NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7014
SPONSOR: Abinanti TITLE OF BILL: An act to repeal part A of chapter 501 of the laws of
2012, amending the executive law, the criminal procedure law, the
correction law and the public health law, relating to establishing the
justice center for the protection of people with special needs
PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the New York Justice Center for the Protection of People
with Special Needs.
SUMMARY OF PROVISIONS:
Section 1 of the bill repeals Part A of chapter 501 of the laws of 2012,
amending the executive law, the criminal procedure law, the correction
law and the public health law, relating to establishing the justice
center for the protection of people with special needs.
Section 2 is the effective date.
JUSTIFICATION:
In the wake of a New York Times series about abuses in New York's system
of care for those with disabilities in 2013, Governor Cuomo created the
Justice Center for the Protection of People with Special Needs (Justice
Center) to investigate and prosecute abuse and neglect of people with
disabilities.
More than four years later it has become clear that the Justice Center
is ineffective and has failed to protect and improve care for people
with disabilities.
There have been multiple news reports of the Justice Center's failure to
exercise its oversight authority over serious abuse and neglect of
people with disabilities, including the failure to bring criminal charg-
es where warranted. For example, recent news reports highlight that the
Justice Center failed to act for over two years, despite clear video
evidence of two brutal beatings at a hospital in New York City. In 2015,
the Associated Press examined misconduct complaints against New York
caretakers and found that only a small percentage of caretakers in
substantiated complaints were prosecuted.
Additionally, as reported by Disability Rights New York, (DRNY) an inde-
pendent not-for-profit organization designated by State law to monitor
the Justice Center, since its inception, the Justice Center has refused
to cooperate with DRNY's oversight authority by withholding and redact-
ing investigatory reports. DRNY sued the Justice Center in federal court
because of its refusal to share unredacted investigation reports. In
March 2016, United State District Court Judge Sharpe agreed that DRNY
was entitled to the records. Notwithstanding this decision, the Justice
Center still refuses to produce the records and is pursuing an appeal,
further delaying DRNY's oversight.
Finally, the recently published audit of the Justice Center by the New
York Comptroller's Office continues to raise serious questions about the
Justice Center's accountability. The report faulted the center's records
and noted the Comptroller was given only limited access to records of
abuse and neglect preventing the Comptroller from fully auditing the
Justice Center.
Additionally, it is clear that the Justice Center, like its failed pred-
ecessor agency, lacks the independence needed to effectively remedy
abuse and neglect in state licensed and operated facilities charged with
taking care of people with disabilities.
The State can no longer allow for the abuse and neglect of people with
disabilities to continue. The legislature needs to take immediate action
to make sure New York is protecting its most vulnerable citizens. The
Justice Center must be abolished and replaced by a new system of over-
sight that will fulfill the promise made to these individuals and their
families.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined for the State; none to local governments
EFFECTIVE DATE:
This act shall take effect immediately.
