S T A T E O F N E W Y O R K
________________________________________________________________________
1327
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. SIMON, FORREST, LEVENBERG -- Multi-Sponsored by
-- M. of A. CRUZ, GONZALEZ-ROJAS, LUPARDO, OTIS, ROSENTHAL -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to releasing
individuals charged with a crime under non-monetary bail conditions in
order to receive mental health screening or be admitted to a hospital
as a result of a mental illness which is likely to result in harm to
such individual or others; and to repeal subdivision 3-c of section
500.10 of the criminal procedure law relating to the release for
mental health assessment and evaluation and involuntary commitment
pending release
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3-c of section 500.10 of the criminal procedure
law is REPEALED.
§ 2. Paragraph (f) of subdivision 3-a of section 500.10 of the crimi-
nal procedure law, as amended by section 1 of subpart A of part VV of
chapter 56 of the laws of 2023, is amended to read as follows:
(f) that the principal be referred to a pretrial services agency for
placement in mandatory programming, including:
(I) counseling[,];
(II) treatment, including but not limited to [mental health and] chem-
ical dependence treatment[, and];
(III) intimate partner violence intervention programs[.]; AND
(IV) MENTAL HEALTH TREATMENT. THE COURT MAY EXPEDITIOUSLY EMPLOY
AVAILABLE RESOURCES FOR MENTAL HEALTH SCREENING INCLUDING BUT NOT LIMIT-
ED TO A MOBILE CRISIS RESPONSE PROVIDER OR SIMILAR ENTITY IN THE COURT-
HOUSE. WITH REGARD TO MENTAL HEALTH TREATMENT:
(1) Where applicable, the court may refer the principal to a crisis
stabilization center or direct that the principal be removed to a hospi-
tal pursuant to SUBDIVISIONS (A) AND (B) OF section 9.43 of the mental
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02681-01-5
A. 1327 2
hygiene law[;]. FOR PURPOSES OF THIS SUBPARAGRAPH, WHERE THE COURT
PROCEEDS PURSUANT TO SUBDIVISION (A) OF SECTION 9.43 OF THE MENTAL
HYGIENE LAW, THE COURT IS NOT REQUIRED TO AND SHALL NOT MAKE A DETERMI-
NATION WITH RESPECT TO WHETHER THE CRIME HAS BEEN COMMITTED OR WHETHER
THERE IS SUFFICIENT CAUSE TO BELIEVE THE PRINCIPAL IS GUILTY THEREOF.
(2) IF IT APPEARS TO THE COURT ON THE BASIS OF EVIDENCE PRESENTED TO
IT THAT THE PERSON HAS OR MAY HAVE A MENTAL ILLNESS WHICH IS LIKELY TO
RESULT IN SERIOUS HARM TO SUCH PERSON OR OTHERS, THE COURT MAY EITHER
(A) PERMIT THE PERSON TO PRESENT THEMSELF TO ANY HOSPITAL SPECIFIED IN
SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW OR ANY COMPRE-
HENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED IN SUBDIVISION (A) OF
SECTION 9.40 OF THE MENTAL HYGIENE LAW, FOR THE PERSON TO MAKE AN APPLI-
CATION FOR ADMISSION TO THE HOSPITAL AS A VOLUNTARY PATIENT PURSUANT TO
SECTION 9.13 OF THE MENTAL HYGIENE LAW; OR (B) ISSUE A CIVIL ORDER
DIRECTING THEIR REMOVAL TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF
SECTION 9.39 OF THE MENTAL HYGIENE LAW OR ANY COMPREHENSIVE PSYCHIATRIC
EMERGENCY PROGRAM SPECIFIED IN SUBDIVISION (A) OF SECTION 9.40 OF THE
MENTAL HYGIENE LAW, THAT IS WILLING TO RECEIVE SUCH PERSON FOR A DETER-
MINATION, BY THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM, WHETHER SUCH
PERSON SHOULD BE RETAINED THEREIN PURSUANT TO SECTION 9.39 OR SECTION
9.40 OF THE MENTAL HYGIENE LAW, AS APPROPRIATE.
(3) IF THE COURT ORDERS REMOVAL TO A HOSPITAL FOR IMMEDIATE PSYCHIAT-
RIC ASSESSMENT, THE PRINCIPAL MAY BE TAKEN BY AN ENTITY, INCLUDING BUT
NOT LIMITED TO, AN AMBULANCE SERVICE, AS DEFINED IN SUBDIVISION TWO OF
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, ANY PEACE OFFICER,
WHEN ACTING PURSUANT TO THEIR 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, TO ANY HOSPITAL SPECIFIED IN SUBDI-
VISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW OR ANY COMPREHEN-
SIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED IN SUBDIVISION (A) OF
SECTION 9.40 OF THE MENTAL HYGIENE LAW.
(4) DISCHARGE AND AFTERCARE PLANNING, INCLUDING SUPPORTIVE HOUSING
REFERRALS, SHALL BE PROVIDED CONSISTENT WITH FEDERAL AND STATE LAW,
INCLUDING BUT NOT LIMITED TO SUBDIVISION (G) OF SECTION 29.15 OF THE
MENTAL HYGIENE LAW AND TO THE EXTENT THAT IT HAS THE ABILITY TO, THE
HOSPITAL WILL TAKE APPROPRIATE STEPS SO THAT COMMUNITY PLACEMENT
SERVICES ARE PROVIDED CONSISTENT WITH FEDERAL AND STATE LAW. DISCHARGE
PLANNING SHALL BEGIN AT ADMISSION AND CONTINUE THROUGHOUT THE COURSE OF
THE PRINCIPAL'S HOSPITALIZATION UNTIL THE PRINCIPAL IS DISCHARGED.
(5) IF THE PRINCIPAL HAS MET THE DISCHARGE CRITERIA THEY SHALL BE
DISCHARGED AND OFFERED A CLINICALLY APPROPRIATE DISCHARGE PLAN IN
ACCORDANCE WITH, BUT NOT LIMITED TO SUBDIVISION (G) OF SECTION 29.15 OF
THE MENTAL HYGIENE LAW.
(6) IF THE PRINCIPAL IS A CHILD, THEN ANY ORDER FOR VOLUNTARY OR
INVOLUNTARY ASSESSMENT SHALL BE DONE IN ACCORDANCE WITH SECTION TWO
HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
(7) THE COURT CAN, AS A CONDITION OF RELEASE, ADJOURN TO A TREATMENT
COURT FOR THE POSSIBILITY OF EVALUATION.
(8) CONDITIONS OF RELEASE MAY NOT BE REVOKED SOLELY BASED ON NONCOM-
PLIANCE WITH TREATMENT OR CLINICALLY APPROPRIATE DISCHARGE PLAN OR
AFTERCARE PLAN;
§ 3. Paragraphs (i) and (j) of subdivision 3-a of section 500.10 of
the criminal procedure law, paragraph (i) as added and paragraph (j) as
amended by section 1 of part UU of chapter 56 of the laws of 2020, are
amended and a new paragraph (k) is added to read as follows:
A. 1327 3
(i) that the principal obey conditions set by the court addressed to
the safety of a victim of a family offense as defined in section 530.11
of this title including conditions that may be requested by or on behalf
of the victim; [and]
(j) that, when it is shown pursuant to paragraph (a) of subdivision
four of section 510.40 of this title that no other realistic non-mone-
tary condition or set of non-monetary conditions will suffice to reason-
ably assure the principal's return to court, the principal's location be
monitored with an approved electronic monitoring device, in accordance
with such subdivision four of section 510.40 of this title[.]; AND
(K) ANY CLINICAL RECORD OR CLINICAL INFORMATION PRODUCED AS A PART OF
THE ASSESSMENT, SERVICE OR TREATMENT PLANS REQUIRED PURSUANT TO SUBPARA-
GRAPH (IV) OF PARAGRAPH (F) OF THIS SUBDIVISION, OR ANY CLINICAL RECORD
OR CLINICAL INFORMATION USED OR PRODUCED IN A PROCEEDING CONDUCTED UNDER
SUBPARAGRAPH (IV) OF PARAGRAPH (F) OF THIS SUBDIVISION, SHALL BE CONSID-
ERED CONFIDENTIAL AND SHALL NOT BE CONSIDERED PART OF THE PUBLIC RECORD,
AND ACCESS TO SUCH RECORDS SHALL BE LIMITED IN ACCORDANCE WITH APPLICA-
BLE FEDERAL AND STATE PRIVACY LAWS. SUCH INFORMATION SHALL NOT BE USED
AS PART OF THE CRIMINAL PROCEEDING AND SHALL BE EXPUNGED UPON RESOLUTION
OF THE CASE.
§ 4. This act shall take effect immediately.