S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10275
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
   read once and referred to the Committee on Codes
 
 AN  ACT  to amend the criminal procedure law and the mental hygiene law,
   in relation to allowing for principals to be remanded into custody for
   drug treatment where there is a risk of continued substance abuse

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 510.10 of the criminal procedure law is amended by
 adding three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR  OF
 THIS  SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE  ABUSE  AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (B) ADMISSION BY THE PRINCIPAL  THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (C)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
   (E)  THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13939-02-2
 A. 10275                            2
 
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF, OR AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT  AND  SUPER-
 VISION,  THE  COURT  SHALL ORDER A DULY LICENSED PROFESSIONAL TO MONITOR
 SUCH PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR  TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE. TREATMENT, INCLUDING BUT NOT  LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER  PROPOSALS  FOR
 THE  CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S  EVALUATION.    THE  PRINCIPAL,  SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C.  THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY,
 PRIOR TO HIS OR HER ARRAIGNMENT. IF  WITHIN  SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR HER
 CONTROLLED SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY  A
 LICENSED  PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF
 THE SHERIFF OR CONFINED AT A TREATMENT OR  MENTAL  HEALTH  FACILITY  AND
 THAT  THE  PRINCIPAL  IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR
 THERE IS NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON  HIS  OR
 HER  RELEASE  FROM  CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS,  CONVICTIONS  AND ANY RECORD OF PARTICIPATION IN ANY DRUG COURT
 AND SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM  THE
 CUSTODY  OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL
 HEALTH FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 THE  REMAINDER  OF  THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD OF CUSTODY OR
 CONFINEMENT.
   § 2. Subdivision 1 of section 530.20 of the criminal procedure law  is
 amended  by  adding  three  new  paragraphs  (c), (e) and (f) to read as
 follows:
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION,  THE  COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE  ABUSE  AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (I)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
 A. 10275                            3
 
   (II) ADMISSION BY THE PRINCIPAL THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (III) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (IV)  A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED
 TO SUBSTANCE ABUSE;
   (V) THE ARRESTING OFFICER'S TESTIMONY OF  WITNESSING  THE  PRINCIPAL'S
 USE OF A CONTROLLED SUBSTANCE; AND
   (VI)   THE   PRINCIPAL'S  POSSESSION  OF  A  CONTROLLED  SUBSTANCE  OR
 POSSESSION OF PARAPHERNALIA RELATED THERETO.
   (E) UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.  TREATMENT,  INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  IMMEDIATE  RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR
 THE CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE  COMPLETION  OF  SUCH  PRINCIPAL'S EVALUATION.   THE PRINCIPAL, SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   (F) THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A  HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL  HEALTH  FACILITY,
 PRIOR  TO  HIS  OR  HER  ARRAIGNMENT. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR  HER
 CONTROLLED  SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY A
 LICENSED PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY  OF
 THE  SHERIFF  OR  CONFINED  AT A TREATMENT OR MENTAL HEALTH FACILITY AND
 THAT THE PRINCIPAL IS NOT IN SUBSTANTIAL RISK FOR  SUBSTANCE  ABUSE,  OR
 THERE  IS  NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON HIS OR
 HER RELEASE FROM CUSTODY.  THE  COURT  SHALL  CONSIDER  THE  PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS, CONVICTIONS AND ANY RECORD OF PARTICIPATION IN ANY  DRUG  COURT
 AND  SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE
 CUSTODY OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL
 HEALTH  FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 THE REMAINDER OF THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD  OF  CUSTODY  OR
 CONFINEMENT.
   § 3. Section 530.40 of the criminal procedure law is amended by adding
 three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
 THIS SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH  PRINCIPAL  HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR  SUPERVISE
 A. 10275                            4
 
 SUCH  PRINCIPAL  IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL RISK OF
 CONTINUED SUBSTANCE ABUSE UPON RELEASE  FROM  CUSTODY.  ALTERNATIVE  AND
 LESS  RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (B) ADMISSION BY THE PRINCIPAL  THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (C)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
   (E)  THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF, OR AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT  AND  SUPER-
 VISION,  THE  COURT  SHALL ORDER A DULY LICENSED PROFESSIONAL TO MONITOR
 SUCH PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR  TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE. TREATMENT, INCLUDING BUT NOT  LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER  PROPOSALS  FOR
 THE  CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S  EVALUATION.    THE  PRINCIPAL,  SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C.  THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY,
 PRIOR TO HIS OR HER ARRAIGNMENT. IF  WITHIN  SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR HER
 CONTROLLED SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY  A
 LICENSED  PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF
 THE SHERIFF OR CONFINED AT A TREATMENT OR  MENTAL  HEALTH  FACILITY  AND
 THAT  THE  PRINCIPAL  IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR
 THERE IS NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON  HIS  OR
 HER  RELEASE  FROM  CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS,  CONVICTIONS  AND ANY RECORD OF PARTICIPATION IN ANY DRUG COURT
 AND SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM  THE
 CUSTODY  OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL
 HEALTH FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 A. 10275                            5
 
 THE  REMAINDER  OF  THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD OF CUSTODY OR
 CONFINEMENT.
   §  4.  The fourth undesignated paragraph of section 9.01 of the mental
 hygiene law, as amended by chapter 723 of the laws of 1989,  is  amended
 to read as follows:
   "likelihood to result in serious harm" or "likely to result in serious
 harm"  means  (a)  a  substantial risk of physical harm to the person as
 manifested by threats of or attempts at suicide or serious bodily  harm,
 A  DRUG  OVERDOSE  REQUIRING  THE  USE OF AN OPIOID ANTAGONIST, or other
 conduct demonstrating  that  the  person  is  dangerous  to  himself  or
 herself,  or (b) a substantial risk of physical harm to other persons as
 manifested by homicidal or other violent behavior by  which  others  are
 placed in reasonable fear of serious physical harm.
   §  5.  Paragraph  1  of  subdivision (a) of section 9.37 of the mental
 hygiene law, as amended by chapter 251 of the  laws  of  1972  and  such
 section  as renumbered by chapter 978 of the laws of 1977, is amended to
 read as follows:
   1. substantial risk of physical  harm  to  himself  as  manifested  by
 threats  of  or attempts at suicide or serious bodily harm, A DRUG OVER-
 DOSE REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct  demon-
 strating that he is dangerous to himself, or
   §  6.  Paragraph  1  of  subdivision (a) of section 9.39 of the mental
 hygiene law, as amended by chapter 789 of the laws of 1985,  is  amended
 to read as follows:
   1.  substantial  risk  of  physical  harm  to himself as manifested by
 threats of or attempts at suicide or serious bodily harm, A  DRUG  OVER-
 DOSE  REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct demon-
 strating that he is dangerous to himself, or
   § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:
 § 9.41 Emergency admissions for immediate observation, care, and  treat-
          ment; powers of certain peace officers and police officers.
   Any  peace  officer,  when  acting  pursuant to his special duties, or
 police officer who is a member of the state police or of  an  authorized
 police  department  or  force or of a sheriff's department may take into
 custody any person who appears to be  mentally  ill  and  is  conducting
 himself in a manner which is likely to result in serious harm to himself
 or  others.    "Likelihood  to  result  in  serious harm" shall mean (1)
 substantial risk of physical harm to himself as manifested by threats of
 or attempts at suicide or serious bodily harm, A DRUG OVERDOSE REQUIRING
 THE USE OF AN OPIOID ANTAGONIST, or other conduct demonstrating that  he
 is  dangerous  to himself, or (2) a substantial risk of physical harm to
 other persons as manifested by homicidal or other  violent  behavior  by
 which  others  are  placed  in reasonable fear of serious physical harm.
 Such officer may direct the removal of such person or remove him to  any
 hospital  specified  in  subdivision (a) of section 9.39 or, pending his
 examination or admission to any such hospital,  temporarily  detain  any
 such  person in another safe and comfortable place, in which event, such
 officer shall immediately notify the director of community services  or,
 if  there  be  none,  the  health  officer of the city or county of such
 action.
   § 8. Paragraph 3 of subdivision (a) of section  22.09  of  the  mental
 hygiene law, as amended by section 1 of part D of chapter 69 of the laws
 of 2016, is amended to read as follows:
   3.  "Likelihood to result in harm" or "likely to result in harm" means
 (i) a substantial risk of physical harm to the person as  manifested  by
 A. 10275                            6
 
 threats  of  or attempts at suicide or serious bodily harm, A DRUG OVER-
 DOSE REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct  demon-
 strating  that  the person is dangerous to himself or herself, or (ii) a
 substantial  risk  of  physical  harm  to other persons as manifested by
 homicidal or other violent  behavior  by  which  others  are  placed  in
 reasonable fear of serious physical harm.
   §  9.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that  section  five  of  this  act
 shall  take  effect  on the same date as the reversion of paragraph 1 of
 subdivision (a) of section 9.37 of the mental hygiene law as provided in
 section 21 of chapter 723 of the laws of 1989, as amended; and  provided
 further,  however,  that  section seven of this act shall take effect on
 the same date as the reversion of section 9.41 of the mental hygiene law
 as provided in section 21 of  chapter  723  of  the  laws  of  1989,  as
 amended.