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NY S07749

Bill

Status

Passed

12/17/2012

Primary Sponsor

Roy McDonald

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

Summary of S.7749 - Protection of People with Special Needs Act

  • Creates the Justice Center for the Protection of People with Special Needs within the Executive Department, headed by an Executive Director appointed by the Governor with Senate consent, to establish uniform safeguards and investigate abuse and neglect across six state agencies serving over 270,000 vulnerable persons in residential facilities.

  • Establishes a statewide Vulnerable Persons' Central Register to receive 24/7 reports of allegations of abuse, neglect, and significant incidents involving vulnerable persons; the Justice Center conducts investigations and makes substantiated findings that trigger specific consequences based on four categories of severity.

  • Creates a Special Prosecutor position with concurrent authority with district attorneys to investigate and prosecute abuse and neglect crimes against vulnerable persons, while preserving district attorneys' independent prosecutorial authority.

  • Implements a register of substantiated Category One cases of abuse or neglect that permanently bars individuals from employment in positions involving regular contact with vulnerable persons; Category Two findings subject custodians to progressive discipline with mandatory retraining.

  • Establishes a Justice Center Medical Review Board to investigate unusual or suspicious deaths of patients and residents in mental hygiene and children's facilities, with authority to order autopsies and make recommendations to prevent future incidents.

  • Effective date is June 30, 2013 for all Parts A-H, with immediate authorization for preparatory rulemaking.

Legislative Description

Enacts the "protection of people with special needs act"; enacts various provisions for the protection of persons in state operated and licensed facilities from abuse, neglect and mistreatment; establishes the justice center for the protection of people with special needs.

Last Action

SIGNED CHAP.501

12/17/2012

Committee Referrals

Codes6/20/2012
Rules6/17/2012

Full Bill Text

No bill text available