S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5141
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Mental Health
 
 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;  and  providing  for  the  repeal  of  certain
   provisions upon expiration thereof

   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  NEW  YORK
 POLICE DEPARTMENT 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 RESPONDERS.
   (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
 DISABILITIES AND THEIR FAMILIES  TO  PROVIDE  CRISIS  INTERVENTION  TEAM
 TRAINING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04283-02-9
              

 A. 5141                             2
 
   (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-NINE-FF 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.
 § 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;
   (8) ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES  WHO REPRESENTS A STATEWIDE BEHAVIOR ADVOCACY
 GROUP, AGENCY OR ASSOCIATION;

 A. 5141                             3
 
   (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 THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES WHO IS A LAW ENFORCEMENT OFFICER; AND
   (13) ONE MEMBER APPOINTED  BY  THE  NEW  YORK  POLICE  DEPARTMENT  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 OF MENTAL
 HEALTH, THE OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  THE
 OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES, THE NEW YORK POLICE DEPARTMENT, 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 GENERAL FUND.
   § 2. The state finance law is amended by adding a new section 99-ff to
 read as follows:
   §  99-FF.  CRISIS INTERVENTION TEAM TRAINING FUND.  1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
 OF THE OFFICE OF MENTAL HEALTH A FUND TO BE KNOWN AS THE  CRISIS  INTER-
 VENTION 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 THE DEPARTMENT OF MENTAL
 HEALTH REGARDING THE USE AND EFFECTIVENESS OF  THE  DISTRIBUTED  MONEYS.
 THE  COMMISSIONER  OF  THE  DEPARTMENT  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
 209-gg to read as follows:
   § 209-GG. CRISIS INTERVENTION TEAMS. 1.  THE COMMISSIONER OF  THE  NEW
 YORK  STATE  DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH
 THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES AND OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE
 SERVICES,  SHALL, FOR ALL LOCAL POLICE OFFICERS IN LAW ENFORCEMENT UNITS
 OF A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE  AND  ANY  OTHER
 ENFORCEMENT AGENCY THAT CHOOSES TO PARTICIPATE:

 A. 5141                             4
 
   (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 PROTOCOLS 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 (m) to read as follows:
   (M)  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES 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 EFFECTIVENESS OF THE PLAN FOR COMMUNITY
 INVOLVEMENT, TRAINING AND THERAPEUTIC RESPONSE ALTERNATIVES AND A DETER-
 MINATION 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; provided, however, that
 section 7.49 of the mental hygiene law, as added by section one of  this
 act,  shall  expire  and be deemed repealed 5 years after this act shall
 have become a law.