S T A T E O F N E W Y O R K
________________________________________________________________________
9557
I N A S S E M B L Y
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:
Section 1. Section 550.10 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
4. ON APPLICATION OF: (A) THE PROSECUTION; (B) DEFENSE COUNSEL; (C) A
FAMILY MEMBER OF THE PRINCIPAL; (D) ANY PERSON EIGHTEEN YEARS OF AGE OR
OLDER WITH WHOM THE PRINCIPAL RESIDES; (E) THE DIRECTOR OF A HOSPITAL IN
WHICH THE PRINCIPAL IS HOSPITALIZED; (F) THE DIRECTOR OF ANY PUBLIC OR
CHARITABLE ORGANIZATION, AGENCY OR HOME PROVIDING MENTAL HEALTH SERVICES
TO THE PRINCIPAL OR IN WHOSE INSTITUTION THE PRINCIPAL RESIDES; (G) A
QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING THE TREATMENT OF OR
TREATING THE PRINCIPAL FOR A MENTAL ILLNESS; (H) A PSYCHOLOGIST,
LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION
LAW, OR A SOCIAL WORKER, LICENSED PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-FOUR OF THE EDUCATION LAW, WHO IS TREATING THE PRINCIPAL FOR A
MENTAL ILLNESS; (I) THE DIRECTOR OF COMMUNITY SERVICES, OR HIS OR HER
DESIGNEE, OR THE SOCIAL SERVICES OFFICIAL, AS DEFINED IN THE SOCIAL
SERVICES LAW, OF THE CITY OR COUNTY IN WHICH THE PRINCIPAL IS PRESENT OR
REASONABLY BELIEVED TO BE PRESENT; OR (J) A PAROLE OFFICER OR PROBATION
OFFICER ASSIGNED TO SUPERVISE THE PRINCIPAL; A PRINCIPAL CHARGED WITH A
CRIME NOT SUBJECT TO BAIL SHALL BE REFERRED TO THE COUNTY IN WHICH THE
CRIME WAS COMMITTED FOR A MENTAL HEALTH AND/OR SUBSTANCE ABUSE EVALU-
ATION AND IF, AFTER SUCH EVALUATION, IT IS DETERMINED THAT THE PRINCIPAL
REQUIRES TREATMENT FOR SUCH MENTAL HEALTH DIAGNOSIS OR SUBSTANCE ABUSE,
THE COURT MAY ORDER THAT COMPLIANCE WITH SUCH TREATMENT SHALL BE A
CONDITION OF RELEASE PENDING TRIAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14742-04-0
A. 9557 2
§ 2. The criminal procedure law is amended by adding a new section
520.50 to read as follows:
§ 520.50 BAIL SURCHARGE; MENTAL HEALTH AND SUBSTANCE ABUSE.
EVERY CASH BAIL OR BAIL BOND AUTHORIZED PURSUANT TO SUBDIVISION ONE OF
SECTION 520.10 OF THIS ARTICLE AND IMPOSED BY THE COURT PURSUANT TO THIS
PART SHALL BE SUBJECT TO A SURCHARGE IN THE AMOUNT OF ONE PERCENT. ALL
MONIES COLLECTED FROM SUCH SURCHARGE SHALL BE DEPOSITED IN THE PRETRIAL
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BAIL FUND ESTABLISHED PURSU-
ANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW TO BE USED TO
REIMBURSE COUNTIES FOR PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE EVALU-
ATIONS AND SERVICES REQUIRED BY SUBDIVISION FOUR OF SECTION 550.10 OF
THIS PART.
§ 3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
150.20 of the criminal procedure law, as amended by section 1-a of part
JJJ of chapter 59 of the laws of 2019, is amended and two new subpara-
graphs (ix) and (x) are added to read as follows:
(viii) it reasonably appears to the officer, based on the observed
behavior of the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the person would face harm without immediate
medical or mental health care, that bringing the person before the court
would be in such person's interest in addressing that need; provided,
however, that before making the arrest, the officer shall make all
reasonable efforts to assist the person in securing appropriate
services[.];
(IX) IT HAS BEEN REPORTED TO THE OFFICER BY:
(A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER WITH WHOM THE PERSON
RESIDES; OR
(B) THE PARENT, SPOUSE, SIBLING EIGHTEEN YEARS OF AGE OR OLDER, OR
CHILD EIGHTEEN YEARS OF AGE OR OLDER OF THE PERSON; OR
(C) THE DIRECTOR OF A HOSPITAL IN WHICH THE PERSON IS HOSPITALIZED; OR
(D) THE DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION, AGENCY OR
HOME PROVIDING MENTAL HEALTH SERVICES TO THE PERSON OR IN WHOSE INSTITU-
TION THE PERSON RESIDES; OR
(E) A QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING THE TREATMENT
OF OR TREATING THE PERSON FOR A MENTAL ILLNESS; OR
(F) A PSYCHOLOGIST, LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
THREE OF THE EDUCATION LAW, OR A SOCIAL WORKER, LICENSED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, WHO IS TREATING THE
PERSON FOR A MENTAL ILLNESS; OR
(G) THE DIRECTOR OF COMMUNITY SERVICES, OR HIS OR HER DESIGNEE, OR THE
SOCIAL SERVICES OFFICIAL, AS DEFINED IN THE SOCIAL SERVICES LAW, OF THE
CITY OR COUNTY IN WHICH THE PERSON IS PRESENT OR REASONABLY BELIEVED TO
BE PRESENT; OR
(H) A PAROLE OFFICER OR PROBATION OFFICER ASSIGNED TO SUPERVISE THE
PERSON;
(X) BASED ON THE OBSERVED BEHAVIOR OF THE PERSON IN THE PRESENT
CONTACT WITH THE OFFICER AND FACTS REGARDING THE PERSON'S CONDITION THAT
INDICATE A SIGN OF DISTRESS TO SUCH A DEGREE THAT THE PERSON WOULD FACE
HARM WITHOUT IMMEDIATE MEDICAL OR MENTAL HEALTH CARE, THAT BRINGING THE
PERSON BEFORE THE COURT WOULD BE IN SUCH PERSON'S INTEREST IN ADDRESSING
THAT NEED; PROVIDED, HOWEVER, THAT BEFORE MAKING THE ARREST, THE OFFICER
SHALL MAKE ALL REASONABLE EFFORTS TO ASSIST THE PERSON IN SECURING
APPROPRIATE SERVICES.
§ 4. The state finance law is amended by adding a new section 99-hh to
read as follows:
A. 9557 3
§ 99-HH. PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BAIL
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND
TO BE KNOWN AS THE "PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
BAIL FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE PURSUANT TO THE PROVISIONS OF SECTION 520.50 OF
THE CRIMINAL PROCEDURE LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED,
OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
NOTHING CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS, OR BEQUESTS FOR THE FUND AND DEPOSITING THEM INTO THE FUND
ACCORDING TO LAW.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR REIMBURSEMENT TO
COUNTIES FOR EXPENSES INCURRED BY SUCH COUNTIES FOR PRETRIAL MENTAL
HEALTH AND/OR SUBSTANCE ABUSE EVALUATIONS AND TREATMENT REQUIRED PURSU-
ANT TO SUBDIVISION FOUR OF SECTION 550.10 OF THE CRIMINAL PROCEDURE LAW.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF TAXATION AND FINANCE.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.