STATE OF NEW YORK
        ________________________________________________________________________

                                          2210

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to establishing  the
          statewide  emergency  and  crisis response council to plan and provide
          support regarding the operation and financing of high-quality emergen-
          cy and crisis response services  for  persons  experiencing  a  mental
          health, alcohol use, or substance use crisis

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Daniel's law".
     3    § 2. Legislative findings and intent. It is the purpose of this act to
     4  promote the public health, safety and welfare of all citizens by broadly
     5  ensuring a public health-based response to anyone in New York experienc-
     6  ing  a  mental health, alcohol use or substance use crisis; to offer and
     7  ensure the most appropriate response to, and treatment  of,  individuals
     8  experiencing  crisis  due  to  mental  health conditions, alcohol use or
     9  substance use conditions; and to deescalate crisis situations so that as
    10  few New Yorkers as possible experience nonconsensual transport,  use  of
    11  force,  or  criminal  consequences as a result of mental health, alcohol
    12  use or substance abuse crises.
    13    § 3. Section 41.01 of the mental hygiene law, as amended by chapter 37
    14  of the laws of 2011, is amended to read as follows:
    15  § 41.01 Declaration of purpose.
    16    (a) This article is designed to enable and encourage local governments
    17  to develop in the community preventive, rehabilitative, crisis response,
    18  and treatment services offering continuity of care; to  improve  and  to
    19  expand  existing community programs for persons with mental illness, and
    20  developmental disabilities, and those [suffering from  the  diseases  of
    21  alcoholism]   with  alcohol  use  disorder  and  substance  [abuse]  use
    22  disorder; to plan for the integration of community  and  state  services

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04260-01-3

        A. 2210                             2

     1  and  facilities  for  individuals  with mental disabilities, alcohol use
     2  disorders, and substance use disorders;  and  to  cooperate  with  other
     3  local  governments and with the state in the provision of joint services
     4  and sharing of [manpower] personnel resources.
     5    (b)  Effective implementation of this article requires the [direction]
     6  establishment and administration, by each local governmental unit, of  a
     7  local  comprehensive  planning  process for its geographic area in which
     8  all providers  of  services  shall  participate  and  cooperate  in  the
     9  provision of all necessary information. [It] This article also initiates
    10  a  planning  effort  involving  the  state,  local governments and other
    11  providers of service for the purpose of  promoting  continuity  of  care
    12  through  the development of integrated systems of care and treatment for
    13  individuals with mental illness,  developmental  disabilities,  and  for
    14  those  [suffering  from  the  diseases  of  alcoholism] with alcohol use
    15  disorder and substance [abuse] use disorder.
    16    (c) Such planning effort must also specifically address  the  develop-
    17  ment  of  an  effective  crisis response system that includes the use of
    18  non-police, community-run crisis first responder teams  utilizing  peers
    19  and  independent  emergency  medical technicians as first responders. To
    20  ensure the development of a comprehensive and inclusive plan, the crisis
    21  services planning effort must include at least fifty-one  percent  peers
    22  and  family  peers,  and the remaining forty-nine percent must be family
    23  members and emergency medical response providers who shall be  independ-
    24  ent  of  any local government's emergency services department, and oper-
    25  ated by a non-governmental organization via a contract  with  the  local
    26  government  providers  of  crisis  services,  9-8-8 personnel, and other
    27  non-governmental community agencies which may come  in  contact  with  a
    28  person  experiencing  a  mental  health  or alcohol use or substance use
    29  crisis.
    30    § 4. Section 41.03 of the mental hygiene law is amended by adding  six
    31  new subdivisions 14, 15, 16, 17, 18 and 19 to read as follows:
    32    14.  "emergency  and  crisis services plan" means a plan which is part
    33  of, and submitted with, the local services  plan,  but  is  planned  and
    34  developed  specifically to ensure that all services, policies, training,
    35  procedures, expenditures and contracts for services and  processes  used
    36  to  assist people experiencing mental health or alcohol use or substance
    37  use crises are peer-focused, designed to decrease  contact  with  police
    38  and centered on increased access to care of the highest quality.
    39    15.  "eligible  emergency and crisis response services" means services
    40  eligible for funding under section 41.18 of this article, including  but
    41  not limited to, crisis response teams, crisis stabilization services and
    42  centers,  peer  living  rooms, peer support centers, mobile crisis teams
    43  not utilizing law enforcement as part of  the  team,  crisis  collabora-
    44  tives, peer crisis services, and crisis system oversight and management,
    45  which are included in an emergency and crisis services plan.
    46    16.  "crisis  response team" means one extensively-trained peer acting
    47  as a crisis worker and one emergency medical technician  independent  of
    48  any  local government's emergency services department, and operated by a
    49  non-governmental agency via a contract with the local government.
    50    17. "peer" means an individual with  lived  mental  health  experience
    51  and/or alcohol use or substance use disorder experience, who has experi-
    52  ence navigating systems such as the healthcare, mental health, judicial,
    53  criminal legal, housing, education, and employment systems.
    54    18.  "family  peer"  means  an individual with lived experience as the
    55  biological, foster, or adoptive parent, or  the  primary  caregiver,  of
    56  children/youth  with  social,  emotional,  behavioral,  mental health or

        A. 2210                             3

     1  alcohol use or substance use disorders, who have  experience  navigating
     2  systems such as the healthcare, mental health, judicial, criminal legal,
     3  housing, education, and employment systems.
     4    19.  "statewide emergency and crisis response council" means the coun-
     5  cil created pursuant to section 5.08 of this chapter.
     6    § 5. Section 41.07 of the mental hygiene law is amended  by  adding  a
     7  new subdivision (d) to read as follows:
     8    (d)  In  developing  the emergency and crisis services plan defined by
     9  subdivision fourteen of section 41.03 of this article  and  mandated  by
    10  paragraph seventeen of subdivision (a) of section 41.13 of this article,
    11  local  governments  are encouraged to develop joint plans for a regional
    12  or sub-regional service area to maximize the  use  and  availability  of
    13  crisis  and  emergency  services  for  all persons experiencing a mental
    14  health or alcohol use or substance use crisis in that region or  sub-re-
    15  gion.
    16    §  6.  Subdivision  (a)  of section 41.13 of the mental hygiene law is
    17  amended by adding a new paragraph 17 to read as follows:
    18    17. submit an emergency and crisis services plan, either alone or with
    19  other local governments in a region or sub-region, as required by subdi-
    20  vision fourteen of section 41.03 of this article to comprehensively plan
    21  for emergency and crisis services as is required by this chapter.
    22    (i) The emergency and crisis services planning process  shall  include
    23  peers, family peers, family members, emergency medical  response provid-
    24  ers, 9-8-8 personnel and personnel of other community agencies which may
    25  come in  contact with  a  person  experiencing  a mental health or alco-
    26  hol use or substance use crisis. Peers and family peers shall constitute
    27  at least fifty-one percent of the planning  group.
    28    (ii)  The emergency and crisis services plan shall be  consistent with
    29  the commissioner's regulations for   crisis  services  plans,  developed
    30  pursuant  to  subdivision  (f)  of  section  5.05  of this chapter after
    31  consultation with the  statewide emergency and crisis response council.
    32    § 7. Subdivision (b) of section 41.18 of the  mental  hygiene  law  is
    33  amended by adding a new paragraph (vi) to read as follows:
    34    (vi)  Notwithstanding  any  other provision of this subdivision, local
    35  governments, individually or jointly, shall be granted state aid of  one
    36  hundred  percent  of  the  net  operating  costs  expended by such local
    37  governments, and by voluntary agencies which have contracted  with  such
    38  local governments, for eligible emergency and crisis services as defined
    39  by  subdivision  fifteen  of  section  41.03  of this article   that are
    40  included in an approved emergency  and  crisis  services  plan.  Funding
    41  provided  pursuant  to  this  paragraph  shall  be  authorized  only for
    42  services that have a non-police, non-law  enforcement,  or  non-criminal
    43  legal component and include peers.
    44    §  8. Section 5.05 of the mental hygiene law is amended by adding four
    45  new subdivisions (f), (g), (h) and (i) to read as follows:
    46    (f)  The  commissioner  of  mental  health  and  the  commissioner  of
    47  addiction  services and supports shall be jointly responsible for devel-
    48  oping and revising as necessary, in regulation, specific  standards  and
    49  procedures  for  the  operation  and  financing  of crisis and emergency
    50  services, after consultation with the  statewide  emergency  and  crisis
    51  response  council.  Such standards and procedures shall require that the
    52  emergency and crisis services plans include a comprehensive approach  to
    53  oversee  and  measure  the  approved  plan's effectiveness in delivering
    54  high-quality, peer-focused  crisis  services,  including  response  time
    55  standards,  and periodic reporting requirements. The commissioners shall
    56  require specific metrics that approved plans shall utilize  to  evaluate

        A. 2210                             4

     1  system  progress,  effectiveness,  and  appropriate  response  times  to
     2  crises, which shall be the same as or less than current  response  times
     3  for other health crises.
     4    (g)  The  commissioner  of  mental  health  and  the  commissioner  of
     5  addiction services and supports shall be jointly responsible  to  ensure
     6  that:
     7    (1)  a  non-police,  community-run  public  health-based response that
     8  utilizes trained  peer  and  independent  emergency  medical  technician
     9  crisis  response   teams   for   anyone   experiencing a  mental health,
    10  alcohol use or substance use crisis is established.  Any crisis response
    11  team may request that a  peace officer  as  defined  by  section 2.10 of
    12  the criminal procedure law, or police officer as defined by section 1.20
    13  of the criminal procedure law, transport a person in  distress  due   to
    14  mental  health  conditions or alcohol use or substance  use,  when  such
    15  team  has exhausted alternative methods for obtaining consent from  such
    16  person,  such   person refuses  treatment  or transport  from the crisis
    17  response team; and:
    18    (i) such person poses a substantial risk of  physical  harm  to  other
    19  persons  as   manifested   by   homicidal  or other  violent behavior by
    20  which others are placed in reasonable fear of imminent serious  physical
    21  harm; or
    22    (ii)   such   crisis  response  team  makes  an assessment,  in  light
    23  of  the  totality of the circumstances, that the crisis response team is
    24  at risk of imminent physical violence due to the person's actions;
    25    (2) the crisis response teams operate twenty-four hours a  day,  three
    26  hundred sixty-five days a year;
    27    (3) the crisis response teams receive culturally competent, trauma-in-
    28  formed, experientially-based, and peer-led training;
    29    (4) the average response  time  for  the  crisis response teams is the
    30  same as or less than the current response time for other health crises;
    31    (5)  the  crisis  response teams de-escalate any  situation  involving
    32  individuals experiencing crisis  due  to   mental   health   conditions,
    33  alcohol  use, or substance use and avoid the use of nonconsensual treat-
    34  ment, transport, or force wherever possible;
    35    (6) the most appropriate treatment is provided to individuals  experi-
    36  encing a mental health, alcohol use or substance use crisis;
    37    (7)  voluntary  assessment  and referral of individuals experiencing a
    38  mental health, alcohol use or substance use crisis are maximized;
    39    (8) arrest, detention, and contact with the criminal legal  system  of
    40  individuals  experiencing  a mental health, alcohol use or substance use
    41  crisis are minimized;
    42    (9) the number of individuals who   experience   physical harm  and/or
    43  trauma  as  a  result  of  a mental health, alcohol use or substance use
    44  crisis are minimized;
    45    (10) 9-8-8 personnel respond  to  individuals  experiencing  a  mental
    46  health,  alcohol  use or substance use crisis and are optimally utilized
    47  and integrated in the emergency and crisis services plan;
    48    (11) a detailed plan to manage, oversee, monitor and regularly  report
    49  on the operation of the proposed crisis response system which meets  the
    50  requirements for these activities as required by subdivision (i) of this
    51  section is established;
    52    (12)  whenever  an emergency hotline in New York state, such as 911 or
    53  311, receives a call  regarding  an  individual  experiencing  a  mental
    54  health,  alcohol  use  or  substance use crisis, such hotline will refer
    55  such call to the crisis response team for the relevant geographic  area;
    56  and

        A. 2210                             5

     1    (13)  the crisis response teams effectively respond to all individuals
     2  experiencing a mental health, alcohol use or substance use  crisis  with
     3  culturally  competent, trauma-informed care and without regard to source
     4  of funding.
     5    (h) (1) Within twelve months after the effective date of this subdivi-
     6  sion,  the  commissioner  of  mental  health  and  the  commissioner  of
     7  addiction services and supports shall select an independent organization
     8  to conduct an evaluation of the statewide impact of  the  emergency  and
     9  crisis response services mandated by this section on:
    10    (i)  the  number of calls to, and responses sent by, dispatch services
    11  including 311, 911, and 988 in response to  people  experiencing  mental
    12  health, alcohol use, or substance use crises;
    13    (ii) the types of crises responded to;
    14    (iii) the disposition and brief description of the result of each such
    15  call, anonymized to protect individuals' privacy;
    16    (iv)  demographic  information  including the race, ethnicity, gender,
    17  disability, and age of any individual who is the subject of any dispatch
    18  call or interaction by a local crisis response team;
    19    (v) the details and destination of transport of any person  experienc-
    20  ing a mental health, alcohol use or substance use crisis;
    21    (vi) the services provided to such individuals;
    22    (vii) the impact of emergency and crisis response services mandated by
    23  this  section  on  emergency  room  visits,  use of ambulatory services,
    24  hospitals as defined in article twenty-eight of the  public  health  law
    25  and/or mental health facilities as defined in section 1.03 of the mental
    26  hygiene law; and
    27    (viii)  the  involvement  of law enforcement in mental health, alcohol
    28  use or substance use crises, including any use  of  force  or  restraint
    29  tactics or devices.
    30    (2)  The  commissioner  of  mental  health  and  the  commissioner  of
    31  addiction services and supports shall direct the  organization  selected
    32  under  paragraph  one of this subdivision to issue its evaluation within
    33  six months of the first operating date of any approved regional emergen-
    34  cy and crisis services plan, and shall include data  from  any  regional
    35  plan then approved and operating in the state.  Such evaluation shall be
    36  made  publicly  available  and  posted  on the department's website upon
    37  receipt by such commissioners.  In addition to  the  reporting  require-
    38  ments  established  pursuant  to  paragraph one of this subdivision, the
    39  commissioner of mental health and the commissioner of addiction services
    40  and supports shall collect all data listed under paragraph one  of  this
    41  subdivision,  and  shall  report such data in a form  and manner that is
    42  accessible to the public via the department's website.   The first  data
    43  report  required  by  this  paragraph,  after the effective date of this
    44  subdivision, shall be made public within ninety days of the approval  of
    45  any  regional  emergency  and  crisis  response  plan, and shall be made
    46  public in an ongoing manner every ninety  days  thereafter  and  include
    47  data  from  every  active  regional  emergency  and crisis response plan
    48  approved by the commissioners of mental health and the  commissioner  of
    49  addiction services and supports.
    50    (3) No later than twelve months after the approval by the commissioner
    51  of mental health and the commissioner of addiction services and supports
    52  of  any regional emergency and crisis response plan, the commissioner of
    53  mental health and the commissioner of addiction  services  and  supports
    54  shall prepare a comprehensive report to the governor and the legislature
    55  specifying:

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     1    (i)  the  results of the evaluation carried out under paragraph one of
     2  this subdivision;
     3    (ii) the number of individuals who received qualifying community-based
     4  crisis response services;
     5    (iii)  demographic  information regarding such individuals when avail-
     6  able, including the race, ethnicity, age, disability, sex, sexual orien-
     7  tation, gender identity, and geographic location of such individuals;
     8    (iv) the processes and models developed by local governments in  their
     9  emergency  and  crisis  services plans to provide community-based crisis
    10  response services, including the processes developed to  provide  refer-
    11  rals for, or coordination with, follow-up care and services;
    12    (v) the diversion of individuals from jails, incarceration, or similar
    13  settings;
    14    (vi)  the diversion of individuals from psychiatric hospitals, commit-
    15  ments under chapter four hundred eight of the laws of  nineteen  hundred
    16  ninety-nine, constituting Kendra's law, and other involuntary services;
    17    (vii)  the  experiences  of  individuals  who  receive community-based
    18  crisis response services;
    19    (viii)  the  successful  connection  of  individuals  with   follow-up
    20  services;
    21    (ix)  the  utilization  of  services  by  underserved and historically
    22  excluded communities, including  black, indigenous and people  of  color
    23  (BIPOC) populations;
    24    (x) the cost or cost savings attributable to such emergency and crisis
    25  response services;
    26    (xi)  other relevant outcomes identified by the commissioner of mental
    27  health and the commissioner of addiction services and supports  and  the
    28  statewide advisory emergency and crisis response council;
    29    (xii)  how all on-going aspects of assessment compare with the histor-
    30  ical measures of such assessments; and
    31    (xiii) recommendations for improvements to the  emergency  and  crisis
    32  services systems throughout the state.
    33    (4)  All  reports  and  evaluations  conducted  by the commissioner of
    34  mental health and the commissioner of addiction  services  and  supports
    35  shall  be  made  publicly  available,  including  on  the website of the
    36  department.
    37    (i) The commissioners of mental  health  and  addiction  services  and
    38  supports  and the council created pursuant to section 5.08 of this arti-
    39  cle, shall be jointly responsible for  approval  of  the  emergency  and
    40  crisis services plan component of a local services plan submitted by one
    41  or  more  local governmental units.  Each plan shall have an attestation
    42  that such plan was developed as prescribed  in  paragraph  seventeen  of
    43  subdivision  (a)  of  section 41.13 of this chapter to be considered for
    44  approval.  Such approval shall serve as the basis for  funding  eligible
    45  emergency  and crisis services pursuant to paragraph (vi) of subdivision
    46  (b) of section 41.18 of this chapter.
    47    § 9. The mental hygiene law is amended by adding a new section 5.08 to
    48  read as follows:
    49  § 5.08 Statewide emergency and crisis response council.
    50    (a) There is hereby created in the department the statewide  emergency
    51  and crisis response council to work in conjunction with the commissioner
    52  of mental health and the commissioner of addiction services and supports
    53  to  jointly approve emergency and crisis services plans submitted by one
    54  or more local government units, and provide supports on matters  regard-
    55  ing  the  operation  and  financing of high-quality emergency and crisis

        A. 2210                             7

     1  services provided to persons experiencing a mental health,  alcohol  use
     2  or substance use crisis.
     3    (b) Four members of the state council shall be appointed by the gover-
     4  nor.  Sixteen  members  of  the  council shall be appointed by the state
     5  legislature, as follows: (1) four members  shall  be  appointed  by  the
     6  speaker  of  the  assembly;  (2)  four members shall be appointed by the
     7  temporary president of the senate; (3) one member shall be appointed  by
     8  the    minority    leader    of    the assembly; (4) one member shall be
     9  appointed by the minority leader of the senate; (5) two members shall be
    10  appointed by the chairperson of the assembly committee on mental health;
    11  (6) two  members  shall be appointed by the chairperson  of  the  senate
    12  committee  on  mental  health;  (7) one member shall be appointed by the
    13  ranking minority  member  of the assembly committee  on  mental  health;
    14  and  (8) one member shall be appointed by the ranking minority member of
    15  the senate committee on mental health. The membership shall  consist  of
    16  at  least fifty-one percent peers and family peers. The entire statewide
    17  emergency and crisis response council shall reflect the state's diversi-
    18  ty of race, age, language, national origin,  ethnicity,  geography,  and
    19  disability.  At  least  one-third of the council shall have demonstrated
    20  certification, training, or employment in culturally competent responses
    21  to mental health, alcohol use or  substance  use  crises.  Every  person
    22  appointed  to  the  council  shall  have  demonstrated knowledge of, and
    23  skills in, culturally  competent  provision  of  trauma-informed  mental
    24  health,  alcohol  use, and substance use crisis response services.  Each
    25  member of the council shall be a family peer; licensed mental health  or
    26  addiction  clinician; a licensed mental health or addiction counselor; a
    27  licensed physician, nurse, or mental health  or  addiction  provider;  a
    28  mental health or addiction counselor; a representative of a not-for-pro-
    29  fit disability justice organization; an emergency medical technician; or
    30  a  crisis health care worker.
    31    (c)  The members of the council, upon securing a quorum, shall elect a
    32  chairperson from among the members of the council by a majority vote  of
    33  those council members present.
    34    (d)  The term of office of members of the council shall be four years,
    35  except that of those members first appointed, at least one-half but  not
    36  more than two-thirds shall be for terms not to exceed two years.  Vacan-
    37  cies  shall  be  filled by appointment for the remainder of an unexpired
    38  term. The council members shall continue in office until the  expiration
    39  of  their  terms  and  until their successors are appointed.  No council
    40  member shall be appointed to the council for more than four  consecutive
    41  terms.
    42    (e) The council shall advise, oversee, assist and make recommendations
    43  to  the  commissioners on specific policies and procedures regarding the
    44  operation and financing of emergency and crisis services which:
    45    (1) ensure a  non-police,  trauma-informed,  and  public  health-based
    46  response  to  anyone  in the state experiencing a mental health, alcohol
    47  use, or substance use crisis;
    48    (2) are designed to de-escalate any  situation  involving  individuals
    49  experiencing  a mental health, alcohol use, or substance use crisis, and
    50  which eliminate the  use  of  non-consensual  treatment,  non-consensual
    51  transport, and force;
    52    (3)  ensure the most appropriate treatment of individuals experiencing
    53  a mental health, alcohol use or substance use crisis;
    54    (4) maximize the use of voluntary assessment and voluntary referral of
    55  individuals experiencing a mental health, alcohol use or  substance  use
    56  crisis;

        A. 2210                             8

     1    (5)  minimize  arrest  and  detention  by law enforcement and minimize
     2  contact with the criminal legal system for  individuals  experiencing  a
     3  mental health, alcohol use, or substance use crisis;
     4    (6) minimize physical harm and trauma for individuals who experience a
     5  mental health, alcohol use, or substance use crisis; and
     6    (7)  effectively  respond  to  all  individuals  experiencing a mental
     7  health, alcohol use, or substance use crisis with  culturally  competent
     8  care and without regard to source of funding.
     9    (f)  The  council  shall  also  review  emergency  and crisis services
    10  programs and systems operating within the  state  or  nationally,  which
    11  could  be  deployed in this state as model crisis and emergency services
    12  systems.
    13    (g) The council shall meet as frequently as its business may  require,
    14  but  no  less  frequently than four times per year during the first four
    15  years of the council's creation, and two  times  per  year  subsequently
    16  after  the  first  four  years.   At least one of such meetings per year
    17  shall be held in a manner and at a time  designed   to maximize  partic-
    18  ipation of working members of the public. Meetings of the council  shall
    19  be  governed  by  the provisions of article seven of the public officers
    20  law, and shall be open to and accessible  by  the public   including  by
    21  video conference or computer to the greatest extent possible.
    22    (h) The presence of twelve voting  members  of  the  council, consist-
    23  ing  of  at  least  fifty-one  percent  of peers and family peers, shall
    24  constitute a quorum.
    25    (i) The members of the council shall receive no compensation for their
    26  services as members, but each shall be allowed   the    necessary    and
    27  actual  expenses  incurred in the performance of their duties under this
    28  section, including  a  reasonable reimbursement  rate for travel,  lodg-
    29  ing, and meals while attending meetings of the council.
    30    §  10.  Subdivision  (a) of section 9.41 of the mental hygiene law, as
    31  amended by section 4 of part AA of chapter 57 of the laws  of  2021,  is
    32  amended to read as follows:
    33    (a) Any peace officer, when acting pursuant to [his or her] such peace
    34  officer's special duties, or police officer who is a member of the state
    35  police  or of an authorized police department or force or of a sheriff's
    36  department may take into custody any person who appears to be  [mentally
    37  ill  and]  experiencing  a  mental  health, alcohol use or substance use
    38  crisis in the following circumstances:
    39    1. Such person is conducting [himself or herself] themself in a manner
    40  which is likely to result in [serious] an imminent risk of serious phys-
    41  ical harm to [the person or] other persons as manifested by homicidal or
    42  other violent behavior by which others are placed in reasonable fear  of
    43  serious  physical  harm.  Such  officer  may  direct the removal of such
    44  person or remove [him or her] such person to any hospital  specified  in
    45  subdivision  (a)  of  section 9.39 of this article, or any comprehensive
    46  psychiatric emergency program specified in subdivision  (a)  of  section
    47  9.40  of this article, or pending [his or her] such person's examination
    48  or admission to any such hospital or comprehensive psychiatric emergency
    49  program, [program,] temporarily detain any such person in  another  safe
    50  and  comfortable  place,  in which event, such officer shall immediately
    51  notify:
    52    (i) the appropriate local crisis response team established pursuant to
    53  paragraph sixteen of subdivision (a) of section 41.03 of  this  chapter,
    54  if any, and the director of community services or, if there be none, the
    55  health officer of the city or county of such action[.];

        A. 2210                             9

     1    (ii) the state police, or the department or force of which the officer
     2  is  a  member  and has been requested or directed to respond by a crisis
     3  response team under subdivision sixteen of section 41.03 of  this  chap-
     4  ter;
     5    (iii)  a  crisis  response team which is present on the scene with the
     6  officer and is  incapacitated  or  otherwise  unable  to  communicate  a
     7  request that the officer take custody of the individual; or
     8    2. Such person is conducting themselves in a manner which is likely to
     9  result  in imminent serious physical harm to themselves as manifested by
    10  threats of or attempts at suicide or serious bodily harm, and either:
    11    (i) no crisis response team has been established in the  region  where
    12  the person is; or
    13    (ii)  the  crisis response team has not arrived to the place where the
    14  person is located, and taking the person is necessary  to  prevent  such
    15  person from experiencing serious physical injury or death.
    16    3.  If  a  peace officer, when acting pursuant to such peace officer's
    17  special duties, or a police officer who is a member of the state  police
    18  or of an authorized police department or force or of a sheriff's depart-
    19  ment  comes  upon an individual experiencing a mental health, alcohol or
    20  substance use crisis and the circumstances under this section  have  not
    21  been met, the proper crisis response team shall be notified.
    22    §  11.  Section  9.41 of the mental hygiene law, as amended by chapter
    23  843 of the laws of 1980, is amended to read as follows:
    24  § 9.41 Emergency admissions for immediate observation, care, and  treat-
    25           ment; powers of certain peace officers and police officers.
    26    (a)  Any peace officer, when acting pursuant to [his] such peace offi-
    27  cer's special duties, or a police officer who is a member of  the  state
    28  police  or of an authorized police department or force or of a sheriff's
    29  department may take into custody any person who appears to be  [mentally
    30  ill  and]  experiencing a mental health, alcohol or substance use crisis
    31  in the following circumstances:
    32    1. Such person is conducting [himself] themselves in a manner which is
    33  likely to result in [serious harm to himself or others.  "Likelihood  to
    34  result in serious harm" shall mean (1) substantial risk of physical harm
    35  to himself as manifested by threats of or attempts at suicide or serious
    36  bodily  harm  or  other  conduct  demonstrating  that he is dangerous to
    37  himself, or (2) a substantial] an imminent risk of serious physical harm
    38  to other persons as manifested by homicidal or other violent behavior by
    39  which others are placed in reasonable fear  of  serious  physical  harm.
    40  Such  officer may direct the removal of such person or remove [him] such
    41  person to any hospital specified in subdivision (a) of section  9.39  of
    42  this  article  or, comprehensive psychiatric emergency program specified
    43  in subdivision (a) of section 9.40 of this  article,  or  pending  [his]
    44  their  examination  or  admission  to any such hospital or comprehensive
    45  psychiatric emergency program, temporarily detain  any  such  person  in
    46  another  safe  and comfortable place, in which event, such officer shall
    47  immediately notify:
    48    (i) the appropriate local crisis response team established pursuant to
    49  paragraph sixteen of subdivision (a) of section 41.03 of  this  chapter,
    50  if any, and the director of community services or, if there be none, the
    51  health officer of the city or county of such action[.];
    52    (ii)  the state police, department, or force of which the officer is a
    53  member has been requested or directed to respond by  a  crisis  response
    54  team  as set forth in subdivision sixteen of section 41.03 of this chap-
    55  ter;

        A. 2210                            10

     1    (iii) a crisis response team which is present on the  scene  with  the
     2  officer  is  incapacitated  or otherwise unable to communicate a request
     3  that the officer take custody of the individual; or
     4    2. Such person is conducting themselves in a manner which is likely to
     5  result  in imminent serious physical harm to themselves as manifested by
     6  threats of or attempts at suicide or serious bodily harm, and either:
     7    (i) no crisis response team has been established in the  region  where
     8  the person is; or
     9    (ii)  the  crisis  response team did not arrive to the place where the
    10  person is located, and taking the person is necessary  to  prevent  such
    11  person from experiencing serious physical injury or death.
    12    (b)  Such officer may direct the removal of such person or remove such
    13  person to any hospital specified in subdivision (a) of section  9.39  of
    14  this  article  or,  pending  their  examination or admission to any such
    15  hospital, temporarily  detain  any  such  person  in  another  safe  and
    16  comfortable place, in which event, such officer shall immediately notify
    17  appropriate  emergency  and crisis response services and the director of
    18  community services or, if there be none, the health officer of the  city
    19  or county of such action.
    20    3.  If  a  peace officer, when acting pursuant to such peace officer's
    21  special duties, or a police officer who is a member of the state  police
    22  or of an authorized police department or force or of a sheriff's depart-
    23  ment  comes  upon an individual experiencing a mental health, alcohol or
    24  substance use crisis and the circumstances under this section  have  not
    25  been met, the proper crisis response team shall be notified.
    26    §  12.  This  act shall take effect on the sixtieth day after it shall
    27  have become a law; provided, however, that the amendments to subdivision
    28  (a) of section 9.41 of the mental hygiene law made  by  section  ten  of
    29  this  act  shall  be  subject  to  the  expiration and reversion of such
    30  section pursuant to section 21 of chapter 723 of the laws  of  1989,  as
    31  amended,  when  upon  such date the provisions of section eleven of this
    32  act shall take effect.  Effective immediately, the  addition,  amendment
    33  and/or repeal of any rule or regulation necessary for the implementation
    34  of  this  act  on  its  effective  date  are  authorized  to be made and
    35  completed on or before such effective date.