NY Corr L § 622 (2021)
2021 New York Laws COR - Correction Article 22 - Miscellaneous Provisions 622 - Sex Offender Treatment Program.

§  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.