The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  916--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, LAVINE, WALLACE -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01953-03-1
 A. 916--A                           2
 
 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. POLICE SHALL MAKE REASONABLE EFFORTS
 TO  CONTACT THE INDIVIDUALS REFERENCED IN PARAGRAPHS (C), (D), (E), (F),
 (G), (H), (I) AND (J) OF THIS SUBDIVISION IN SITUATIONS WHEN POLICE HAVE
 REASON TO BELIEVE THAT A PRINCIPAL IS SUFFERING FROM  MENTAL  HEALTH  OR
 SUBSTANCE ABUSE ISSUES AS COVERED BY THIS SUBDIVISION.
   §  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.
   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-OO  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 added by section  1-a  of  part
 JJJ of chapter 59 of the laws of 2019, is amended and a new subparagraph
 (ix) is 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[.]  AND  SHALL  ALSO MAKE ALL REASONABLE EFFORTS TO CONTACT THE
 INDIVIDUALS REFERENCED IN SUBPARAGRAPH (IX) OF THIS PARAGRAPH TO  INFORM
 SUCH INDIVIDUALS OF THE SITUATION;
   (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
 A. 916--A                           3
 
   (H)  A  PAROLE  OFFICER OR PROBATION OFFICER ASSIGNED TO SUPERVISE THE
 PERSON.
   § 4. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   §  99-OO.  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
 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.