TO THE RIGHT TO CONSENT TO A SEARCH OF THEIR PERSON OR PROPERTY.
    2  SUCH PROCEDURES SHALL INCLUDE:
    3    (I)  APPROPRIATE  NOTIFICATION TO AN INDIVIDUAL WITH A DISABILITY OR A
    4  VULNERABLE PERSON AS TO WHAT RIGHTS SHALL BE ACCORDED TO HIM OR  HER  IN
    5  AN INTERVIEW, INCLUDING THE RIGHT NOT TO PARTICIPATE IN SUCH INTERVIEW;
    6    (II)  AN  APPROPRIATE MEANS OF INTERVIEWING AN INDIVIDUAL WITH A DISA-
    7  BILITY OR A VULNERABLE PERSON GIVEN THE LIMITATIONS SUCH INDIVIDUAL  MAY
    8  HAVE IN COMPREHENDING QUESTIONS;
    9    (III)  APPROPRIATE  NOTIFICATION  OF  A QUALIFIED PERSON AS DEFINED IN
   10  SECTION 33.16 OF THE MENTAL HYGIENE LAW INFORMING SUCH QUALIFIED  PERSON
   11  THAT  AN  INDIVIDUAL  WITH  A DISABILITY OR A VULNERABLE PERSON SHALL BE
   12  QUESTIONED OR SUBJECT TO AN INTERVIEW OR  INTERROGATION  AND  TO  ENABLE
   13  SUCH  QUALIFIED  PERSON TO PROVIDE ANY INFORMATION WHICH THEY BELIEVE IS
   14  NECESSARY TO PROTECT THE INDIVIDUAL;
   15    (IV) PROCEDURES FOR DETERMINING UNDER WHAT  CIRCUMSTANCE  A  QUALIFIED
   16  PERSON  SHALL  ACCOMPANY AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE
   17  PERSON DURING AN INTERVIEW OR INTERROGATION.
   18    (C) PROCEDURES FOR TIMELY NOTIFICATION OF THE APPROPRIATE  ADMINISTRA-
   19  TIVE  AGENCY  PERSONNEL PROVIDING SERVICES TO AN INDIVIDUAL WITH A DISA-
   20  BILITY OR A VULNERABLE PERSON THAT SUCH INDIVIDUAL MAY POSSESS  INFORMA-
   21  TION WHICH IS CRITICAL TO AN INVESTIGATION AND THAT SUCH INDIVIDUAL WILL
   22  BE  INTERVIEWED.  PROCEDURES  FOR  OBTAINING INFORMATION FROM A PROVIDER
   23  AGENCY SERVING AN INDIVIDUAL WITH A DISABILITY OR  A  VULNERABLE  PERSON
   24  WHICH  MAY BE CRITICAL TO PROTECTING SUCH INDIVIDUAL'S HEALTH AND SAFETY
   25  AND BEST INTERESTS.
   26    S 2. Subdivision 4 of section 553 of the executive law,  as  added  by
   27  section  3  of  part A of chapter 501 of the laws of 2012, is amended to
   28  read as follows:
   29    4. To develop standards and training curricula for  investigators  who
   30  will  be  assigned to investigate reportable incidents involving vulner-
   31  able persons AND INDIVIDUALS WITH DISABILITIES, and to provide  periodic
   32  training  to  such investigators. Such standards, curricula and training
   33  shall address topics including, but not limited to: (a) how to  identify
   34  and  investigate reportable incidents; (b) the duty to report reportable
   35  incidents; (c) the requirements of all codes of conduct; (d) all  appli-
   36  cable  disciplinary processes; [and] (e) PROTOCOLS AND PROCEDURES PURSU-
   37  ANT TO PARAGRAPH TWENTY-EIGHT OF THIS SECTION; AND (F) employees' rights
   38  pursuant to this article;
   39    S 3. Protocols and procedure required by this act shall  be  developed
   40  by  January 1, 2015 and shall be submitted to the majority leader of the
   41  senate and the speaker of the assembly and implemented  by  the  justice
   42  center by March 1, 2015.
   43    S 4. This act shall take effect immediately.