S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1826
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, LAVINE, WALLACE -- read once and
   referred 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02849-02-3
              

 A. 1826                             2
 
 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-QQ 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. Subparagraphs (viii), (x) and (xi) of paragraph (b)  of  subdivi-
 sion  1  of  section  150.20 of the criminal procedure law, subparagraph
 (viii) as amended and subparagraphs (x) and (xi) as added by  section  1
 of  subpart  B of part UU of chapter 56 of the laws of 2022, are amended
 and a new subparagraph (xii) 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 (XII) OF THIS PARAGRAPH TO INFORM
 SUCH INDIVIDUALS OF THE SITUATION;
   (x)  the  person  is eighteen years of age or older and charged with a
 hate crime as defined in section 485.05 of the penal law; [or]
   (xi) the offense is a qualifying offense pursuant to paragraph (t)  of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter[.] ; OR
   (XII) 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
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 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.
   § 4. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. 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.