Bill Text: NY S04126 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to establishing a crisis intervention team training demonstration program; establishes a crisis intervention team training program advisory committee and crisis intervention team training fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - PRINT NUMBER 4126A [S04126 Detail]

Download: New_York-2019-S04126-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4126--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 1, 2019
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities -- recommitted to the Committee on  Mental  Health
          and  Developmental Disabilities in accordance with Senate Rule 6, sec.
          8 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee

        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 7.49, 7.51 and 7.53 to read as follows:
     3  § 7.49 Crisis intervention team training program.
     4    (a) The commissioner shall establish a crisis intervention team train-
     5  ing  demonstration  program for the purpose of assisting law enforcement
     6  officers in responding  to  crisis  situations  involving  persons  with
     7  mental illness and/or substance abuse problems.
     8    (b) The commissioner shall establish within the office the position of
     9  crisis  intervention team training program coordinator who will serve at
    10  the pleasure of the commissioner and who shall work with  the  New  York
    11  police department and any other law enforcement agency in the state that
    12  requests  assistance  to coordinate the provision of crisis intervention
    13  team training to its  first  responders  as  a  part  of  a  specialized
    14  response team or as part of the training for first responders.
    15    (c) The crisis intervention team training program coordinator shall:
    16    (i)  work  with communities to develop partnerships, coordinate activ-
    17  ities and promote cooperation  and  collaboration  between  the  office,
    18  office  of  addiction  services  and supports, law enforcement agencies,
    19  disability service providers and people with psychiatric or other  disa-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04283-04-0

        S. 4126--A                          2

     1  bilities  and  their families to provide crisis intervention team train-
     2  ing;
     3    (ii)  provide  coordination  activities and funding support for crisis
     4  intervention team training;
     5    (iii) provide support, training and community coordination  to  ensure
     6  that  mental  health service providers in the community provide alterna-
     7  tives to incarceration;
     8    (iv) through federal  and  private  grants,  gifts  or  contributions,
     9  provide  funding to support training and community coordination costs as
    10  necessary. All moneys shall be deposited in the crisis intervention team
    11  training fund established by section ninety-nine-gg of the state finance
    12  law;
    13    (v) in consultation with the crisis intervention team training program
    14  advisory committee established by this article, distribute crisis inter-
    15  vention team training fund moneys as needed for  support,  training  and
    16  community coordination costs; and
    17    (vi)  submit  a  report  to  the  governor, temporary president of the
    18  senate, speaker of the assembly and the crisis intervention team  train-
    19  ing  program  advisory committee on or before November fifteenth of each
    20  year that contains the following:
    21    (A) a review of all law enforcement agencies that have provided crisis
    22  intervention team training to their officers and the number of  officers
    23  that have completed the training;
    24    (B)  a  list  of  communities  in this state that have implemented the
    25  crisis intervention team training program through training  and  coordi-
    26  nation, including the length of implementation and current status of the
    27  program;
    28    (C)  recommendations  for  improvement in the community based partner-
    29  ships that support crisis intervention team responses;
    30    (D) recommendations for improvement in the law enforcement and  public
    31  safety agencies that provide crisis intervention team responses; and
    32    (E)  a  review  of  all funding resources that the crisis intervention
    33  team training program coordinator has applied for to increase  available
    34  funding,  including  the status of all funding requests and the total of
    35  moneys received.
    36    (d) The crisis intervention team training program established pursuant
    37  to this section shall end five years after the effective  date  of  this
    38  section.
    39  § 7.51 Crisis intervention team training program advisory committee.
    40    (a)  There  is  hereby established a crisis intervention team training
    41  program advisory committee.
    42    (b) The committee shall consist of:
    43    (1) the commissioner, who shall serve as chairperson of the  committee
    44  and who is a nonvoting member;
    45    (2)  the crisis intervention team training program coordinator, who is
    46  a nonvoting member;
    47    (3) one member appointed by the commissioner  who  is  a  consumer  of
    48  mental health services;
    49    (4) one member appointed by the commissioner who is an immediate fami-
    50  ly member of a consumer of mental health services;
    51    (5)  one  member appointed by the commissioner who represents a state-
    52  wide advocacy agency that serves persons with  mental  disabilities  and
    53  their families;
    54    (6)  one member appointed by the commissioner who is a psychiatrist or
    55  psychologist licensed in the state;

        S. 4126--A                          3

     1    (7) one member appointed by the commissioner of addiction services and
     2  supports;
     3    (8) one member appointed by the commissioner of addiction services and
     4  supports  who  represents a statewide behavior advocacy group, agency or
     5  association;
     6    (9) one member appointed by the commissioner of the office for  people
     7  with developmental disabilities who is either a family member or guardi-
     8  an of a person with a developmental disability;
     9    (10) one member appointed by the commissioner of the office for people
    10  with  developmental  disabilities  who  is a person with a developmental
    11  disability;
    12    (11) one member recommended by the New York city peace officer benevo-
    13  lent association who is a certified peace officer;
    14    (12) one member appointed by the commissioner of the division of crim-
    15  inal justice services who is a law enforcement officer; and
    16    (13) one member appointed  by  the  New  York  police  department  who
    17  represents law enforcement.
    18    (c) The committee shall:
    19    (1)  meet at least two times in each full calendar year. The committee
    20  shall meet at the request of its chairperson; and
    21    (2) review the report required by section 7.49  of  this  article  and
    22  based  on  that  report  make  recommendations  to  the office of mental
    23  health, the office  for  people  with  developmental  disabilities,  the
    24  office  of  addiction  services  and  supports, the division of criminal
    25  justice services, the New York  police  department,  the  governor,  the
    26  temporary president of the senate and the speaker of the assembly.
    27    (d)  Committee  members  shall not be compensated but are eligible for
    28  reimbursement of reasonable expenses.
    29  § 7.53 Crisis intervention team training fund grant program.
    30    (a) The commissioner shall  establish  the  crisis  intervention  team
    31  training  fund grant program which shall include, but not be limited to,
    32  providing financial support when necessary and as available for training
    33  and community coordination costs for the implementation  of  the  crisis
    34  intervention  team  training  program  to  law  enforcement  agencies as
    35  requested.
    36    (b) Notwithstanding any law to the contrary, the fund shall consist of
    37  up to one million dollars from the state general fund.
    38    § 2. The state finance law is amended by adding a new section 99-gg to
    39  read as follows:
    40    § 99-gg. Crisis intervention team training fund.  1. There  is  hereby
    41  established in the joint custody of the comptroller and the commissioner
    42  of  the  office of mental health a fund to be known as the crisis inter-
    43  vention team training fund.
    44    2. The crisis intervention team training fund  shall  consist  of  all
    45  moneys  received  from  the  federal  government, private grants, gifts,
    46  contributions and devises.
    47    3. Any contractors that receive moneys pursuant to this section  shall
    48  submit quarterly reports to the commissioner of the department of mental
    49  health  regarding  the  use and effectiveness of the distributed moneys.
    50  The commissioner of the department of  mental  health  shall  include  a
    51  summary  of  the fund analysis in the annual report required pursuant to
    52  section 7.49 of the mental hygiene law.
    53    § 3. The general municipal law is amended  by  adding  a  new  section
    54  209-h to read as follows:
    55    §  209-h.  Crisis  intervention teams. 1.  The commissioner of the New
    56  York state division of criminal justice services, in  consultation  with

        S. 4126--A                          4

     1  the commissioners of the office of mental health, office for people with
     2  developmental   disabilities   and  office  of  addiction  services  and
     3  supports, shall, for all local police officers in law enforcement  units
     4  and any other enforcement agency that chooses to participate:
     5    (a)  establish  criteria  for  the  development of crisis intervention
     6  teams; and
     7    (b) establish, and implement on an ongoing basis, a  training  program
     8  for  all current and new employees regarding the policies and procedures
     9  established pursuant to this section. The  curriculum  shall  include  a
    10  minimum of forty hours of mandatory training in mental health issues.
    11    2. The goals of the crisis intervention team program shall be to:
    12    (a) provide immediate response by specifically trained law enforcement
    13  officers;
    14    (b)  reduce  the  amount  of time police officers spend out of service
    15  awaiting assessment and disposition;
    16    (c) afford persons with mental illness and/or substance abuse problems
    17  a sense of dignity in crisis situations;
    18    (d) reduce the likelihood of physical confrontation;
    19    (e)  identify  underserved  populations  with  mental  illness  and/or
    20  substance abuse problems and refer them to appropriate care;
    21    (f)  decrease  the use of arrest and detention of persons experiencing
    22  mental health and/or substance abuse crises by providing  better  access
    23  to timely treatment;
    24    (g)  provide  therapeutic locations or protocols for officers to bring
    25  individuals in crisis for assessment that is not a  law  enforcement  or
    26  jail facility; and
    27    (h)  decrease  injuries  to  law  enforcement  officers  during crisis
    28  events.
    29    3. Other state agencies shall provide cooperation  and  assistance  to
    30  the program to assist in the effective performance of its duties.
    31    §  4.  Section  19.07 of the mental hygiene law is amended by adding a
    32  new subdivision (n) to read as follows:
    33    (n) The office of addiction services and supports  shall,  in  collab-
    34  oration  with  law enforcement and the office of mental health establish
    35  criteria for the development of crisis  intervention  teams  that  shall
    36  include  assessment  of  the  effectiveness  of  the  plan for community
    37  involvement, training and therapeutic response alternatives and a deter-
    38  mination of whether law enforcement officers have  effective  agreements
    39  with mental health care providers and all other community stakeholders.
    40    § 5. This act shall take effect immediately.
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