S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3393--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. AUBRY, CUSICK, SKARTADOS, MALLIOTAKIS, ABINANTI
   -- read once and referred to the Committee on Mental Health --  recom-
   mitted  to  the Committee on Mental Health 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 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:
 
   Section 1. The mental hygiene law  is  amended  by  adding  three  new
 sections 7.49, 7.51 and 7.53  to read as follows:
 § 7.49 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
   (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A CRISIS INTERVENTION DEMON-
 STRATION PROGRAM IN ANY CITY HAVING A POPULATION OF ONE MILLION OR  MORE
 FOR  THE  PURPOSE OF ASSISTING LAW ENFORCEMENT OFFICERS IN RESPONDING TO
 CRISIS SITUATIONS INVOLVING PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE
 ABUSE PROBLEMS.
   (B) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
 CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR WHO WILL SERVE  AT
 THE  PLEASURE  OF  THE  COMMISSIONER  AND WHO SHALL WORK WITH THE POLICE
 DEPARTMENT OF THE CITY OF NEW YORK AND ANY OTHER LAW ENFORCEMENT  AGENCY
 IN  THE  STATE  THAT  REQUESTS ASSISTANCE TO COORDINATE THE PROVISION OF
 CRISIS INTERVENTION TEAM TRAINING TO ITS FIRST RESPONDERS AS A PART OF A
 SPECIALIZED RESPONSE TEAM OR AS PART OF THE TRAINING FOR  FIRST  RESPON-
 DERS.
   (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
   (I)  WORK  WITH COMMUNITIES TO DEVELOP PARTNERSHIPS, COORDINATE ACTIV-
 ITIES AND PROMOTE COOPERATION  AND  COLLABORATION  BETWEEN  THE  OFFICE,
 OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, LAW ENFORCEMENT AGEN-
 CIES,  DISABILITY SERVICE PROVIDERS AND PEOPLE WITH PSYCHIATRIC OR OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06167-05-8

 A. 3393--A                          2
 
 DISABILITIES AND THEIR FAMILIES  TO  PROVIDE  CRISIS  INTERVENTION  TEAM
 TRAINING;
   (II)  PROVIDE  COORDINATION  ACTIVITIES AND FUNDING SUPPORT FOR CRISIS
 INTERVENTION TEAM TRAINING;
   (III) PROVIDE SUPPORT, TRAINING AND COMMUNITY COORDINATION  TO  ENSURE
 THAT  MENTAL  HEALTH SERVICE PROVIDERS IN THE COMMUNITY PROVIDE ALTERNA-
 TIVES TO INCARCERATION;
   (IV) THROUGH FEDERAL  AND  PRIVATE  GRANTS,  GIFTS  OR  CONTRIBUTIONS,
 PROVIDE  FUNDING TO SUPPORT TRAINING AND COMMUNITY COORDINATION COSTS AS
 NECESSARY. ALL MONEYS SHALL BE DEPOSITED IN THE CRISIS INTERVENTION TEAM
 TRAINING FUND ESTABLISHED BY SECTION NINETY-EIGHT-D OF THE STATE FINANCE
 LAW;
   (V) IN CONSULTATION WITH THE CRISIS  INTERVENTION  ADVISORY  COMMITTEE
 ESTABLISHED  BY THIS ARTICLE, DISTRIBUTE CRISIS INTERVENTION TEAM TRAIN-
 ING FUND MONEYS AS NEEDED FOR SUPPORT, TRAINING  AND  COMMUNITY  COORDI-
 NATION COSTS; AND
   (VI)  SUBMIT  A  REPORT  TO  THE  GOVERNOR, TEMPORARY PRESIDENT OF THE
 SENATE, SPEAKER OF THE ASSEMBLY AND  THE  CRISIS  INTERVENTION  ADVISORY
 COMMITTEE ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR THAT CONTAINS THE
 FOLLOWING:
   (A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
 INTERVENTION  TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF OFFICERS
 THAT HAVE COMPLETED THE TRAINING;
   (B) A LIST OF COMMUNITIES IN THIS  STATE  THAT  HAVE  IMPLEMENTED  THE
 CRISIS  INTERVENTION  TEAM TRAINING PROGRAM THROUGH TRAINING AND COORDI-
 NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
 PROGRAM;
   (C) RECOMMENDATIONS FOR IMPROVEMENT IN THE  COMMUNITY  BASED  PARTNER-
 SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES;
   (D)  RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND PUBLIC
 SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES; AND
   (E) A REVIEW OF ALL FUNDING RESOURCES  THAT  THE  CRISIS  INTERVENTION
 TEAM  TRAINING PROGRAM COORDINATOR HAS APPLIED FOR TO INCREASE AVAILABLE
 FUNDING, INCLUDING THE STATUS OF ALL FUNDING REQUESTS AND THE  TOTAL  OF
 MONEYS RECEIVED YEAR TO DATE.
   (D) THE CRISIS INTERVENTION DEMONSTRATION PROGRAM SHALL END FIVE YEARS
 AFTER ITS ENACTMENT DATE.
 § 7.51 CRISIS INTERVENTION TEAM TRAINING PROGRAM ADVISORY COMMITTEE.
   (A)  THERE  IS  HEREBY ESTABLISHED A CRISIS INTERVENTION DEMONSTRATION
 PROGRAM ADVISORY COMMITTEE.
   (B) THE COMMITTEE SHALL CONSIST OF:
   (1) THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON OF THE  COMMITTEE
 AND WHO IS A NONVOTING MEMBER;
   (2)  THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR, WHO IS
 A NONVOTING MEMBER;
   (3) ONE MEMBER APPOINTED BY THE COMMISSIONER  WHO  IS  A  CONSUMER  OF
 MENTAL HEALTH SERVICES;
   (4) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS AN IMMEDIATE FAMI-
 LY MEMBER OF A CONSUMER OF MENTAL HEALTH SERVICES;
   (5)  ONE  MEMBER APPOINTED BY THE COMMISSIONER WHO REPRESENTS A STATE-
 WIDE ADVOCACY AGENCY THAT SERVES PERSONS WITH  MENTAL  DISABILITIES  AND
 THEIR FAMILIES;
   (6)  ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS A PSYCHIATRIST OR
 PSYCHOLOGIST LICENSED IN THE STATE;
   (7) ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM  AND
 SUBSTANCE ABUSE SERVICES;

 A. 3393--A                          3
 
   (8)  ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES WHO REPRESENTS A  STATEWIDE  BEHAVIOR  ADVOCACY
 GROUP, AGENCY OR ASSOCIATION;
   (9)  ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES WHO IS EITHER A FAMILY MEMBER OR GUARDI-
 AN OF A PERSON WITH A DEVELOPMENTAL DISABILITY;
   (10) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES WHO IS A  PERSON  WITH  A  DEVELOPMENTAL
 DISABILITY;
   (11) ONE MEMBER RECOMMENDED BY THE NEW YORK CITY PEACE OFFICER BENEVO-
 LENT ASSOCIATION WHO IS A CERTIFIED PEACE OFFICER;
   (12)  ONE  MEMBER  APPOINTED  BY  THE COMMISSIONER OF CRIMINAL JUSTICE
 SERVICES WHO IS A LAW ENFORCEMENT OFFICER; AND
   (13) ONE MEMBER APPOINTED BY THE POLICE DEPARTMENT OF THE CITY OF  NEW
 YORK WHO REPRESENTS LAW ENFORCEMENT.
   (C) THE COMMITTEE SHALL:
   (1)  MEET AT LEAST TWO TIMES IN EACH FULL CALENDAR YEAR. THE COMMITTEE
 SHALL MEET AT THE REQUEST OF ITS CHAIRPERSON; AND
   (2) REVIEW THE REPORT REQUIRED BY SECTION 7.49  OF  THIS  ARTICLE  AND
 BASED  ON THAT REPORT MAKE RECOMMENDATIONS TO THE OFFICE, THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE  OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE ABUSE SERVICES, THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE
 POLICE  DEPARTMENT  OF THE CITY OF NEW YORK, THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   (D) COMMITTEE MEMBERS SHALL NOT BE COMPENSATED BUT  ARE  ELIGIBLE  FOR
 REIMBURSEMENT OF REASONABLE EXPENSES.
 § 7.53 CRISIS INTERVENTION TEAM TRAINING FUND GRANT PROGRAM.
   (A)  THE  COMMISSIONER  SHALL  ESTABLISH  THE CRISIS INTERVENTION TEAM
 TRAINING FUND GRANT PROGRAM WHICH SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 PROVIDING FINANCIAL SUPPORT WHEN NECESSARY AND AS AVAILABLE FOR TRAINING
 AND  COMMUNITY COORDINATION COSTS FOR THE IMPLEMENTATION OF THE NEW YORK
 CRISIS INTERVENTION TEAM TRAINING PROGRAM TO LAW ENFORCEMENT AGENCIES AS
 REQUESTED.
   (B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE FUND SHALL CONSIST OF
 UP TO ONE MILLION DOLLARS FROM THE STATE FISCAL YEAR TWO THOUSAND  NINE-
 TEEN--TWENTY APPROPRIATIONS.
   §  2. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. CRISIS INTERVENTION TEAM TRAINING FUND.   1. THERE  IS  HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
 OF  MENTAL  HEALTH  A  FUND TO BE KNOWN AS THE "CRISIS INTERVENTION TEAM
 TRAINING FUND".
   2. THE CRISIS INTERVENTION TEAM TRAINING FUND  SHALL  CONSIST  OF  ALL
 MONEYS  RECEIVED  FROM  THE  FEDERAL  GOVERNMENT, PRIVATE GRANTS, GIFTS,
 CONTRIBUTIONS AND DEVISES.
   3. ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION  SHALL
 SUBMIT  QUARTERLY REPORTS TO THE COMMISSIONER OF MENTAL HEALTH REGARDING
 THE USE AND EFFECTIVENESS OF THE DISTRIBUTED MONEYS. THE COMMISSIONER OF
 MENTAL HEALTH SHALL INCLUDE A SUMMARY OF THE FUND ANALYSIS IN THE ANNUAL
 REPORT REQUIRED PURSUANT TO SECTION 7.49 OF THE MENTAL HYGIENE LAW.
   § 3. The general municipal law is amended  by  adding  a  new  section
 204-g to read as follows:
   §  204-G.  CRISIS  INTERVENTION TEAMS. 1. THE COMMISSIONER OF CRIMINAL
 JUSTICE SERVICES, IN  CONSULTATION  WITH  THE  COMMISSIONERS  OF  MENTAL
 HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ALCO-
 HOLISM  AND  SUBSTANCE ABUSE SERVICES, SHALL, FOR ALL LOCAL POLICE OFFI-

 A. 3393--A                          4
 
 CERS IN LAW ENFORCEMENT UNITS OF A  CITY  HAVING  A  POPULATION  OF  ONE
 MILLION OR MORE AND ANY OTHER ENFORCEMENT AGENCY THAT CHOOSES TO PARTIC-
 IPATE:
   (A)  ESTABLISH  CRITERIA  FOR  THE  DEVELOPMENT OF CRISIS INTERVENTION
 TEAMS; AND
   (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A  TRAINING  PROGRAM
 FOR  ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
 ESTABLISHED PURSUANT TO THIS SECTION. THE  CURRICULUM  SHALL  INCLUDE  A
 MINIMUM OF FORTY HOURS OF MANDATORY TRAINING IN MENTAL HEALTH ISSUES.
   2. THE GOALS OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL BE TO:
   (A) PROVIDE IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW ENFORCEMENT
 OFFICERS;
   (B)  REDUCE  THE  AMOUNT  OF TIME POLICE OFFICERS SPEND OUT OF SERVICE
 AWAITING ASSESSMENT AND DISPOSITION;
   (C) AFFORD PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE ABUSE PROBLEMS
 A SENSE OF DIGNITY IN CRISIS SITUATIONS;
   (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
 SUBSTANCE ABUSE PROBLEMS AND REFER THEM TO APPROPRIATE CARE;
   (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
 MENTAL HEALTH AND/OR SUBSTANCE ABUSE CRISES BY PROVIDING  BETTER  ACCESS
 TO TIMELY TREATMENT;
   (G)  PROVIDE  THERAPEUTIC  LOCATIONS OR PROTOCOL FOR OFFICERS TO BRING
 INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT A  LAW  ENFORCEMENT  OR
 JAIL FACILITY; AND
   (H)  DECREASE  INJURIES  TO  LAW  ENFORCEMENT  OFFICERS  DURING CRISIS
 EVENTS.
   3. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION  AND  ASSISTANCE  TO
 THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
   §  4.  Section  19.07 of the mental hygiene law is amended by adding a
 new subdivision (l) to read as follows:
   (L) THE OFFICE SHALL, IN COLLABORATION WITH LAW  ENFORCEMENT  AND  THE
 OFFICE  OF  MENTAL  HEALTH,  ESTABLISH  CRITERIA  FOR THE DEVELOPMENT OF
 CRISIS INTERVENTION TEAMS THAT SHALL INCLUDE ASSESSMENT  OF  THE  EFFEC-
 TIVENESS OF THE PLAN FOR COMMUNITY INVOLVEMENT, TRAINING AND THERAPEUTIC
 RESPONSE  ALTERNATIVES  AND  A  DETERMINATION OF WHETHER LAW ENFORCEMENT
 OFFICERS HAVE EFFECTIVE AGREEMENTS WITH MENTAL HEALTH CARE PROVIDERS AND
 ALL OTHER COMMUNITY STAKEHOLDERS.
   § 5. This act shall take effect immediately.