Title MHY, Mental Hygiene

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

§ 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: (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 …

§ 10.03 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…

§ 10.05 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 f…

§ 10.06 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 l…

§ 10.07 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 determi…

§ 10.08 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…

§ 10.09 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 pet…

§ 10.10 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 …

§ 10.11 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 super…

§ 10.13 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 s…

§ 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. 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 co…

§ 13.01 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 rehabilit…

§ 13.03 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.

§ 13.05 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…

§ 13.06 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 …

§ 13.07 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, h…

§ 13.09 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 otherwis…

§ 13.11 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 …

§ 13.13 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.

§ 13.15 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 r…

§ 13.16 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 chap…

§ 13.17 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…

§ 13.19 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 develo…

§ 13.21 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 …

§ 13.23 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 es…

§ 13.24 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 development…

§ 13.25 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 …

§ 13.27 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 us…

§ 13.29 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 wit…

§ 13.31 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…

§ 13.33 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…

§ 13.34 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 twe…

§ 13.35 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 socia…

§ 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. (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 o…

§ 13.38 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 pl…

§ 13.39 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 corporat…

§ 13.40 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 peop…

* § 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:…

* § 13.41 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 hundre…

§ 13.42 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 ap…

* § 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 tra…

* § 13.43 Disabilities identification card. (a) The commissioner shall develop an identification card denoting that a person has been medically diagnosed with a developmental disability. Such identification card may be presented to law enforcement, firefighters and emergency medi…

§ 15.01 Definitions. As used in this article: "in need of care and treatment" means that a person has a developmental disability and would benefit from care and treatment as a resident in a school. "in need of involuntary care and treatment" means that a person is in need of in-p…

§ 15.03 Admission to a school. Unless otherwise specifically provided for by statute, a person with a developmental disability shall be admitted to a school as a resident only pursuant to the provisions of this article. The section of the mental hygiene law under which the reside…

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

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