Bill Text: NY A00916 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-07 - print number 916a [A00916 Detail]
Download: New_York-2021-A00916-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 916--A 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. JEAN-PIERRE, LAVINE, WALLACE -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to pretrial mental health and substance abuse evaluations and treatment for certain defendants; and to amend the state finance law, in relation to establishing the pretrial mental health and substance abuse services bail fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 550.10 of the criminal procedure law is amended by 2 adding a new subdivision 4 to read as follows: 3 4. On application of: (a) the prosecution; (b) defense counsel; (c) a 4 family member of the principal; (d) any person eighteen years of age or 5 older with whom the principal resides; (e) the director of a hospital in 6 which the principal is hospitalized; (f) the director of any public or 7 charitable organization, agency or home providing mental health services 8 to the principal or in whose institution the principal resides; (g) a 9 qualified psychiatrist who is either supervising the treatment of or 10 treating the principal for a mental illness; (h) a psychologist, 11 licensed pursuant to article one hundred fifty-three of the education 12 law, or a social worker, licensed pursuant to article one hundred 13 fifty-four of the education law, who is treating the principal for a 14 mental illness; (i) the director of community services, or his or her 15 designee, or the social services official, as defined in the social 16 services law, of the city or county in which the principal is present or 17 reasonably believed to be present; or (j) a parole officer or probation 18 officer assigned to supervise the principal; a principal charged with a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01953-03-1A. 916--A 2 1 crime not subject to bail shall be referred to the county in which the 2 crime was committed for a mental health and/or substance abuse evalu- 3 ation and if, after such evaluation, it is determined that the principal 4 requires treatment for such mental health diagnosis or substance abuse, 5 the court may order that compliance with such treatment shall be a 6 condition of release pending trial. Police shall make reasonable efforts 7 to contact the individuals referenced in paragraphs (c), (d), (e), (f), 8 (g), (h), (i) and (j) of this subdivision in situations when police have 9 reason to believe that a principal is suffering from mental health or 10 substance abuse issues as covered by this subdivision. 11 § 2. The criminal procedure law is amended by adding a new section 12 520.50 to read as follows: 13 § 520.50 Bail surcharge; mental health and substance abuse. 14 Every cash bail or bail bond authorized pursuant to subdivision one of 15 section 520.10 of this article and imposed by the court pursuant to this 16 part shall be subject to a surcharge in the amount of one percent. All 17 monies collected from such surcharge shall be deposited in the pretrial 18 mental health and substance abuse services bail fund established pursu- 19 ant to section ninety-nine-oo of the state finance law to be used to 20 reimburse counties for pretrial mental health and substance abuse evalu- 21 ations and services required by subdivision four of section 550.10 of 22 this part. 23 § 3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section 24 150.20 of the criminal procedure law, as added by section 1-a of part 25 JJJ of chapter 59 of the laws of 2019, is amended and a new subparagraph 26 (ix) is added to read as follows: 27 (viii) it reasonably appears to the officer, based on the observed 28 behavior of the individual in the present contact with the officer and 29 facts regarding the person's condition that indicates a sign of distress 30 to such a degree that the person would face harm without immediate 31 medical or mental health care, that bringing the person before the court 32 would be in such person's interest in addressing that need; provided, 33 however, that before making the arrest, the officer shall make all 34 reasonable efforts to assist the person in securing appropriate 35 services[.] and shall also make all reasonable efforts to contact the 36 individuals referenced in subparagraph (ix) of this paragraph to inform 37 such individuals of the situation; 38 (ix) it has been reported to the officer by: 39 (A) any person eighteen years of age or older with whom the person 40 resides; or 41 (B) the parent, spouse, sibling eighteen years of age or older, or 42 child eighteen years of age or older of the person; or 43 (C) the director of a hospital in which the person is hospitalized; or 44 (D) the director of any public or charitable organization, agency or 45 home providing mental health services to the person or in whose institu- 46 tion the person resides; or 47 (E) a qualified psychiatrist who is either supervising the treatment 48 of or treating the person for a mental illness; or 49 (F) a psychologist, licensed pursuant to article one hundred fifty- 50 three of the education law, or a social worker, licensed pursuant to 51 article one hundred fifty-four of the education law, who is treating the 52 person for a mental illness; or 53 (G) the director of community services, or his or her designee, or the 54 social services official, as defined in the social services law, of the 55 city or county in which the person is present or reasonably believed to 56 be present; orA. 916--A 3 1 (H) a parole officer or probation officer assigned to supervise the 2 person. 3 § 4. The state finance law is amended by adding a new section 99-oo to 4 read as follows: 5 § 99-oo. Pretrial mental health and substance abuse services bail 6 fund. 1. There is hereby established in the joint custody of the commis- 7 sioner of taxation and finance and the state comptroller a special fund 8 to be known as the "pretrial mental health and substance abuse services 9 bail fund". 10 2. Such fund shall consist of all revenues received by the department 11 of taxation and finance pursuant to the provisions of section 520.50 of 12 the criminal procedure law, and all other moneys appropriated, credited, 13 or transferred thereto from any other fund or source pursuant to law. 14 Nothing contained herein shall prevent the state from receiving grants, 15 gifts, or bequests for the fund and depositing them into the fund 16 according to law. 17 3. Monies of the fund shall be expended only for reimbursement to 18 counties for expenses incurred by such counties for pretrial mental 19 health and/or substance abuse evaluations and treatment required pursu- 20 ant to subdivision four of section 550.10 of the criminal procedure law. 21 4. Monies shall be payable from the fund on the audit and warrant of 22 the comptroller on vouchers approved and certified by the commissioner 23 of taxation and finance. 24 § 5. This act shall take effect on the sixtieth day after it shall 25 have become a law.
