S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2398
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   statewide  emergency  and  crisis response council to plan and provide
   support regarding the operation and financing of high-quality emergen-
   cy and crisis response services  for  persons  experiencing  a  mental
   health, alcohol use, or substance use crisis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Daniel's law".
   § 2. Legislative findings and intent. It is the purpose of this act to
 promote the public health, safety and welfare of all citizens by broadly
 ensuring a public health-based response to anyone in New York experienc-
 ing  a  mental health, alcohol use or substance use crisis; to offer and
 ensure the most appropriate response to, and treatment  of,  individuals
 experiencing  crisis  due  to  mental  health conditions, alcohol use or
 substance use conditions; and to deescalate crisis situations so that as
 few New Yorkers as possible experience nonconsensual transport,  use  of
 force,  or  criminal  consequences as a result of mental health, alcohol
 use or substance abuse crises.
   § 3. Section 41.01 of the mental hygiene law, as amended by chapter 37
 of the laws of 2011, is amended to read as follows:
 § 41.01 Declaration of purpose.
   (A) This article is designed to enable and encourage local governments
 to develop in the community preventive, rehabilitative, CRISIS RESPONSE,
 and treatment services offering continuity of care; to  improve  and  to
 expand  existing community programs for persons with mental illness, AND
 developmental disabilities, and those [suffering from  the  diseases  of
 alcoholism]   WITH  ALCOHOL  USE  DISORDER  and  substance  [abuse]  USE
 DISORDER; to plan for the integration of community  and  state  services
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04260-01-3
              

 S. 2398                             2
 
 and  facilities  for  individuals  with mental disabilities, ALCOHOL USE
 DISORDERS, AND SUBSTANCE USE DISORDERS;  and  to  cooperate  with  other
 local  governments and with the state in the provision of joint services
 and sharing of [manpower] PERSONNEL resources.
   (B)  Effective implementation of this article requires the [direction]
 ESTABLISHMENT and administration, by each local governmental unit, of  a
 local  comprehensive  planning  process for its geographic area in which
 all providers  of  services  shall  participate  and  cooperate  in  the
 provision of all necessary information. [It] THIS ARTICLE also initiates
 a  planning  effort  involving  the  state,  local governments and other
 providers of service for the purpose of  promoting  continuity  of  care
 through  the development of integrated systems of care and treatment for
 individuals with mental illness,  developmental  disabilities,  and  for
 those  [suffering  from  the  diseases  of  alcoholism] WITH ALCOHOL USE
 DISORDER and substance [abuse] USE DISORDER.
   (C) SUCH PLANNING EFFORT MUST ALSO SPECIFICALLY ADDRESS  THE  DEVELOP-
 MENT  OF  AN  EFFECTIVE  CRISIS RESPONSE SYSTEM THAT INCLUDES THE USE OF
 NON-POLICE, COMMUNITY-RUN CRISIS FIRST RESPONDER TEAMS  UTILIZING  PEERS
 AND  INDEPENDENT  EMERGENCY  MEDICAL TECHNICIANS AS FIRST RESPONDERS. TO
 ENSURE THE DEVELOPMENT OF A COMPREHENSIVE AND INCLUSIVE PLAN, THE CRISIS
 SERVICES PLANNING EFFORT MUST INCLUDE AT LEAST FIFTY-ONE  PERCENT  PEERS
 AND  FAMILY  PEERS,  AND THE REMAINING FORTY-NINE PERCENT MUST BE FAMILY
 MEMBERS AND EMERGENCY MEDICAL RESPONSE PROVIDERS WHO SHALL BE  INDEPEND-
 ENT  OF  ANY LOCAL GOVERNMENT'S EMERGENCY SERVICES DEPARTMENT, AND OPER-
 ATED BY A NON-GOVERNMENTAL ORGANIZATION VIA A CONTRACT  WITH  THE  LOCAL
 GOVERNMENT  PROVIDERS  OF  CRISIS  SERVICES,  9-8-8 PERSONNEL, AND OTHER
 NON-GOVERNMENTAL COMMUNITY AGENCIES WHICH MAY COME  IN  CONTACT  WITH  A
 PERSON  EXPERIENCING  A  MENTAL  HEALTH  OR ALCOHOL USE OR SUBSTANCE USE
 CRISIS.
   § 4. Section 41.03 of the mental hygiene law is amended by adding  six
 new subdivisions 14, 15, 16, 17, 18 and 19 to read as follows:
   14.  "EMERGENCY  AND  CRISIS SERVICES PLAN" MEANS A PLAN WHICH IS PART
 OF, AND SUBMITTED WITH, THE LOCAL SERVICES  PLAN,  BUT  IS  PLANNED  AND
 DEVELOPED  SPECIFICALLY TO ENSURE THAT ALL SERVICES, POLICIES, TRAINING,
 PROCEDURES, EXPENDITURES AND CONTRACTS FOR SERVICES AND  PROCESSES  USED
 TO  ASSIST PEOPLE EXPERIENCING MENTAL HEALTH OR ALCOHOL USE OR SUBSTANCE
 USE CRISES ARE PEER-FOCUSED, DESIGNED TO DECREASE  CONTACT  WITH  POLICE
 AND CENTERED ON INCREASED ACCESS TO CARE OF THE HIGHEST QUALITY.
   15.  "ELIGIBLE  EMERGENCY AND CRISIS RESPONSE SERVICES" MEANS SERVICES
 ELIGIBLE FOR FUNDING UNDER SECTION 41.18 OF THIS ARTICLE, INCLUDING  BUT
 NOT LIMITED TO, CRISIS RESPONSE TEAMS, CRISIS STABILIZATION SERVICES AND
 CENTERS,  PEER  LIVING  ROOMS, PEER SUPPORT CENTERS, MOBILE CRISIS TEAMS
 NOT UTILIZING LAW ENFORCEMENT AS PART OF  THE  TEAM,  CRISIS  COLLABORA-
 TIVES, PEER CRISIS SERVICES, AND CRISIS SYSTEM OVERSIGHT AND MANAGEMENT,
 WHICH ARE INCLUDED IN AN EMERGENCY AND CRISIS SERVICES PLAN.
   16.  "CRISIS  RESPONSE TEAM" MEANS ONE EXTENSIVELY-TRAINED PEER ACTING
 AS A CRISIS WORKER AND ONE EMERGENCY MEDICAL TECHNICIAN  INDEPENDENT  OF
 ANY  LOCAL GOVERNMENT'S EMERGENCY SERVICES DEPARTMENT, AND OPERATED BY A
 NON-GOVERNMENTAL AGENCY VIA A CONTRACT WITH THE LOCAL GOVERNMENT.
   17. "PEER" MEANS AN INDIVIDUAL WITH  LIVED  MENTAL  HEALTH  EXPERIENCE
 AND/OR ALCOHOL USE OR SUBSTANCE USE DISORDER EXPERIENCE, WHO HAS EXPERI-
 ENCE NAVIGATING SYSTEMS SUCH AS THE HEALTHCARE, MENTAL HEALTH, JUDICIAL,
 CRIMINAL LEGAL, HOUSING, EDUCATION, AND EMPLOYMENT SYSTEMS.
   18.  "FAMILY  PEER"  MEANS  AN INDIVIDUAL WITH LIVED EXPERIENCE AS THE
 BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, OR  THE  PRIMARY  CAREGIVER,  OF
 CHILDREN/YOUTH  WITH  SOCIAL,  EMOTIONAL,  BEHAVIORAL,  MENTAL HEALTH OR
 S. 2398                             3
 
 ALCOHOL USE OR SUBSTANCE USE DISORDERS, WHO HAVE  EXPERIENCE  NAVIGATING
 SYSTEMS SUCH AS THE HEALTHCARE, MENTAL HEALTH, JUDICIAL, CRIMINAL LEGAL,
 HOUSING, EDUCATION, AND EMPLOYMENT SYSTEMS.
   19.  "STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL" MEANS THE COUN-
 CIL CREATED PURSUANT TO SECTION 5.08 OF THIS CHAPTER.
   § 5. Section 41.07 of the mental hygiene law is amended  by  adding  a
 new subdivision (d) to read as follows:
   (D)  IN  DEVELOPING  THE EMERGENCY AND CRISIS SERVICES PLAN DEFINED BY
 SUBDIVISION FOURTEEN OF SECTION 41.03 OF THIS ARTICLE  AND  MANDATED  BY
 PARAGRAPH SEVENTEEN OF SUBDIVISION (A) OF SECTION 41.13 OF THIS ARTICLE,
 LOCAL  GOVERNMENTS  ARE ENCOURAGED TO DEVELOP JOINT PLANS FOR A REGIONAL
 OR SUB-REGIONAL SERVICE AREA TO MAXIMIZE THE  USE  AND  AVAILABILITY  OF
 CRISIS  AND  EMERGENCY  SERVICES  FOR  ALL PERSONS EXPERIENCING A MENTAL
 HEALTH OR ALCOHOL USE OR SUBSTANCE USE CRISIS IN THAT REGION OR  SUB-RE-
 GION.
   §  6.  Subdivision  (a)  of section 41.13 of the mental hygiene law is
 amended by adding a new paragraph 17 to read as follows:
   17. SUBMIT AN EMERGENCY AND CRISIS SERVICES PLAN, EITHER ALONE OR WITH
 OTHER LOCAL GOVERNMENTS IN A REGION OR SUB-REGION, AS REQUIRED BY SUBDI-
 VISION FOURTEEN OF SECTION 41.03 OF THIS ARTICLE TO COMPREHENSIVELY PLAN
 FOR EMERGENCY AND CRISIS SERVICES AS IS REQUIRED BY THIS CHAPTER.
   (I) THE EMERGENCY AND CRISIS SERVICES PLANNING PROCESS  SHALL  INCLUDE
 PEERS, FAMILY PEERS, FAMILY MEMBERS, EMERGENCY MEDICAL  RESPONSE PROVID-
 ERS, 9-8-8 PERSONNEL AND PERSONNEL OF OTHER COMMUNITY AGENCIES WHICH MAY
 COME IN  CONTACT WITH  A  PERSON  EXPERIENCING  A MENTAL HEALTH OR ALCO-
 HOL USE OR SUBSTANCE USE CRISIS. PEERS AND FAMILY PEERS SHALL CONSTITUTE
 AT LEAST FIFTY-ONE PERCENT OF THE PLANNING  GROUP.
   (II)  THE EMERGENCY AND CRISIS SERVICES PLAN SHALL BE  CONSISTENT WITH
 THE COMMISSIONER'S REGULATIONS FOR   CRISIS  SERVICES  PLANS,  DEVELOPED
 PURSUANT  TO  SUBDIVISION  (F)  OF  SECTION  5.05  OF THIS CHAPTER AFTER
 CONSULTATION WITH THE  STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL.
   § 7. Subdivision (b) of section 41.18 of the  mental  hygiene  law  is
 amended by adding a new paragraph (vi) to read as follows:
   (VI)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION, LOCAL
 GOVERNMENTS, INDIVIDUALLY OR JOINTLY, SHALL BE GRANTED STATE AID OF  ONE
 HUNDRED  PERCENT  OF  THE  NET  OPERATING  COSTS  EXPENDED BY SUCH LOCAL
 GOVERNMENTS, AND BY VOLUNTARY AGENCIES WHICH HAVE CONTRACTED  WITH  SUCH
 LOCAL GOVERNMENTS, FOR ELIGIBLE EMERGENCY AND CRISIS SERVICES AS DEFINED
 BY  SUBDIVISION  FIFTEEN  OF  SECTION  41.03  OF THIS ARTICLE   THAT ARE
 INCLUDED IN AN APPROVED EMERGENCY  AND  CRISIS  SERVICES  PLAN.  FUNDING
 PROVIDED  PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE  AUTHORIZED  ONLY FOR
 SERVICES THAT HAVE A NON-POLICE, NON-LAW  ENFORCEMENT,  OR  NON-CRIMINAL
 LEGAL COMPONENT AND INCLUDE PEERS.
   §  8. Section 5.05 of the mental hygiene law is amended by adding four
 new subdivisions (f), (g), (h) and (i) to read as follows:
   (F)  THE  COMMISSIONER  OF  MENTAL  HEALTH  AND  THE  COMMISSIONER  OF
 ADDICTION  SERVICES AND SUPPORTS SHALL BE JOINTLY RESPONSIBLE FOR DEVEL-
 OPING AND REVISING AS NECESSARY, IN REGULATION, SPECIFIC  STANDARDS  AND
 PROCEDURES  FOR  THE  OPERATION  AND  FINANCING  OF CRISIS AND EMERGENCY
 SERVICES, AFTER CONSULTATION WITH THE  STATEWIDE  EMERGENCY  AND  CRISIS
 RESPONSE  COUNCIL.  SUCH STANDARDS AND PROCEDURES SHALL REQUIRE THAT THE
 EMERGENCY AND CRISIS SERVICES PLANS INCLUDE A COMPREHENSIVE APPROACH  TO
 OVERSEE  AND  MEASURE  THE  APPROVED  PLAN'S EFFECTIVENESS IN DELIVERING
 HIGH-QUALITY, PEER-FOCUSED  CRISIS  SERVICES,  INCLUDING  RESPONSE  TIME
 STANDARDS,  AND PERIODIC REPORTING REQUIREMENTS. THE COMMISSIONERS SHALL
 REQUIRE SPECIFIC METRICS THAT APPROVED PLANS SHALL UTILIZE  TO  EVALUATE
 S. 2398                             4
 
 SYSTEM  PROGRESS,  EFFECTIVENESS,  AND  APPROPRIATE  RESPONSE  TIMES  TO
 CRISES, WHICH SHALL BE THE SAME AS OR LESS THAN CURRENT  RESPONSE  TIMES
 FOR OTHER HEALTH CRISES.
   (G)  THE  COMMISSIONER  OF  MENTAL  HEALTH  AND  THE  COMMISSIONER  OF
 ADDICTION SERVICES AND SUPPORTS SHALL BE JOINTLY RESPONSIBLE  TO  ENSURE
 THAT:
   (1)  A  NON-POLICE,  COMMUNITY-RUN  PUBLIC  HEALTH-BASED RESPONSE THAT
 UTILIZES TRAINED  PEER  AND  INDEPENDENT  EMERGENCY  MEDICAL  TECHNICIAN
 CRISIS  RESPONSE   TEAMS   FOR   ANYONE   EXPERIENCING A  MENTAL HEALTH,
 ALCOHOL USE OR SUBSTANCE USE CRISIS IS ESTABLISHED.  ANY CRISIS RESPONSE
 TEAM MAY REQUEST THAT A  PEACE OFFICER  AS  DEFINED  BY  SECTION 2.10 OF
 THE CRIMINAL PROCEDURE LAW, OR POLICE OFFICER AS DEFINED BY SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW, TRANSPORT A PERSON IN  DISTRESS  DUE   TO
 MENTAL  HEALTH  CONDITIONS OR ALCOHOL USE OR SUBSTANCE  USE,  WHEN  SUCH
 TEAM  HAS EXHAUSTED ALTERNATIVE METHODS FOR OBTAINING CONSENT FROM  SUCH
 PERSON,  SUCH   PERSON REFUSES  TREATMENT  OR TRANSPORT  FROM THE CRISIS
 RESPONSE TEAM; AND:
   (I) SUCH PERSON POSES 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 IMMINENT SERIOUS  PHYSICAL
 HARM; OR
   (II)   SUCH   CRISIS  RESPONSE  TEAM  MAKES  AN ASSESSMENT,  IN  LIGHT
 OF  THE  TOTALITY OF THE CIRCUMSTANCES, THAT THE CRISIS RESPONSE TEAM IS
 AT RISK OF IMMINENT PHYSICAL VIOLENCE DUE TO THE PERSON'S ACTIONS;
   (2) THE CRISIS RESPONSE TEAMS OPERATE TWENTY-FOUR HOURS A  DAY,  THREE
 HUNDRED SIXTY-FIVE DAYS A YEAR;
   (3) THE CRISIS RESPONSE TEAMS RECEIVE CULTURALLY COMPETENT, TRAUMA-IN-
 FORMED, EXPERIENTIALLY-BASED, AND PEER-LED TRAINING;
   (4) THE AVERAGE RESPONSE  TIME  FOR  THE  CRISIS RESPONSE TEAMS IS THE
 SAME AS OR LESS THAN THE CURRENT RESPONSE TIME FOR OTHER HEALTH CRISES;
   (5)  THE  CRISIS  RESPONSE TEAMS DE-ESCALATE ANY  SITUATION  INVOLVING
 INDIVIDUALS EXPERIENCING CRISIS  DUE  TO   MENTAL   HEALTH   CONDITIONS,
 ALCOHOL  USE, OR SUBSTANCE USE AND AVOID THE USE OF NONCONSENSUAL TREAT-
 MENT, TRANSPORT, OR FORCE WHEREVER POSSIBLE;
   (6) THE MOST APPROPRIATE TREATMENT IS PROVIDED TO INDIVIDUALS  EXPERI-
 ENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
   (7)  VOLUNTARY  ASSESSMENT  AND REFERRAL OF INDIVIDUALS EXPERIENCING A
 MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS ARE MAXIMIZED;
   (8) ARREST, DETENTION, AND CONTACT WITH THE CRIMINAL LEGAL  SYSTEM  OF
 INDIVIDUALS  EXPERIENCING  A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
 CRISIS ARE MINIMIZED;
   (9) THE NUMBER OF INDIVIDUALS WHO   EXPERIENCE   PHYSICAL HARM  AND/OR
 TRAUMA  AS  A  RESULT  OF  A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
 CRISIS ARE MINIMIZED;
   (10) 9-8-8 PERSONNEL RESPOND  TO  INDIVIDUALS  EXPERIENCING  A  MENTAL
 HEALTH,  ALCOHOL  USE OR SUBSTANCE USE CRISIS AND ARE OPTIMALLY UTILIZED
 AND INTEGRATED IN THE EMERGENCY AND CRISIS SERVICES PLAN;
   (11) A DETAILED PLAN TO MANAGE, OVERSEE, MONITOR AND REGULARLY  REPORT
 ON THE OPERATION OF THE PROPOSED CRISIS RESPONSE SYSTEM WHICH MEETS  THE
 REQUIREMENTS FOR THESE ACTIVITIES AS REQUIRED BY SUBDIVISION (I) OF THIS
 SECTION IS ESTABLISHED;
   (12)  WHENEVER  AN EMERGENCY HOTLINE IN NEW YORK STATE, SUCH AS 911 OR
 311, RECEIVES A CALL  REGARDING  AN  INDIVIDUAL  EXPERIENCING  A  MENTAL
 HEALTH,  ALCOHOL  USE  OR  SUBSTANCE USE CRISIS, SUCH HOTLINE WILL REFER
 SUCH CALL TO THE CRISIS RESPONSE TEAM FOR THE RELEVANT GEOGRAPHIC  AREA;
 AND
 S. 2398                             5
 
   (13)  THE CRISIS RESPONSE TEAMS EFFECTIVELY RESPOND TO ALL INDIVIDUALS
 EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE  CRISIS  WITH
 CULTURALLY  COMPETENT, TRAUMA-INFORMED CARE AND WITHOUT REGARD TO SOURCE
 OF FUNDING.
   (H) (1) WITHIN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION,  THE  COMMISSIONER  OF  MENTAL  HEALTH  AND  THE  COMMISSIONER  OF
 ADDICTION SERVICES AND SUPPORTS SHALL SELECT AN INDEPENDENT ORGANIZATION
 TO CONDUCT AN EVALUATION OF THE STATEWIDE IMPACT OF  THE  EMERGENCY  AND
 CRISIS RESPONSE SERVICES MANDATED BY THIS SECTION ON:
   (I)  THE  NUMBER OF CALLS TO, AND RESPONSES SENT BY, DISPATCH SERVICES
 INCLUDING 311, 911, AND 988 IN RESPONSE TO  PEOPLE  EXPERIENCING  MENTAL
 HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISES;
   (II) THE TYPES OF CRISES RESPONDED TO;
   (III) THE DISPOSITION AND BRIEF DESCRIPTION OF THE RESULT OF EACH SUCH
 CALL, ANONYMIZED TO PROTECT INDIVIDUALS' PRIVACY;
   (IV)  DEMOGRAPHIC  INFORMATION  INCLUDING THE RACE, ETHNICITY, GENDER,
 DISABILITY, AND AGE OF ANY INDIVIDUAL WHO IS THE SUBJECT OF ANY DISPATCH
 CALL OR INTERACTION BY A LOCAL CRISIS RESPONSE TEAM;
   (V) THE DETAILS AND DESTINATION OF TRANSPORT OF ANY PERSON  EXPERIENC-
 ING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
   (VI) THE SERVICES PROVIDED TO SUCH INDIVIDUALS;
   (VII) THE IMPACT OF EMERGENCY AND CRISIS RESPONSE SERVICES MANDATED BY
 THIS  SECTION  ON  EMERGENCY  ROOM  VISITS,  USE OF AMBULATORY SERVICES,
 HOSPITALS AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE  PUBLIC  HEALTH  LAW
 AND/OR MENTAL HEALTH FACILITIES AS DEFINED IN SECTION 1.03 OF THE MENTAL
 HYGIENE LAW; AND
   (VIII)  THE  INVOLVEMENT  OF LAW ENFORCEMENT IN MENTAL HEALTH, ALCOHOL
 USE OR SUBSTANCE USE CRISES, INCLUDING ANY USE  OF  FORCE  OR  RESTRAINT
 TACTICS OR DEVICES.
   (2)  THE  COMMISSIONER  OF  MENTAL  HEALTH  AND  THE  COMMISSIONER  OF
 ADDICTION SERVICES AND SUPPORTS SHALL DIRECT THE  ORGANIZATION  SELECTED
 UNDER  PARAGRAPH  ONE OF THIS SUBDIVISION TO ISSUE ITS EVALUATION WITHIN
 SIX MONTHS OF THE FIRST OPERATING DATE OF ANY APPROVED REGIONAL EMERGEN-
 CY AND CRISIS SERVICES PLAN, AND SHALL INCLUDE DATA  FROM  ANY  REGIONAL
 PLAN THEN APPROVED AND OPERATING IN THE STATE.  SUCH EVALUATION SHALL BE
 MADE  PUBLICLY  AVAILABLE  AND  POSTED  ON THE DEPARTMENT'S WEBSITE UPON
 RECEIPT BY SUCH COMMISSIONERS.  IN ADDITION TO  THE  REPORTING  REQUIRE-
 MENTS  ESTABLISHED  PURSUANT  TO  PARAGRAPH ONE OF THIS SUBDIVISION, THE
 COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES
 AND SUPPORTS SHALL COLLECT ALL DATA LISTED UNDER PARAGRAPH ONE  OF  THIS
 SUBDIVISION,  AND  SHALL  REPORT SUCH DATA IN A FORM  AND MANNER THAT IS
 ACCESSIBLE TO THE PUBLIC VIA THE DEPARTMENT'S WEBSITE.   THE FIRST  DATA
 REPORT  REQUIRED  BY  THIS  PARAGRAPH,  AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, SHALL BE MADE PUBLIC WITHIN NINETY DAYS OF THE APPROVAL  OF
 ANY  REGIONAL  EMERGENCY  AND  CRISIS  RESPONSE  PLAN, AND SHALL BE MADE
 PUBLIC IN AN ONGOING MANNER EVERY NINETY  DAYS  THEREAFTER  AND  INCLUDE
 DATA  FROM  EVERY  ACTIVE  REGIONAL  EMERGENCY  AND CRISIS RESPONSE PLAN
 APPROVED BY THE COMMISSIONERS OF MENTAL HEALTH AND THE  COMMISSIONER  OF
 ADDICTION SERVICES AND SUPPORTS.
   (3) NO LATER THAN TWELVE MONTHS AFTER THE APPROVAL BY THE COMMISSIONER
 OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS
 OF  ANY REGIONAL EMERGENCY AND CRISIS RESPONSE PLAN, THE COMMISSIONER OF
 MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION  SERVICES  AND  SUPPORTS
 SHALL PREPARE A COMPREHENSIVE REPORT TO THE GOVERNOR AND THE LEGISLATURE
 SPECIFYING:
 S. 2398                             6
 
   (I)  THE  RESULTS OF THE EVALUATION CARRIED OUT UNDER PARAGRAPH ONE OF
 THIS SUBDIVISION;
   (II) THE NUMBER OF INDIVIDUALS WHO RECEIVED QUALIFYING COMMUNITY-BASED
 CRISIS RESPONSE SERVICES;
   (III)  DEMOGRAPHIC  INFORMATION REGARDING SUCH INDIVIDUALS WHEN AVAIL-
 ABLE, INCLUDING THE RACE, ETHNICITY, AGE, DISABILITY, SEX, SEXUAL ORIEN-
 TATION, GENDER IDENTITY, AND GEOGRAPHIC LOCATION OF SUCH INDIVIDUALS;
   (IV) THE PROCESSES AND MODELS DEVELOPED BY LOCAL GOVERNMENTS IN  THEIR
 EMERGENCY  AND  CRISIS  SERVICES PLANS TO PROVIDE COMMUNITY-BASED CRISIS
 RESPONSE SERVICES, INCLUDING THE PROCESSES DEVELOPED TO  PROVIDE  REFER-
 RALS FOR, OR COORDINATION WITH, FOLLOW-UP CARE AND SERVICES;
   (V) THE DIVERSION OF INDIVIDUALS FROM JAILS, INCARCERATION, OR SIMILAR
 SETTINGS;
   (VI)  THE DIVERSION OF INDIVIDUALS FROM PSYCHIATRIC HOSPITALS, COMMIT-
 MENTS UNDER CHAPTER FOUR HUNDRED EIGHT OF THE LAWS OF  NINETEEN  HUNDRED
 NINETY-NINE, CONSTITUTING KENDRA'S LAW, AND OTHER INVOLUNTARY SERVICES;
   (VII)  THE  EXPERIENCES  OF  INDIVIDUALS  WHO  RECEIVE COMMUNITY-BASED
 CRISIS RESPONSE SERVICES;
   (VIII)  THE  SUCCESSFUL  CONNECTION  OF  INDIVIDUALS  WITH   FOLLOW-UP
 SERVICES;
   (IX)  THE  UTILIZATION  OF  SERVICES  BY  UNDERSERVED AND HISTORICALLY
 EXCLUDED COMMUNITIES, INCLUDING  BLACK, INDIGENOUS AND PEOPLE  OF  COLOR
 (BIPOC) POPULATIONS;
   (X) THE COST OR COST SAVINGS ATTRIBUTABLE TO SUCH EMERGENCY AND CRISIS
 RESPONSE SERVICES;
   (XI)  OTHER RELEVANT OUTCOMES IDENTIFIED BY THE COMMISSIONER OF MENTAL
 HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS  AND  THE
 STATEWIDE ADVISORY EMERGENCY AND CRISIS RESPONSE COUNCIL;
   (XII)  HOW ALL ON-GOING ASPECTS OF ASSESSMENT COMPARE WITH THE HISTOR-
 ICAL MEASURES OF SUCH ASSESSMENTS; AND
   (XIII) RECOMMENDATIONS FOR IMPROVEMENTS TO THE  EMERGENCY  AND  CRISIS
 SERVICES SYSTEMS THROUGHOUT THE STATE.
   (4)  ALL  REPORTS  AND  EVALUATIONS  CONDUCTED  BY THE COMMISSIONER OF
 MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION  SERVICES  AND  SUPPORTS
 SHALL  BE  MADE  PUBLICLY  AVAILABLE,  INCLUDING  ON  THE WEBSITE OF THE
 DEPARTMENT.
   (I) THE COMMISSIONERS OF MENTAL  HEALTH  AND  ADDICTION  SERVICES  AND
 SUPPORTS  AND THE COUNCIL CREATED PURSUANT TO SECTION 5.08 OF THIS ARTI-
 CLE, SHALL BE JOINTLY RESPONSIBLE FOR  APPROVAL  OF  THE  EMERGENCY  AND
 CRISIS SERVICES PLAN COMPONENT OF A LOCAL SERVICES PLAN SUBMITTED BY ONE
 OR  MORE  LOCAL GOVERNMENTAL UNITS.  EACH PLAN SHALL HAVE AN ATTESTATION
 THAT SUCH PLAN WAS DEVELOPED AS PRESCRIBED  IN  PARAGRAPH  SEVENTEEN  OF
 SUBDIVISION  (A)  OF  SECTION 41.13 OF THIS CHAPTER TO BE CONSIDERED FOR
 APPROVAL.  SUCH APPROVAL SHALL SERVE AS THE BASIS FOR  FUNDING  ELIGIBLE
 EMERGENCY  AND CRISIS SERVICES PURSUANT TO PARAGRAPH (VI) OF SUBDIVISION
 (B) OF SECTION 41.18 OF THIS CHAPTER.
   § 9. The mental hygiene law is amended by adding a new section 5.08 to
 read as follows:
 § 5.08 STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL.
   (A) THERE IS HEREBY CREATED IN THE DEPARTMENT THE STATEWIDE  EMERGENCY
 AND CRISIS RESPONSE COUNCIL TO WORK IN CONJUNCTION WITH THE COMMISSIONER
 OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS
 TO  JOINTLY APPROVE EMERGENCY AND CRISIS SERVICES PLANS SUBMITTED BY ONE
 OR MORE LOCAL GOVERNMENT UNITS, AND PROVIDE SUPPORTS ON MATTERS  REGARD-
 ING  THE  OPERATION  AND  FINANCING OF HIGH-QUALITY EMERGENCY AND CRISIS
 S. 2398                             7
 
 SERVICES PROVIDED TO PERSONS EXPERIENCING A MENTAL HEALTH,  ALCOHOL  USE
 OR SUBSTANCE USE CRISIS.
   (B) FOUR MEMBERS OF THE STATE COUNCIL SHALL BE APPOINTED BY THE GOVER-
 NOR.  SIXTEEN  MEMBERS  OF  THE  COUNCIL SHALL BE APPOINTED BY THE STATE
 LEGISLATURE, AS FOLLOWS: (1) FOUR MEMBERS  SHALL  BE  APPOINTED  BY  THE
 SPEAKER  OF  THE  ASSEMBLY;  (2)  FOUR MEMBERS SHALL BE APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE; (3) ONE MEMBER SHALL BE APPOINTED  BY
 THE    MINORITY    LEADER    OF    THE ASSEMBLY; (4) ONE MEMBER SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE SENATE; (5) TWO MEMBERS SHALL BE
 APPOINTED BY THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON MENTAL HEALTH;
 (6) TWO  MEMBERS  SHALL BE APPOINTED BY THE CHAIRPERSON  OF  THE  SENATE
 COMMITTEE  ON  MENTAL  HEALTH;  (7) ONE MEMBER SHALL BE APPOINTED BY THE
 RANKING MINORITY  MEMBER  OF THE ASSEMBLY COMMITTEE  ON  MENTAL  HEALTH;
 AND  (8) ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY MEMBER OF
 THE SENATE COMMITTEE ON MENTAL HEALTH. THE MEMBERSHIP SHALL  CONSIST  OF
 AT  LEAST FIFTY-ONE PERCENT PEERS AND FAMILY PEERS. THE ENTIRE STATEWIDE
 EMERGENCY AND CRISIS RESPONSE COUNCIL SHALL REFLECT THE STATE'S DIVERSI-
 TY OF RACE, AGE, LANGUAGE, NATIONAL ORIGIN,  ETHNICITY,  GEOGRAPHY,  AND
 DISABILITY.  AT  LEAST  ONE-THIRD OF THE COUNCIL SHALL HAVE DEMONSTRATED
 CERTIFICATION, TRAINING, OR EMPLOYMENT IN CULTURALLY COMPETENT RESPONSES
 TO MENTAL HEALTH, ALCOHOL USE OR  SUBSTANCE  USE  CRISES.  EVERY  PERSON
 APPOINTED  TO  THE  COUNCIL  SHALL  HAVE  DEMONSTRATED KNOWLEDGE OF, AND
 SKILLS IN, CULTURALLY  COMPETENT  PROVISION  OF  TRAUMA-INFORMED  MENTAL
 HEALTH,  ALCOHOL  USE, AND SUBSTANCE USE CRISIS RESPONSE SERVICES.  EACH
 MEMBER OF THE COUNCIL SHALL BE A FAMILY PEER; LICENSED MENTAL HEALTH  OR
 ADDICTION  CLINICIAN; A LICENSED MENTAL HEALTH OR ADDICTION COUNSELOR; A
 LICENSED PHYSICIAN, NURSE, OR MENTAL HEALTH  OR  ADDICTION  PROVIDER;  A
 MENTAL HEALTH OR ADDICTION COUNSELOR; A REPRESENTATIVE OF A NOT-FOR-PRO-
 FIT DISABILITY JUSTICE ORGANIZATION; AN EMERGENCY MEDICAL TECHNICIAN; OR
 A  CRISIS HEALTH CARE WORKER.
   (C)  THE MEMBERS OF THE COUNCIL, UPON SECURING A QUORUM, SHALL ELECT A
 CHAIRPERSON FROM AMONG THE MEMBERS OF THE COUNCIL BY A MAJORITY VOTE  OF
 THOSE COUNCIL MEMBERS PRESENT.
   (D)  THE TERM OF OFFICE OF MEMBERS OF THE COUNCIL SHALL BE FOUR YEARS,
 EXCEPT THAT OF THOSE MEMBERS FIRST APPOINTED, AT LEAST ONE-HALF BUT  NOT
 MORE THAN TWO-THIRDS SHALL BE FOR TERMS NOT TO EXCEED TWO YEARS.  VACAN-
 CIES  SHALL  BE  FILLED BY APPOINTMENT FOR THE REMAINDER OF AN UNEXPIRED
 TERM. THE COUNCIL MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE  EXPIRATION
 OF  THEIR  TERMS  AND  UNTIL THEIR SUCCESSORS ARE APPOINTED.  NO COUNCIL
 MEMBER SHALL BE APPOINTED TO THE COUNCIL FOR MORE THAN FOUR  CONSECUTIVE
 TERMS.
   (E) THE COUNCIL SHALL ADVISE, OVERSEE, ASSIST AND MAKE RECOMMENDATIONS
 TO  THE  COMMISSIONERS ON SPECIFIC POLICIES AND PROCEDURES REGARDING THE
 OPERATION AND FINANCING OF EMERGENCY AND CRISIS SERVICES WHICH:
   (1) ENSURE A  NON-POLICE,  TRAUMA-INFORMED,  AND  PUBLIC  HEALTH-BASED
 RESPONSE  TO  ANYONE  IN THE STATE EXPERIENCING A MENTAL HEALTH, ALCOHOL
 USE, OR SUBSTANCE USE CRISIS;
   (2) ARE DESIGNED TO DE-ESCALATE ANY  SITUATION  INVOLVING  INDIVIDUALS
 EXPERIENCING  A MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS, AND
 WHICH ELIMINATE THE  USE  OF  NON-CONSENSUAL  TREATMENT,  NON-CONSENSUAL
 TRANSPORT, AND FORCE;
   (3)  ENSURE THE MOST APPROPRIATE TREATMENT OF INDIVIDUALS EXPERIENCING
 A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
   (4) MAXIMIZE THE USE OF VOLUNTARY ASSESSMENT AND VOLUNTARY REFERRAL OF
 INDIVIDUALS EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR  SUBSTANCE  USE
 CRISIS;
 S. 2398                             8
 
   (5)  MINIMIZE  ARREST  AND  DETENTION  BY LAW ENFORCEMENT AND MINIMIZE
 CONTACT WITH THE CRIMINAL LEGAL SYSTEM FOR  INDIVIDUALS  EXPERIENCING  A
 MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS;
   (6) MINIMIZE PHYSICAL HARM AND TRAUMA FOR INDIVIDUALS WHO EXPERIENCE A
 MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS; AND
   (7)  EFFECTIVELY  RESPOND  TO  ALL  INDIVIDUALS  EXPERIENCING A MENTAL
 HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS WITH  CULTURALLY  COMPETENT
 CARE AND WITHOUT REGARD TO SOURCE OF FUNDING.
   (F)  THE  COUNCIL  SHALL  ALSO  REVIEW  EMERGENCY  AND CRISIS SERVICES
 PROGRAMS AND SYSTEMS OPERATING WITHIN THE  STATE  OR  NATIONALLY,  WHICH
 COULD  BE  DEPLOYED IN THIS STATE AS MODEL CRISIS AND EMERGENCY SERVICES
 SYSTEMS.
   (G) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY  REQUIRE,
 BUT  NO  LESS  FREQUENTLY THAN FOUR TIMES PER YEAR DURING THE FIRST FOUR
 YEARS OF THE COUNCIL'S CREATION, AND TWO  TIMES  PER  YEAR  SUBSEQUENTLY
 AFTER  THE  FIRST  FOUR  YEARS.   AT LEAST ONE OF SUCH MEETINGS PER YEAR
 SHALL BE HELD IN A MANNER AND AT A TIME  DESIGNED   TO MAXIMIZE  PARTIC-
 IPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE COUNCIL  SHALL
 BE  GOVERNED  BY  THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS
 LAW, AND SHALL BE OPEN TO AND ACCESSIBLE  BY  THE PUBLIC   INCLUDING  BY
 VIDEO CONFERENCE OR COMPUTER TO THE GREATEST EXTENT POSSIBLE.
   (H) THE PRESENCE OF TWELVE VOTING  MEMBERS  OF  THE  COUNCIL, CONSIST-
 ING  OF  AT  LEAST  FIFTY-ONE  PERCENT  OF PEERS AND FAMILY PEERS, SHALL
 CONSTITUTE A QUORUM.
   (I) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES AS MEMBERS, BUT EACH SHALL BE ALLOWED   THE    NECESSARY    AND
 ACTUAL  EXPENSES  INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS
 SECTION, INCLUDING  A  REASONABLE REIMBURSEMENT  RATE FOR TRAVEL,  LODG-
 ING, AND MEALS WHILE ATTENDING MEETINGS OF THE COUNCIL.
   §  10.  Subdivision  (a) of section 9.41 of the mental hygiene law, as
 amended by section 4 of part AA of chapter 57 of the laws  of  2021,  is
 amended to read as follows:
   (a) Any peace officer, when acting pursuant to [his or her] SUCH PEACE
 OFFICER'S 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]  EXPERIENCING  A  MENTAL  HEALTH, ALCOHOL USE OR SUBSTANCE USE
 CRISIS IN THE FOLLOWING CIRCUMSTANCES:
   1. SUCH PERSON is conducting [himself or herself] THEMSELF in a manner
 which is likely to result in [serious] AN IMMINENT RISK OF SERIOUS PHYS-
 ICAL harm to [the person or] 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 or her] SUCH PERSON to any hospital  specified  in
 subdivision  (a)  of  section 9.39 of this article, or any comprehensive
 psychiatric emergency program specified in subdivision  (a)  of  section
 9.40  of this article, or pending [his or her] SUCH PERSON'S examination
 or admission to any such hospital or COMPREHENSIVE PSYCHIATRIC EMERGENCY
 PROGRAM, [program,] temporarily detain any such person in  another  safe
 and  comfortable  place,  in which event, such officer shall immediately
 notify:
   (I) THE APPROPRIATE LOCAL CRISIS RESPONSE TEAM ESTABLISHED PURSUANT TO
 PARAGRAPH SIXTEEN OF SUBDIVISION (A) OF SECTION 41.03 OF  THIS  CHAPTER,
 IF ANY, AND the director of community services or, if there be none, the
 health officer of the city or county of such action[.];
 S. 2398                             9
 
   (II) THE STATE POLICE, OR THE DEPARTMENT OR FORCE OF WHICH THE OFFICER
 IS  A  MEMBER  AND HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY A CRISIS
 RESPONSE TEAM UNDER SUBDIVISION SIXTEEN OF SECTION 41.03 OF  THIS  CHAP-
 TER;
   (III)  A  CRISIS  RESPONSE TEAM WHICH IS PRESENT ON THE SCENE WITH THE
 OFFICER AND IS  INCAPACITATED  OR  OTHERWISE  UNABLE  TO  COMMUNICATE  A
 REQUEST THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL; OR
   2. SUCH PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
 RESULT  IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
 THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
   (I) NO CRISIS RESPONSE TEAM HAS BEEN ESTABLISHED IN THE  REGION  WHERE
 THE PERSON IS; OR
   (II)  THE  CRISIS RESPONSE TEAM HAS NOT ARRIVED TO THE PLACE WHERE THE
 PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY  TO  PREVENT  SUCH
 PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
   3.  IF  A  PEACE OFFICER, WHEN ACTING PURSUANT TO SUCH PEACE OFFICER'S
 SPECIAL DUTIES, OR A POLICE OFFICER WHO IS A MEMBER OF THE STATE  POLICE
 OR OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPART-
 MENT  COMES  UPON AN INDIVIDUAL EXPERIENCING A MENTAL HEALTH, ALCOHOL OR
 SUBSTANCE USE CRISIS AND THE CIRCUMSTANCES UNDER THIS SECTION  HAVE  NOT
 BEEN MET, THE PROPER CRISIS RESPONSE TEAM SHALL BE NOTIFIED.
   §  11.  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.
   (A)  Any peace officer, when acting pursuant to [his] SUCH PEACE OFFI-
 CER'S special duties, or A 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]  EXPERIENCING A MENTAL HEALTH, ALCOHOL OR SUBSTANCE USE CRISIS
 IN THE FOLLOWING CIRCUMSTANCES:
   1. SUCH PERSON is conducting [himself] THEMSELVES 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  or  other  conduct  demonstrating  that he is dangerous to
 himself, or (2) a substantial] AN IMMINENT risk of SERIOUS 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] SUCH
 PERSON to any hospital specified in subdivision (a) of section  9.39  OF
 THIS  ARTICLE  or, COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED
 IN SUBDIVISION (A) OF SECTION 9.40 OF THIS  ARTICLE,  OR  pending  [his]
 THEIR  examination  or  admission  to any such hospital OR COMPREHENSIVE
 PSYCHIATRIC EMERGENCY PROGRAM, temporarily detain  any  such  person  in
 another  safe  and comfortable place, in which event, such officer shall
 immediately notify:
   (I) THE APPROPRIATE LOCAL CRISIS RESPONSE TEAM ESTABLISHED PURSUANT TO
 PARAGRAPH SIXTEEN OF SUBDIVISION (A) OF SECTION 41.03 OF  THIS  CHAPTER,
 IF ANY, AND the director of community services or, if there be none, the
 health officer of the city or county of such action[.];
   (II)  THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS A
 MEMBER HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY  A  CRISIS  RESPONSE
 TEAM  AS SET FORTH IN SUBDIVISION SIXTEEN OF SECTION 41.03 OF THIS CHAP-
 TER;
 S. 2398                            10

   (III) A CRISIS RESPONSE TEAM WHICH IS PRESENT ON THE  SCENE  WITH  THE
 OFFICER  IS  INCAPACITATED  OR OTHERWISE UNABLE TO COMMUNICATE A REQUEST
 THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL; OR
   2. SUCH PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
 RESULT  IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
 THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
   (I) NO CRISIS RESPONSE TEAM HAS BEEN ESTABLISHED IN THE  REGION  WHERE
 THE PERSON IS; OR
   (II)  THE  CRISIS  RESPONSE TEAM DID NOT ARRIVE TO THE PLACE WHERE THE
 PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY  TO  PREVENT  SUCH
 PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
   (B)  SUCH OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR REMOVE SUCH
 PERSON TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION  9.39  OF
 THIS  ARTICLE  OR,  PENDING  THEIR  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
 APPROPRIATE  EMERGENCY  AND CRISIS RESPONSE SERVICES AND THE DIRECTOR OF
 COMMUNITY SERVICES OR, IF THERE BE NONE, THE HEALTH OFFICER OF THE  CITY
 OR COUNTY OF SUCH ACTION.
   3.  IF  A  PEACE OFFICER, WHEN ACTING PURSUANT TO SUCH PEACE OFFICER'S
 SPECIAL DUTIES, OR A POLICE OFFICER WHO IS A MEMBER OF THE STATE  POLICE
 OR OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPART-
 MENT  COMES  UPON AN INDIVIDUAL EXPERIENCING A MENTAL HEALTH, ALCOHOL OR
 SUBSTANCE USE CRISIS AND THE CIRCUMSTANCES UNDER THIS SECTION  HAVE  NOT
 BEEN MET, THE PROPER CRISIS RESPONSE TEAM SHALL BE NOTIFIED.
   §  12.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that the amendments to subdivision
 (a) of section 9.41 of the mental hygiene law made  by  section  ten  of
 this  act  shall  be  subject  to  the  expiration and reversion of such
 section pursuant to section 21 of chapter 723 of the laws  of  1989,  as
 amended,  when  upon  such date the provisions of section eleven of this
 act shall take effect.  Effective immediately, the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.