N.Y.
Correction Law Section 622
Sex offender treatment program
1.
The department shall make available a sex offender treatment program for those incarcerated individuals who are serving sentences for felony sex offenses, or for other offenses defined in subdivision (p) of section 10.03 of the mental hygiene law, and are identified as having a need for such program in accordance with sections eight hundred three and eight hundred five of this chapter. In developing the treatment program, the department shall give due regard to standards, guidelines, best practices, and qualifications recommended by the office of sex offender management. The department shall make such treatment programs available sufficiently in advance of the time of the incarcerated individual’s consideration by the case review team, pursuant to section 10.05 of the mental hygiene law, so as to allow the incarcerated individual to complete the treatment program prior to that time.2.
The primary purpose of the program shall be to reduce the likelihood of reoffending by assisting such offenders to control their chain of behaviors that lead to sexual offending. The length of participation for each incarcerated individual to achieve successful completion shall be dependent upon the initial assessment of the incarcerated individual’s specific needs and the degree of progress made by the incarcerated individual as a participant but shall not be less than six months.3.
The department’s sex offender treatment program shall include residential programs, which shall require that at each correctional facility where the residential program is provided, incarcerated individual participants shall be housed within the same housing area in order to provide clinically appropriate treatment, and to provide a more structured and controlled setting.4.
Each residential program shall be staffed with a licensed psychologist who shall provide clinical supervision to the treatment staff, review, approve and modify treatment plans as appropriate for individual incarcerated individuals, provide clinical assessments for participating incarcerated individuals, observe and participate in group sessions and make treatment recommendations. Each residential program shall also be staffed with a licensed clinical social worker or other mental health professional who shall be knowledgeable about the administration of testing instruments that are designed to measure the degree of a sex offender’s psychopathy and his or her program needs. The assigned licensed psychologist shall also be knowledgeable about the application of such testing instruments.5.
Any incarcerated individual committed to the custody of the department on or after the effective date of this section for a felony sex offense, or for any of the other offenses listed in subdivision (p) of section 10.03 of the mental hygiene law, shall, as soon as practicable, be initially assessed by staff of the office of mental health who shall be knowledgeable regarding the diagnosis, treatment, assessment or evaluation of sex offenders. The assessment shall include, but not be limited to, the determination of the degree to which the incarcerated individual presents a risk of violent sexual recidivism and his or her need for sex offender treatment while in prison.6.
Staff of the office of mental health and the office for people with developmental disabilities may be consulted about the incarcerated individual’s treatment needs and may assist in providing any additional treatment services determined to be clinically appropriate to address the incarcerated individual’s underlying mental abnormality or disorder. Such treatment services shall be provided using professionally accepted treatment protocols.
Source:
Section 622 — Sex offender treatment program, https://www.nysenate.gov/legislation/laws/COR/622 (updated Aug. 13, 2021; accessed Apr. 27, 2024).
