senate Bill S7242

2019-2020 Legislative Session

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants and establishes the pretrial mental health and substance abuse services bail fund

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2020 referred to codes

Co-Sponsors

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S7242 (ACTIVE) - Details

See Assembly Version of this Bill:
A9557
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§550.10 & 150.20, add §520.50, CP L; add §99-hh, St Fin L

S7242 (ACTIVE) - Summary

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

S7242 (ACTIVE) - Sponsor Memo

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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