§ 622 — Sex offender treatment program

§ 622. Sex offender treatment program. 1. The department shall make\navailable a sex offender treatment program for those incarcerated\nindividuals who are serving sentences for felony sex offenses, or for\nother offenses defined in subdivision (p) of section 10.03 of the mental\nhygiene law, and are identified as having a need for such program in\naccordance with sections eight hundred three and eight hundred five of\nthis chapter. In developing the treatment program, the department shall\ngive due regard to standards, guidelines, best practices, and\nqualifications recommended by the office of sex offender management. The\ndepartment shall make such treatment programs available sufficiently in\nadvance of the time of the incarcerated individual's consideration by\nthe case review team, pursuant to section 10.05 of the mental hygiene\nlaw, so as to allow the incarcerated individual to complete the\ntreatment program prior to that time.\n 2. The primary purpose of the program shall be to reduce the\nlikelihood of reoffending by assisting such offenders to control their\nchain of behaviors that lead to sexual offending. The length of\nparticipation for each incarcerated individual to achieve successful\ncompletion shall be dependent upon the initial assessment of the\nincarcerated individual's specific needs and the degree of progress made\nby the incarcerated individual as a participant but shall not be less\nthan six months.\n 3. The department's sex offender treatment program shall include\nresidential programs, which shall require that at each correctional\nfacility where the residential program is provided, incarcerated\nindividual participants shall be housed within the same housing area in\norder to provide clinically appropriate treatment, and to provide a more\nstructured and controlled setting.\n 4. Each residential program shall be staffed with a licensed\npsychologist who shall provide clinical supervision to the treatment\nstaff, review, approve and modify treatment plans as appropriate for\nindividual incarcerated individuals, provide clinical assessments for\nparticipating incarcerated individuals, observe and participate in group\nsessions and make treatment recommendations. Each residential program\nshall also be staffed with a licensed clinical social worker or other\nmental health professional who shall be knowledgeable about the\nadministration of testing instruments that are designed to measure the\ndegree of a sex offender's psychopathy and his or her program needs. The\nassigned licensed psychologist shall also be knowledgeable about the\napplication of such testing instruments.\n 5. Any incarcerated individual committed to the custody of the\ndepartment on or after the effective date of this section for a felony\nsex offense, or for any of the other offenses listed in subdivision (p)\nof section 10.03 of the mental hygiene law, shall, as soon as\npracticable, be initially assessed by staff of the office of mental\nhealth who shall be knowledgeable regarding the diagnosis, treatment,\nassessment or evaluation of sex offenders. The assessment shall include,\nbut not be limited to, the determination of the degree to which the\nincarcerated individual presents a risk of violent sexual recidivism and\nhis or her need for sex offender treatment while in prison.\n 6. Staff of the office of mental health and the office for people with\ndevelopmental disabilities may be consulted about the incarcerated\nindividual's treatment needs and may assist in providing any additional\ntreatment services determined to be clinically appropriate to address\nthe incarcerated individual's underlying mental abnormality or disorder.\nSuch treatment services shall be provided using professionally accepted\ntreatment protocols.\n