Assembly Actions -
Senate Actions - UPPERCASE
|Jan 13, 2020
referred to codes
Senate Bill S7242
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S7242 (ACTIVE) - Details
2019-S7242 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7242 SPONSOR: KAPLAN TITLE OF BILL: 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 estab- lishing the pretrial mental health and substance abuse services bail fund PURPOSE: To create a pretrial mental health and substance abuse evaluation for individuals who are in crisis, as well as setting as a condition of pretrial release a referral to mental health and substance abuse evalu- ation and compliance with needed treatment a condition of pre-trial release. SUMMARY OF PROVISIONS:
2019-S7242 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7242 I N S E N A T E January 13, 2020 ___________ Introduced by Sens. KAPLAN, BROOKS, GAUGHRAN, GOUNARDES, KAMINSKY, MARTINEZ, SAVINO, SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to be committed 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. § 2. The criminal procedure law is amended by adding a new section 520.50 to read as follows:
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