S03127 Summary:

BILL NOS03127
 
SAME ASNo same as
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add S6-a, NYC Health & Hosp Corp Act
 
Creates an incident reporting system within the NYC health and hospital corporation for the purpose of tracking the behavior patterns of the mentally incompetent and of alcohol and substance abusers.
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S03127 Actions:

BILL NOS03127
 
01/30/2013REFERRED TO CITIES
01/08/2014REFERRED TO CITIES
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S03127 Floor Votes:

There are no votes for this bill in this legislative session.
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S03127 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3127
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2013
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
 
        AN ACT to amend the New York city health and hospitals corporation  act,
          in relation to the creation of a corporation incident reporting system
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1.   Legislative findings. In New York  city,  the  number  of
     2  individuals  with  psychiatric disabilities, and/or alcohol or substance
     3  abuse problems has rapidly increased in the last several  years.  Police
     4  officers and peace officers alike encounter these individuals on a daily
     5  basis. In 1988, the New York city police department began implementation
     6  of  what has been widely recognized as the Police Mental Health Training
     7  Project. This project was designed to instruct officers in how to  prop-
     8  erly  respond to the mentally incompetent. While this project has proven
     9  an effective tool for police officers, peace officers assigned to health
    10  care facilities where a vast majority of  individuals  with  psychiatric
    11  disabilities and/or those exhibiting signs of alcohol or substance abuse

    12  are  found,  are not receiving the same training and in fact are experi-
    13  encing great difficulties in their attempts to  effectively  respond  to
    14  these  individuals.  Therefore,  the  purpose  of this legislation is to
    15  create a corporation incident reporting system to track and  maintain  a
    16  record of all incidents that occur within corporation facilities.
    17    The statistics gathered as a result of this legislation will allow the
    18  corporation  to  better  assess  the training needs of security officers
    19  serving each of the corporation's facilities, particularly the need  for
    20  training  in how to effectively respond to alcohol and substance abusers
    21  as well as to individuals who are psychiatrically impaired.
    22    § 2. Section 1 of chapter 1016 of the laws of 1969,  constituting  the
    23  New York city health and hospitals corporation act, is amended by adding

    24  a new section 6-a to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06933-01-3

        S. 3127                             2
 
     1    §  6-a.  Relationship  with  the  New  York state division of criminal
     2  justice services. 1. A uniform  corporation  incident  reporting  system
     3  shall  be  established  within each facility of the New York city health
     4  and hospitals corporation. The  New  York  state  division  of  criminal
     5  justice  services  shall  offer  technical  advice and assistance on the
     6  creation and implementation of such system as needed  and  requested  by
     7  the corporation.

     8    2.  For  the  purposes of this section, the following terms shall have
     9  the following meanings, subject to such limitation as the  corporation's
    10  board may adopt:
    11    (a)  "Corporation"  shall  mean the New York city health and hospitals
    12  corporation.
    13    (b) "Division" shall mean the division of criminal  justice  services,
    14  or  any  not-for-profit organization satisfying a contractual obligation
    15  with the division.
    16    (c) "Incident" shall mean the occurrence within a corporation facility
    17  of a verbal or physical disturbance,  involving  an  offender  or  other
    18  person  which  is  disruptive  and  inhibits  or  prevents any employee,
    19  patient, visitor or other person thereof from conducting his/her  duties

    20  or business, or results in an arrest.
    21    (d)  "High  risk incident" shall mean an incident in which the officer
    22  is confronted with aberrant behavior by  an  offender  or  other  person
    23  which  poses  an immediate danger to the officer, the offender or person
    24  causing the incident, patient, visitor or others.
    25    (e) "Low risk incident" shall mean an incident in which the officer is
    26  confronted with aberrant behavior by an offender or other  person  which
    27  is disruptive, but does not pose an immediate danger to the officer, the
    28  offender or person causing the incident, patient, visitor or others.
    29    (f) "Offender" shall mean the person responsible, in whole or in part,
    30  for  the    occurrence  of  an  incident. The incident may or may not be

    31  deemed a criminal incident. An offender may, or may not be an individual
    32  with a psychiatric disability, an individual exhibiting signs of alcohol
    33  or substance abuse, or an individual affected  by  a  transitory  mental
    34  disability.
    35    (g) "Corporation facility" shall mean the whole of a hospital building
    36  and  any  fixtures, appurtenances or improvements thereon and any right,
    37  title or interest in whole or in part to any lot or tract of land  oper-
    38  ated and utilized by the corporation, and owned by the city of New York.
    39    3.  (a)  Not  later  than  ninety days following the date this section
    40  shall have become a law, the corporation in consultation with the  divi-
    41  sion  shall  implement  and  maintain  a  uniform system of tracking and

    42  recording all incidents that occur within corporation  facilities.  Such
    43  system  shall  be  known  and  referred  to  as the corporation incident
    44  reporting system. Each officer shall be  responsible  for  completing  a
    45  report to be submitted to his or her supervisor within twenty-four hours
    46  of  the conclusion of the officer's tour of duty detailing any incidents
    47  which occurred during said officer's tour of duty.
    48    (b) The report shall include but not be limited  to:  the  nature  and
    49  description  of  the  incident  including its designation as either high
    50  risk or low risk; whether the incident was determined by on-site  health
    51  personnel to be medically or psychologically related to substance abuse;

    52  the  name  or identification number of the officer involved; the name or
    53  identification number of the offender; the location of the incident; the
    54  total number of persons involved in the  incident,  including  a  desig-
    55  nation  of  whether they were hospital personnel, patients, visitors, or
    56  others; a description of  any  injuries  sustained  or  property  damage

        S. 3127                             3
 
     1  resulting  from  the  incident;  and  the  disposition  of the incident,
     2  including an explanation of how it was handled and resolved, whether  by
     3  arrest  or  otherwise.  Where  an  arrest  was made, the offense charged
     4  should be so noted in the officer's report.

     5    (c)  The  corporation  shall transmit, on a quarterly basis during the
     6  first five years following the date this section  shall  have  become  a
     7  law,  and on an annual basis thereafter, a report including all informa-
     8  tion gathered pursuant to paragraphs (a) and (b) of this subdivision, to
     9  the New York state division of criminal  justice  services.  The  corpo-
    10  ration  shall,  however, be charged with maintaining confidentiality and
    11  as such, all statistical information included in the  quarterly  reports
    12  shall  not identify an offender or any other person involved in an inci-
    13  dent by name or other factor which would  reveal  the  identity  of  the
    14  individual.
    15    § 3. This act shall take effect immediately.
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