Bill Text: NY S07232 | 2013-2014 | General Assembly | Introduced
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 2-0)
Status: (Passed) 2014-09-23 - SIGNED CHAP.394 [S07232 Detail]
Download: New_York-2013-S07232-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7232
I N S E N A T E
May 7, 2014
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15035-01-4
S. 7232 2
1 HAS IN THE COURSE OF AN INTERVIEW OR INTERROGATION, INCLUDING BUT NOT
2 LIMITED TO THE RIGHT TO CONSENT TO A SEARCH OF THEIR PERSON OR PROPERTY.
3 SUCH PROCEDURES SHALL INCLUDE:
4 (I) APPROPRIATE NOTIFICATION TO AN INDIVIDUAL WITH A DISABILITY OR A
5 VULNERABLE PERSON AS TO WHAT RIGHTS SHALL BE ACCORDED TO HIM OR HER IN
6 AN INTERVIEW, INCLUDING THE RIGHT NOT TO PARTICIPATE IN SUCH INTERVIEW;
7 (II) AN APPROPRIATE MEANS OF INTERVIEWING AN INDIVIDUAL WITH A DISA-
8 BILITY OR A VULNERABLE PERSON GIVEN THE LIMITATIONS SUCH INDIVIDUAL MAY
9 HAVE IN COMPREHENDING QUESTIONS;
10 (III) APPROPRIATE NOTIFICATION OF A QUALIFIED PERSON AS DEFINED IN
11 SECTION 33.16 OF THE MENTAL HYGIENE LAW INFORMING SUCH QUALIFIED PERSON
12 THAT AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE PERSON SHALL BE
13 QUESTIONED OR SUBJECT TO AN INTERVIEW OR INTERROGATION AND TO ENABLE
14 SUCH QUALIFIED PERSON TO PROVIDE ANY INFORMATION WHICH THEY BELIEVE IS
15 NECESSARY TO PROTECT THE INDIVIDUAL;
16 (IV) PROCEDURES FOR DETERMINING UNDER WHAT CIRCUMSTANCE A QUALIFIED
17 PERSON SHALL ACCOMPANY AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE
18 PERSON DURING AN INTERVIEW OR INTERROGATION.
19 (C) PROCEDURES FOR TIMELY NOTIFICATION OF THE APPROPRIATE ADMINISTRA-
20 TIVE AGENCY PERSONNEL PROVIDING SERVICES TO AN INDIVIDUAL WITH A DISA-
21 BILITY OR A VULNERABLE PERSON THAT SUCH INDIVIDUAL MAY POSSESS INFORMA-
22 TION WHICH IS CRITICAL TO AN INVESTIGATION AND THAT SUCH INDIVIDUAL WILL
23 BE INTERVIEWED. PROCEDURES FOR OBTAINING INFORMATION FROM A PROVIDER
24 AGENCY SERVING AN INDIVIDUAL WITH A DISABILITY OR A VULNERABLE PERSON
25 WHICH MAY BE CRITICAL TO PROTECTING SUCH INDIVIDUAL'S HEALTH AND SAFETY
26 AND BEST INTERESTS.
27 S 2. Subdivision 4 of section 553 of the executive law, as added by
28 section 3 of part A of chapter 501 of the laws of 2012, is amended to
29 read as follows:
30 4. To develop standards and training curricula for investigators who
31 will be assigned to investigate reportable incidents involving vulner-
32 able persons AND INDIVIDUALS WITH DISABILITIES, and to provide periodic
33 training to such investigators. Such standards, curricula and training
34 shall address topics including, but not limited to: (a) how to identify
35 and investigate reportable incidents; (b) the duty to report reportable
36 incidents; (c) the requirements of all codes of conduct; (d) all appli-
37 cable disciplinary processes; [and] (e) PROTOCOLS AND PROCEDURES PURSU-
38 ANT TO PARAGRAPH TWENTY-EIGHT OF THIS SECTION; AND (F) employees' rights
39 pursuant to this article;
40 S 3. Protocols and procedure required by this act shall be developed
41 by January 1, 2015 and shall be submitted to the majority leader of the
42 senate and the speaker of the assembly and implemented by the justice
43 center by March 1, 2015.
44 S 4. This act shall take effect immediately.
