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:
              

 § 520.50 BAIL SURCHARGE; MENTAL HEALTH AND SUBSTANCE ABUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14742-04-0

 S. 7242                             2
 
   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:
   § 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

 S. 7242                             3
 
 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.