Bill Text: NY A04921 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4921 (Prior Session Legislation)

Introduced

Bill Title: Provides guidelines and aides in locating sites for community residential facilities; requires OPDD to conduct study on location of proposed sites.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to mental health [A04921 Detail]

Download: New_York-2011-A04921-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4921
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
         Committee on Mental Health
       AN ACT to amend the mental hygiene law, in relation to  site  selections
         of community residential facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (C) of  paragraph  1  of  subdivision  (c)  of
    2  section  41.34  of  the mental hygiene law, as amended by chapter 823 of
    3  the laws of 1992, is amended and a new subdivision (g) is added to  read
    4  as follows:
    5    (C) object to the establishment of a facility of the kind described by
    6  the  sponsoring  agency  because to do so would result in such a concen-
    7  tration of community residential facilities for the mentally disabled in
    8  the municipality or in the area in proximity to the site selected  or  a
    9  combination  of such facilities with other community residences or simi-
   10  lar facilities licensed by other agencies of state government, including
   11  all community residences, intermediate care facilities, residential care
   12  facilities for adults and residential treatment facilities for  individ-
   13  uals with mental illness or developmental disabilities operated pursuant
   14  to article sixteen or article thirty-one of this chapter and all similar
   15  residential  facilities  of  fourteen  or  less  residents  operated  or
   16  licensed by another state agency[,] AND ALSO GROUP HOMES  HOUSING  JUVE-
   17  NILE  DELINQUENTS  AND  OUTPATIENT  CLINICS  AND  DAY  TREATMENT CENTERS
   18  PROVIDING PSYCHIATRIC AND DRUG REHABILITATION SERVICES that  the  nature
   19  and character of the areas within the municipality would be substantial-
   20  ly altered.
   21    (G) IN ADDITION TO ANY OTHER PROVISION OF THIS SECTION, THE OFFICE FOR
   22  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES SHALL CONDUCT A STUDY OF STATE-
   23  WIDE AND LOCAL MUNICIPAL SITING PATTERNS FOR FACILITIES REFERRED  TO  IN
   24  SUBPARAGRAPH  (C) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION AS
   25  THEY RELATE TO COMMUNITY RESIDENTIAL FACILITIES AND WITHIN THREE HUNDRED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04416-01-1
       A. 4921                             2
    1  SIXTY-FIVE DAYS ISSUE ITS RECOMMENDED GUIDELINES FOR APPROPRIATE  COMMU-
    2  NITY CONCENTRATION LEVELS AND MINIMUM DISTANCES BETWEEN SUCH FACILITIES.
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.