STATE OF NEW YORK
________________________________________________________________________
1076
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sens. CARLUCCI, AVELLA, DILAN, VALESKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Mental Health and Developmental Disabilities
AN ACT to amend the executive law, in relation to ensuring the rights of
an individual with a disability or a vulnerable adult during investi-
gations conducted by the justice center
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 28 of
2 section 553 of the executive law, as added by chapter 394 of the laws of
3 2014, is amended to read as follows:
4 (i) For those vulnerable persons subject to an interview, the justice
5 center shall develop appropriate procedures and protocols to ensure that
6 any interview is conducted safely and in a timely fashion in light of
7 relevant clinical, behavioral and other facts relating to the individ-
8 ual's disability, safety and wellbeing. Such protocols and procedures
9 shall also recognize the right of a vulnerable person to be represented
10 by the mental hygiene legal service, or privately financed counsel, at
11 all stages of the proceedings, and any ability the vulnerable person may
12 have to advocate on his or her own behalf by providing information to
13 facilitate an investigation to enhance his or her own safety and wellbe-
14 ing and the safety and wellbeing of others.
15 § 2. Subparagraph (iii) of paragraph (b) of subdivision 28 of section
16 553 of the executive law, as added by chapter 394 of the laws of 2014,
17 is amended to read as follows:
18 (iii) Appropriate notification[, when at all advisable given the
19 nature of an investigation] shall be given to a personal representative
20 that a vulnerable person shall be questioned or subject to an interview
21 and to enable such personal representative to provide any information
22 which they believe is necessary to protect the individual;
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01800-01-7
