Senate Bill S5233

2023-2024 Legislative Session

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants and establishes the pretrial mental health and substance abuse services bail fund

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5233 (ACTIVE) - Details

See Assembly Version of this Bill:
A1826
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§550.10 & 150.20, add §520.50, CP L; add §99-qq, St Fin L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7242, A9557
2021-2022: S198, A916

2023-S5233 (ACTIVE) - Summary

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

2023-S5233 (ACTIVE) - Sponsor Memo

2023-S5233 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced by Sens. THOMAS, FELDER, GOUNARDES, HARCKHAM, SKOUFIS -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02849-02-3
              

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