The New York State Senate

                    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.