Bill Text: NY A04402 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to establishing a crisis intervention demonstration program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to mental health [A04402 Detail]

Download: New_York-2015-A04402-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4402
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced  by  M.  of  A.  AUBRY,  CUSICK,  SKARTADOS  -- read once and
         referred to the Committee on Mental Health
       AN ACT to amend the mental hygiene law, the state finance  law  and  the
         general  municipal  law,  in  relation to establishing a crisis inter-
         vention team program
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  mental  hygiene  law  is amended by adding three new
    2  sections 7.47, 7.48 and 7.49 to read as follows:
    3  S 7.47 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
    4    (A) THE COMMISSIONER SHALL  ESTABLISH  A  CRISIS  INTERVENTION  DEMON-
    5  STRATION  PROGRAM IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE
    6  FOR THE PURPOSE OF ASSISTING LAW ENFORCEMENT OFFICERS IN  RESPONDING  TO
    7  CRISIS SITUATIONS INVOLVING PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE
    8  ABUSE PROBLEMS.
    9    (B) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
   10  CRISIS  INTERVENTION TEAM TRAINING PROGRAM COORDINATOR WHO WILL SERVE AT
   11  THE PLEASURE OF THE COMMISSIONER AND WHO SHALL WORK WITH  THE  NEW  YORK
   12  POLICE DEPARTMENT AND ANY OTHER LAW ENFORCEMENT AGENCY IN THE STATE THAT
   13  REQUESTS  ASSISTANCE  TO COORDINATE THE PROVISION OF CRISIS INTERVENTION
   14  TEAM TRAINING TO ITS  FIRST  RESPONDERS  AS  A  PART  OF  A  SPECIALIZED
   15  RESPONSE TEAM OR AS PART OF THE TRAINING FOR FIRST RESPONDERS.
   16    (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
   17    (I)  WORK  WITH COMMUNITIES TO DEVELOP PARTNERSHIPS, COORDINATE ACTIV-
   18  ITIES AND PROMOTE COOPERATION  AND  COLLABORATION  BETWEEN  THE  OFFICE,
   19  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, LAW ENFORCEMENT AGEN-
   20  CIES,  DISABILITY SERVICE PROVIDERS AND PEOPLE WITH PSYCHIATRIC OR OTHER
   21  DISABILITIES AND THEIR FAMILIES  TO  PROVIDE  CRISIS  INTERVENTION  TEAM
   22  TRAINING;
   23    (II)  PROVIDE  COORDINATION  ACTIVITIES AND FUNDING SUPPORT FOR CRISIS
   24  INTERVENTION TEAM TRAINING;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07000-02-5
       A. 4402                             2
    1    (III) PROVIDE SUPPORT, TRAINING AND COMMUNITY COORDINATION  TO  ENSURE
    2  THAT  MENTAL  HEALTH SERVICE PROVIDERS IN THE COMMUNITY PROVIDE ALTERNA-
    3  TIVES TO INCARCERATION;
    4    (IV)  THROUGH  FEDERAL  AND  PRIVATE  GRANTS,  GIFTS OR CONTRIBUTIONS,
    5  PROVIDE FUNDING TO SUPPORT TRAINING AND COMMUNITY COORDINATION COSTS  AS
    6  NECESSARY. ALL MONEYS SHALL BE DEPOSITED IN THE CRISIS INTERVENTION TEAM
    7  TRAINING  FUND ESTABLISHED BY SECTION NINETY-NINE-W OF THE STATE FINANCE
    8  LAW;
    9    (V) IN CONSULTATION WITH THE CRISIS  INTERVENTION  ADVISORY  COMMITTEE
   10  ESTABLISHED  BY THIS ARTICLE, DISTRIBUTE CRISIS INTERVENTION TEAM TRAIN-
   11  ING FUND MONEYS AS NEEDED FOR SUPPORT, TRAINING  AND  COMMUNITY  COORDI-
   12  NATION COSTS; AND
   13    (VI)  SUBMIT  A  REPORT  TO  THE  GOVERNOR, TEMPORARY PRESIDENT OF THE
   14  SENATE, SPEAKER OF THE ASSEMBLY AND  THE  CRISIS  INTERVENTION  ADVISORY
   15  COMMITTEE ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR THAT CONTAINS THE
   16  FOLLOWING:
   17    (A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
   18  INTERVENTION  TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF OFFICERS
   19  THAT HAVE COMPLETED THE TRAINING;
   20    (B) A LIST OF COMMUNITIES IN THIS  STATE  THAT  HAVE  IMPLEMENTED  THE
   21  CRISIS  INTERVENTION  TEAM TRAINING PROGRAM THROUGH TRAINING AND COORDI-
   22  NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
   23  PROGRAM;
   24    (C) RECOMMENDATIONS FOR IMPROVEMENT IN THE  COMMUNITY  BASED  PARTNER-
   25  SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES;
   26    (D)  RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND PUBLIC
   27  SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES; AND
   28    (E) A REVIEW OF ALL FUNDING RESOURCES  THAT  THE  CRISIS  INTERVENTION
   29  TEAM  TRAINING PROGRAM COORDINATOR HAS APPLIED FOR TO INCREASE AVAILABLE
   30  FUNDING, INCLUDING THE STATUS OF ALL FUNDING REQUESTS AND THE  TOTAL  OF
   31  MONEYS RECEIVED YEAR TO DATE.
   32    (D) THE CRISIS INTERVENTION DEMONSTRATION PROGRAM SHALL END FIVE YEARS
   33  AFTER ITS ENACTMENT DATE.
   34  S 7.48 CRISIS INTERVENTION TEAM TRAINING PROGRAM ADVISORY COMMITTEE.
   35    (A)  THERE  IS  HEREBY ESTABLISHED A CRISIS INTERVENTION DEMONSTRATION
   36  PROGRAM ADVISORY COMMITTEE.
   37    (B) THE COMMITTEE SHALL CONSIST OF:
   38    (1) THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON OF THE  COMMITTEE
   39  AND WHO IS A NONVOTING MEMBER;
   40    (2)  THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR, WHO IS
   41  A NONVOTING MEMBER;
   42    (3) ONE MEMBER APPOINTED BY THE COMMISSIONER  WHO  IS  A  CONSUMER  OF
   43  MENTAL HEALTH SERVICES;
   44    (4) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS AN IMMEDIATE FAMI-
   45  LY MEMBER OF A CONSUMER OF MENTAL HEALTH SERVICES;
   46    (5)  ONE  MEMBER APPOINTED BY THE COMMISSIONER WHO REPRESENTS A STATE-
   47  WIDE ADVOCACY AGENCY THAT SERVES PERSONS WITH  MENTAL  DISABILITIES  AND
   48  THEIR FAMILIES;
   49    (6)  ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS A PSYCHIATRIST OR
   50  PSYCHOLOGIST LICENSED IN THE STATE;
   51    (7) ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM  AND
   52  SUBSTANCE ABUSE SERVICES;
   53    (8)  ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM AND
   54  SUBSTANCE ABUSE SERVICES WHO REPRESENTS A  STATEWIDE  BEHAVIOR  ADVOCACY
   55  GROUP, AGENCY OR ASSOCIATION;
       A. 4402                             3
    1    (9)  ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
    2  WITH DEVELOPMENTAL DISABILITIES WHO IS EITHER A FAMILY MEMBER OR GUARDI-
    3  AN OF A PERSON WITH A DEVELOPMENTAL DISABILITY;
    4    (10) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
    5  WITH  DEVELOPMENTAL  DISABILITIES  WHO  IS A PERSON WITH A DEVELOPMENTAL
    6  DISABILITY;
    7    (11) ONE MEMBER RECOMMENDED BY THE NEW YORK CITY PEACE OFFICER BENEVO-
    8  LENT ASSOCIATION WHO IS A CERTIFIED PEACE OFFICER;
    9    (12) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
   10  INAL JUSTICE SERVICES WHO IS A LAW ENFORCEMENT OFFICER; AND
   11    (13) ONE MEMBER APPOINTED  BY  THE  NEW  YORK  POLICE  DEPARTMENT  WHO
   12  REPRESENTS LAW ENFORCEMENT.
   13    (C) THE COMMITTEE SHALL:
   14    (1)  MEET AT LEAST TWO TIMES IN EACH FULL CALENDAR YEAR. THE COMMITTEE
   15  SHALL MEET AT THE REQUEST OF ITS CHAIRPERSON; AND
   16    (2) REVIEW THE REPORT REQUIRED BY SECTION 7.47  OF  THIS  ARTICLE  AND
   17  BASED  ON  THAT  REPORT  MAKE  RECOMMENDATIONS  TO  THE OFFICE OF MENTAL
   18  HEALTH, THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE
   19  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,  THE  DIVISION  OF  CRIMINAL
   20  JUSTICE  SERVICES,  THE  NEW  YORK  POLICE DEPARTMENT, THE GOVERNOR, THE
   21  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   22    (D) COMMITTEE MEMBERS SHALL NOT BE COMPENSATED BUT  ARE  ELIGIBLE  FOR
   23  REIMBURSEMENT OF REASONABLE EXPENSES.
   24  S 7.49 CRISIS INTERVENTION TEAM TRAINING FUND GRANT PROGRAM.
   25    (A)  THE  COMMISSIONER  SHALL  ESTABLISH  THE CRISIS INTERVENTION TEAM
   26  TRAINING FUND GRANT PROGRAM WHICH SHALL INCLUDE, BUT NOT BE LIMITED  TO,
   27  PROVIDING FINANCIAL SUPPORT WHEN NECESSARY AND AS AVAILABLE FOR TRAINING
   28  AND  COMMUNITY COORDINATION COSTS FOR THE IMPLEMENTATION OF THE NEW YORK
   29  CRISIS INTERVENTION TEAM TRAINING PROGRAM TO LAW ENFORCEMENT AGENCIES AS
   30  REQUESTED.
   31    (B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE FUND SHALL CONSIST OF
   32  UP TO ONE MILLION DOLLARS  FROM  THE  STATE  FISCAL  YEAR  TWO  THOUSAND
   33  SIXTEEN--SEVENTEEN APPROPRIATIONS.
   34    S  2. The state finance law is amended by adding a new section 99-w to
   35  read as follows:
   36    S 99-W. CRISIS INTERVENTION TEAM TRAINING FUND.   1. THERE  IS  HEREBY
   37  ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
   38  OF  THE  OFFICE OF MENTAL HEALTH A FUND TO BE KNOWN AS THE CRISIS INTER-
   39  VENTION TEAM TRAINING FUND.
   40    2. THE CRISIS INTERVENTION TEAM TRAINING FUND  SHALL  CONSIST  OF  ALL
   41  MONEYS  RECEIVED  FROM  THE  FEDERAL  GOVERNMENT, PRIVATE GRANTS, GIFTS,
   42  CONTRIBUTIONS AND DEVISES.
   43    3. ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION  SHALL
   44  SUBMIT QUARTERLY REPORTS TO THE COMMISSIONER OF THE DEPARTMENT OF MENTAL
   45  HEALTH  REGARDING  THE  USE AND EFFECTIVENESS OF THE DISTRIBUTED MONEYS.
   46  THE COMMISSIONER OF THE DEPARTMENT OF  MENTAL  HEALTH  SHALL  INCLUDE  A
   47  SUMMARY  OF  THE FUND ANALYSIS IN THE ANNUAL REPORT REQUIRED PURSUANT TO
   48  SECTION 7.47 OF THE MENTAL HYGIENE LAW.
   49    S 3. The general municipal law is amended  by  adding  a  new  section
   50  204-ff to read as follows:
   51    S  204-FF.  CRISIS INTERVENTION TEAMS. 1.  THE COMMISSIONER OF THE NEW
   52  YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, IN  CONSULTATION  WITH
   53  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH
   54  DEVELOPMENTAL  DISABILITIES AND OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   55  SERVICES, SHALL, FOR ALL LOCAL POLICE OFFICERS IN LAW ENFORCEMENT  UNITS
       A. 4402                             4
    1  OF  A  CITY  HAVING  A  POPULATION  OF ONE MILLION OR MORE AND ANY OTHER
    2  ENFORCEMENT AGENCY THAT CHOOSES TO PARTICIPATE:
    3    (A)  ESTABLISH  CRITERIA  FOR  THE  DEVELOPMENT OF CRISIS INTERVENTION
    4  TEAMS; AND
    5    (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A  TRAINING  PROGRAM
    6  FOR  ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
    7  ESTABLISHED PURSUANT TO THIS SECTION. THE  CURRICULUM  SHALL  INCLUDE  A
    8  MINIMUM OF FORTY HOURS OF MANDATORY TRAINING IN MENTAL HEALTH ISSUES.
    9    2. THE GOALS OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL BE TO:
   10    (A) PROVIDE IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW ENFORCEMENT
   11  OFFICERS;
   12    (B)  REDUCE  THE  AMOUNT  OF TIME POLICE OFFICERS SPEND OUT OF SERVICE
   13  AWAITING ASSESSMENT AND DISPOSITION;
   14    (C) AFFORD PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE ABUSE PROBLEMS
   15  A SENSE OF DIGNITY IN CRISIS SITUATIONS;
   16    (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   17    (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
   18  SUBSTANCE ABUSE PROBLEMS AND REFER THEM TO APPROPRIATE CARE;
   19    (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
   20  MENTAL HEALTH AND/OR SUBSTANCE ABUSE CRISES BY PROVIDING  BETTER  ACCESS
   21  TO TIMELY TREATMENT;
   22    (G)  PROVIDE  THERAPEUTIC  LOCATIONS OR PROTOCOL FOR OFFICERS TO BRING
   23  INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT A  LAW  ENFORCEMENT  OR
   24  JAIL FACILITY; AND
   25    (H)  DECREASE  INJURIES  TO  LAW  ENFORCEMENT  OFFICERS  DURING CRISIS
   26  EVENTS.
   27    3. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION  AND  ASSISTANCE  TO
   28  THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
   29    S  4.  Section  19.07 of the mental hygiene law is amended by adding a
   30  new subdivision (l) to read as follows:
   31    (L) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE  SERVICES  SHALL,  IN
   32  COLLABORATION  WITH  LAW  ENFORCEMENT  AND  THE  OFFICE OF MENTAL HEALTH
   33  ESTABLISH CRITERIA FOR THE DEVELOPMENT OF CRISIS INTERVENTION TEAMS THAT
   34  SHALL INCLUDE ASSESSMENT OF THE EFFECTIVENESS OF THE PLAN FOR  COMMUNITY
   35  INVOLVEMENT, TRAINING AND THERAPEUTIC RESPONSE ALTERNATIVES AND A DETER-
   36  MINATION  OF  WHETHER LAW ENFORCEMENT OFFICERS HAVE EFFECTIVE AGREEMENTS
   37  WITH MENTAL HEALTH CARE PROVIDERS AND ALL OTHER COMMUNITY STAKEHOLDERS.
   38    S 5. This act shall take effect immediately.
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