Title MHY, Mental Hygiene

§ 1.01 Short title.\n This chapter shall be known and may be cited as the "Mental Hygiene\nLaw".\n

§ 1.03 Definitions.\n When used in this chapter, unless otherwise expressly stated or unless\nthe context otherwise requires:\n 1. "Department" means the department of mental hygiene of the state of\nNew York. Except as used in article five of this chapter, the term\n"department"…

§ 10.01 Legislative findings. The legislature finds as follows:\n (a) That recidivistic sex offenders pose a danger to society that\nshould be addressed through comprehensive programs of treatment and\nmanagement. Civil and criminal processes have distinct but overlapping\ngoals,…

§ 10.03 Definitions.\n As used in this article, the following terms shall have the following\nmeanings:\n (a) "Agency with jurisdiction" as to a person means that agency which,\nduring the period in question, would be the agency responsible for\nsupervising or releasing such pers…

§ 10.05 Notice and case review.\n (a) The commissioner of mental health, in consultation with the\ncommissioner of the department of corrections and community supervision\nand the commissioner of developmental disabilities, shall establish a\ncase review panel consisting of at le…

§ 10.06 Petition and hearing.\n (a) If the case review team finds that a respondent is a sex offender\nrequiring civil management, then the attorney general may file a sex\noffender civil management petition in the supreme court or county court\nof the county where the respondent…

§ 10.07 Trial.\n (a) Within sixty days after the court determines, pursuant to\nsubdivision (k) of section 10.06 of this article, that there is probable\ncause to believe that the respondent is a sex offender requiring civil\nmanagement, the court shall conduct a jury trial to de…

§ 10.08 Procedures under this article.\n (a) When a respondent submits to an examination pursuant to an order\nissued in accordance with this article, any statement made by the\nrespondent for the purpose of the examination shall be kept confidential\nin accordance with the provi…

§ 10.09 Annual examinations and petitions for discharge.\n (a) The commissioner shall provide the respondent and counsel for\nrespondent with an annual written notice of the right to petition the\ncourt for discharge. The notice shall contain a form for the waiver of\nthe right t…

§ 10.10 Treatment and confinement.\n (a) If the respondent is found to be a dangerous sex offender\nrequiring confinement and committed to a secure treatment facility, that\nfacility shall provide care, treatment, and control of the respondent\nuntil such time that a court discha…

§ 10.11 Regimen of strict and intensive supervision and treatment.\n (a) (1) Before ordering the release of a person to a regimen of strict\nand intensive supervision and treatment pursuant to this article, the\ncourt shall order that the department of corrections and community\n…

§ 10.13 Appeals.\n (a) The attorney general may, in the appellate division of the supreme\ncourt, seek a stay of any order under this article releasing a person\nunder this article.\n (b) The attorney general may appeal as of right from an order entered\npursuant to subdivision (…

§ 10.15 Compensation, fees and expenses.\n (a) Any compensation, fee or expense paid pursuant to the provisions\nof this article and article eighteen-B of the county law shall be a\nstate charge payable on vouchers approved by the court which fixed the\nsame, after audit by and o…

§ 10.17 Release of information authorized.\n The commissioner is authorized to release information in accordance\nwith subparagraph (vii) of paragraph nine of subdivision (c) of section\n33.13 of this chapter to appropriate persons and entities when necessary\nto protect the publ…

§ 13.01 Declaration of policy.\n The state of New York and its local governments have a responsibility\nfor the prevention and early detection of developmental disabilities and\nfor the comprehensively planned provision of services including care,\ntreatment habilitation and reha…

§ 13.03 Definitions.\n As used in this title:\n 1. "office" means the office for people with developmental\ndisabilities.\n 2. "commissioner" means the head of the office for people with\ndevelopmental disabilities.\n

§ 13.05 Developmental disabilities advisory council.\n (a) There is hereby established a developmental disabilities advisory\ncouncil. The council shall consist of the commissioner, the chairman of\nthe conference of local mental hygiene directors or his or her designee,\nand at …

§ 13.06 Annual plan.\n The commissioner shall submit an annual plan to the director of the\nbudget for his review and approval. Such annual plan shall also be filed\nwith the chairman of the assembly ways and means committee and the\nsenate finance committee. Such plan shall iden…

§ 13.07 Office for people with developmental disabilities; scope of\n responsibilities.\n (a) The office for people with developmental disabilities shall assure\nthe development of comprehensive plans, programs, and services in the\nareas of research, prevention, and care, treatm…

§ 13.09 Powers of the office and commissioner; how exercised.\n (a) The commissioner shall exercise all powers vested in the office.\nHe or she may delegate any function, power, or duty assigned to him or\nher or to the office to any officer or employee of the office, unless\noth…

§ 13.11 Organization and administration of the office for people with\n developmental disabilities and its facilities.\n (a) The commissioner shall have the professional jurisdiction,\nsupervision, and control of the office and all department facilities for\npersons with developm…

§ 13.13 Local services.\n Local services for persons with developmental disabilities shall be\nplanned, financed and implemented in accordance with the provisions of\narticle forty-one of this chapter.\n

§ 13.15 Programs of the office for people with developmental\n disabilities.\n (a) The commissioner shall plan, promote, establish, develop,\ncoordinate, evaluate, and conduct programs and services of prevention,\ndiagnosis, examination, care, treatment, rehabilitation, training,…

§ 13.16 Fiscal year report.\n (a) Every provider of service furnishing services to persons defined\nin paragraph (e) of subdivision three of section two hundred nine of the\nsocial services law, which is required to have operating certificates\npursuant to article sixteen of this…

§ 13.17 Programs, services, and operations in the office for people with\n developmental disabilities.\n (a) The commissioner shall establish policy and procedures for the\norganization, administration, and service delivery system under his or\nher jurisdiction and shall make pro…

§ 13.19 Personnel of the office; regulations.\n (a) The commissioner may, within the amounts appropriated therefor,\nappoint and remove in accordance with law and applicable rules of the\nstate civil service commission, such officers and employees of the\noffice for people with d…

§ 13.21 Directors of state operations offices and developmental\n disabilities regional offices in the office for people with\n developmental disabilities.\n (a) The directors of both the state operations offices and\ndevelopmental disabilities regional offices in the office for …

§ 13.23 Education and training programs.\n (a) The commissioner shall have the power to establish such programs\nof training and education related to developmental disabilities as he\nshall deem desirable.\n (b) The director of each facility with the approval of the\ncommissioner…

§ 13.24 Sheltered workshops, work activity and day training services.\n 1. As used in this section, the following terms shall have the\nfollowing meanings.\n a. "Sheltered workshops" means a program operated for the purpose of\nproviding sheltered employment to persons with devel…

§ 13.25 Safety.\n (a) The commissioner and the directors of facilities under his or her\njurisdiction may designate safety officers to act as special police\nofficers whose duty it shall be, under orders of the appropriate\nofficer, to preserve peace and good order in such facili…

§ 13.27 Facility services.\n (a) Chapels. The commissioner may permit any religious or missionary\ncorporation or society or combination of such corporations and societies\nto erect a building on the grounds of any facility in the office for the\nholding of religious service, to …

§ 13.29 Gifts.\n (a) The commissioner, on behalf of the state and if in the public\ninterest, shall accept, hold in trust, administer, apply, execute, or\nuse gifts, devises, bequests, grants, powers, or trusts of personal or\nreal property made to the state, the office for peopl…

§ 13.31 Disposition of moneys and securities.\n (a) The commissioner, or the officer or employee of the office\ndesignated by him or her, shall:\n 1. Receive and turn over to the comptroller for liquidation all bonds,\nnotes, mortgages, trust funds, and other securities and oblig…

§ 13.33 Boards of visitors.\n (a) Each state operations office under the jurisdiction of the\ncommissioner shall have a minimum of one board of visitors consisting of\nat least seven but not more than fourteen members. Members appointed or\nreappointed after the effective date of…

§ 13.34 On-site client advocacy in developmental centers.\n 1. There shall be at each developmental center facility listed in\nsection 13.17 of this article, an ombudsman who shall be an employee of\nthe justice center for the protection of people with special needs under\narticl…

§ 13.35 Actions against persons rendering professional services at the\n request of the office; defense and indemnification.\n The provisions of section seventeen of the public officers law shall\napply to any physician, dentist, psychologist, nurse, optometrist,\nlicensed master…

§ 13.37 Powers of the office and commissioner in relation to the\n planning and referral of children with developmental\n disabilities for adult services.\n (a) As used in this section:\n 1. "report" means a report submitted to the office pursuant to\nsubparagraph five of paragra…

§ 13.37-a Transitional care.\n (a) For purposes of this section, "transitional care" shall mean care\nand maintenance of persons:\n 1. who were placed in foster care by a social services district\npursuant to article six of the social services law and who have become\ntwenty-one …

§ 13.38 Additional duties of the office with respect to persons\nreceiving transitional care.\n (a) The office shall, in consultation with the department of social\nservices, the education department, the office of mental health, and the\ncouncil on children and families, develop…

§ 13.39 Registration and notification of boards of directors or trustees\n of certain voluntary not-for-profit facilities or\n corporations.\n (a) Notwithstanding any other law, rule or regulation, the executive\ndirector, chairperson or president of a voluntary, not-for-profit\n…

§ 13.40 People first waiver program.\n (a) The commissioner and the commissioner of health shall jointly\nestablish a people first waiver program for purposes of developing a\ncare coordination model that integrates various long-term habilitation\nsupports and/or health care. The…

* § 13.41 Integrated employment plan.\n (a) The commissioner, in consultation with the developmental\ndisabilities advisory council, shall establish a plan to increase\nemployment opportunities for people with developmental disabilities. The\nplan shall include, but not be limite…

* § 13.41 Retaliatory personnel actions.\n Employees of facilities, programs and providers operated, licensed,\ncertified, authorized or funded by the office shall have protection from\nretaliatory action from employers as provided for in sections seven\nhundred forty and seven h…

§ 13.42 Autism spectrum disorders advisory board.\n (a) There is hereby established within the office the autism spectrum\ndisorders advisory board. Such board shall consist of twenty-four\nmembers, fifteen of whom shall be appointed and nine of whom shall serve\nex officio. Of t…

* § 13.43 First responder training.\n (a) The commissioner, in consultation with the commissioner of health,\nthe office of fire prevention and control, the municipal police training\ncouncil, and the superintendent of state police, shall develop a\ntraining program and associate…

* § 13.43 Disabilities identification card.\n (a) The commissioner shall develop an identification card denoting\nthat a person has been medically diagnosed with a developmental\ndisability. Such identification card may be presented to law\nenforcement, firefighters and emergency…

§ 15.01 Definitions.\n As used in this article:\n "in need of care and treatment" means that a person has a\ndevelopmental disability and would benefit from care and treatment as a\nresident in a school.\n "in need of involuntary care and treatment" means that a person is in\nnee…

§ 15.03 Admission to a school.\n Unless otherwise specifically provided for by statute, a person with a\ndevelopmental disability shall be admitted to a school as a resident\nonly pursuant to the provisions of this article. The section of the\nmental hygiene law under which the r…

§ 15.05 Examining physician or psychologist and medical certificate.\n (a) A person is disqualified from acting as an examining physician or\npsychologist in the following cases:\n 1. if he is a relative of the person applying for the admission or of\nthe person alleged to have a…

§ 15.07 Notice to all residents of their rights and of the availability\n of the mental hygiene legal service.\n (a) Immediately upon the admission of any resident to a school or upon\nhis conversion to a different status, the director shall inform the\nresident in writing of his…