Bill Text: NY A09557 | 2019-2020 | General Assembly | Introduced
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 3-0)
Status: (Introduced - Dead) 2020-01-24 - referred to codes [A09557 Detail]
Download: New_York-2019-A09557-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9557 IN ASSEMBLY January 24, 2020 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Codes 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 19 crime not subject to bail shall be referred to the county in which the 20 crime was committed for a mental health and/or substance abuse evalu- 21 ation and if, after such evaluation, it is determined that the principal 22 requires treatment for such mental health diagnosis or substance abuse, 23 the court may order that compliance with such treatment shall be a 24 condition of release pending trial. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14742-04-0A. 9557 2 1 § 2. The criminal procedure law is amended by adding a new section 2 520.50 to read as follows: 3 § 520.50 Bail surcharge; mental health and substance abuse. 4 Every cash bail or bail bond authorized pursuant to subdivision one of 5 section 520.10 of this article and imposed by the court pursuant to this 6 part shall be subject to a surcharge in the amount of one percent. All 7 monies collected from such surcharge shall be deposited in the pretrial 8 mental health and substance abuse services bail fund established pursu- 9 ant to section ninety-nine-hh of the state finance law to be used to 10 reimburse counties for pretrial mental health and substance abuse evalu- 11 ations and services required by subdivision four of section 550.10 of 12 this part. 13 § 3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section 14 150.20 of the criminal procedure law, as amended by section 1-a of part 15 JJJ of chapter 59 of the laws of 2019, is amended and two new subpara- 16 graphs (ix) and (x) are added to read as follows: 17 (viii) it reasonably appears to the officer, based on the observed 18 behavior of the individual in the present contact with the officer and 19 facts regarding the person's condition that indicates a sign of distress 20 to such a degree that the person would face harm without immediate 21 medical or mental health care, that bringing the person before the court 22 would be in such person's interest in addressing that need; provided, 23 however, that before making the arrest, the officer shall make all 24 reasonable efforts to assist the person in securing appropriate 25 services[.]; 26 (ix) it has been reported to the officer by: 27 (A) any person eighteen years of age or older with whom the person 28 resides; or 29 (B) the parent, spouse, sibling eighteen years of age or older, or 30 child eighteen years of age or older of the person; or 31 (C) the director of a hospital in which the person is hospitalized; or 32 (D) the director of any public or charitable organization, agency or 33 home providing mental health services to the person or in whose institu- 34 tion the person resides; or 35 (E) a qualified psychiatrist who is either supervising the treatment 36 of or treating the person for a mental illness; or 37 (F) a psychologist, licensed pursuant to article one hundred fifty- 38 three of the education law, or a social worker, licensed pursuant to 39 article one hundred fifty-four of the education law, who is treating the 40 person for a mental illness; or 41 (G) the director of community services, or his or her designee, or the 42 social services official, as defined in the social services law, of the 43 city or county in which the person is present or reasonably believed to 44 be present; or 45 (H) a parole officer or probation officer assigned to supervise the 46 person; 47 (x) based on the observed behavior of the person in the present 48 contact with the officer and facts regarding the person's condition that 49 indicate a sign of distress to such a degree that the person would face 50 harm without immediate medical or mental health care, that bringing the 51 person before the court would be in such person's interest in addressing 52 that need; provided, however, that before making the arrest, the officer 53 shall make all reasonable efforts to assist the person in securing 54 appropriate services. 55 § 4. The state finance law is amended by adding a new section 99-hh to 56 read as follows:A. 9557 3 1 § 99-hh. Pretrial mental health and substance abuse services bail 2 fund. 1. There is hereby established in the joint custody of the commis- 3 sioner of taxation and finance and the state comptroller a special fund 4 to be known as the "pretrial mental health and substance abuse services 5 bail fund". 6 2. Such fund shall consist of all revenues received by the department 7 of taxation and finance pursuant to the provisions of section 520.50 of 8 the criminal procedure law, and all other moneys appropriated, credited, 9 or transferred thereto from any other fund or source pursuant to law. 10 Nothing contained herein shall prevent the state from receiving grants, 11 gifts, or bequests for the fund and depositing them into the fund 12 according to law. 13 3. Monies of the fund shall be expended only for reimbursement to 14 counties for expenses incurred by such counties for pretrial mental 15 health and/or substance abuse evaluations and treatment required pursu- 16 ant to subdivision four of section 550.10 of the criminal procedure law. 17 4. Monies shall be payable from the fund on the audit and warrant of 18 the comptroller on vouchers approved and certified by the commissioner 19 of taxation and finance. 20 § 5. This act shall take effect on the sixtieth day after it shall 21 have become a law.
