Amd §§550.10 & 150.20, add §520.50, CP L; add §99-qq, St Fin L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1826
SPONSOR: Jean-Pierre TITLE OF BILL:
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 estab-
lishing the pretrial mental health and substance abuse services bail
fund
PURPOSE:
To create a pretrial mental health and substance abuse evaluation for
individuals who are in crisis, as well as setting as a condition of
pretrial release a referral to mental health and substance abuse evalu-
ation and compliance with needed treatment a condition of pre-trial
release.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to Section 550.10 of the criminal
procedure law to allow a judge on application from an enumerated quali-
fying list of individuals to require a principal charged with a crime
not subject to bail to be referred for a mental health and/or substance
abuse evaluation in the county. This section also requires police to
make reasonable efforts to contact these enumerated individuals.
Further, if determined that the principal requires treatment the court
may order that compliance with such treatment shall be a condition of
release pending trial.
Section 2 adds a new section 520.50 to the criminal procedure law to
institute a bail surcharge to help pay for mental health and substance
abuse treatment. Specifically every cash bail or bail bond authorized
pursuant to subdivision one of section 520.10 of this article shall be
subject to a surcharge of 1%. All money collected shall be deposited in
the pretrial mental health and substance abuse services bail fund to
reimburse counties for pretrial mental health and substance abuse evalu-
ations and services.
Section 3 Adds two new subparagraphs (ix) and (x) to subdivision 1 of
section 150.20 of the criminal procedure law to add when it has been
reported to an officer by an enumerated qualifying list of individuals
that based on the observed behavior of the person in present contact
with the officer and facts regarding the person's condition indicate a
sign of distress to such degree that the person would face harm without
immediate medical or mental health care, that bringing the person before
the court would be in the persons' interest in ,addressing that need.
Section 4 adds a new section 99-ii to the state finance law to create
the pretrial mental health and substance abuse services bail fund..
This fund which is held in joint custody between Taxation and Finance
and the Comptroller is a special fund to consist of all revenue received
under section 520.50 of the criminal procedure law and all other funds
appropriates, credited, or transferred. Money can only be expended for
reimbursement to counties for expenses. incurred for pretrial mental
health and substance abuse evaluations pursuant to subdivision four of
section 550.10 of the criminal procedure law.
Section 5 is the effective date.
JUSTIFICATION:
When an individual suffering from mental health and or substance abuse
intersects with the criminal justice system, there exists the opportu-
nity to assist this individual in getting the treatment they need. The
mechanism created within this legislation will allow a judge discretion
to require mental health and or substance abuse evaluation and treatment
as part of their release pending trial. Requiring an individual to
undergo a mental health and/or substance abuse evaluation at the
discretion of a judge provides an incredible opportunity to address
underling mental health and substance abuse issues that are better
served being treated outside of our prisons and jails.
LEGISLATIVE HISTORY:
S.198-A/A.916-A of 2021-2022; Referred to Codes
S.7242/A.9557 of 2020; Referred to Senate Codes Committee
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.
STATE OF NEW YORK
________________________________________________________________________
1826
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 550.10 of the criminal procedure law is amended by
2 adding a new subdivision 4 to read as follows:
3 4. On application of: (a) the prosecution; (b) defense counsel; (c) a
4 family member of the principal; (d) any person eighteen years of age or
5 older with whom the principal resides; (e) the director of a hospital in
6 which the principal is hospitalized; (f) the director of any public or
7 charitable organization, agency or home providing mental health services
8 to the principal or in whose institution the principal resides; (g) a
9 qualified psychiatrist who is either supervising the treatment of or
10 treating the principal for a mental illness; (h) a psychologist,
11 licensed pursuant to article one hundred fifty-three of the education
12 law, or a social worker, licensed pursuant to article one hundred
13 fifty-four of the education law, who is treating the principal for a
14 mental illness; (i) the director of community services, or his or her
15 designee, or the social services official, as defined in the social
16 services law, of the city or county in which the principal is present or
17 reasonably believed to be present; or (j) a parole officer or probation
18 officer assigned to supervise the principal; a principal charged with a
19 crime not subject to bail shall be referred to the county in which the
20 crime was committed for a mental health and/or substance abuse evalu-
21 ation and if, after such evaluation, it is determined that the principal
22 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
1 the court may order that compliance with such treatment shall be a
2 condition of release pending trial. Police shall make reasonable efforts
3 to contact the individuals referenced in paragraphs (c), (d), (e), (f),
4 (g), (h), (i) and (j) of this subdivision in situations when police have
5 reason to believe that a principal is suffering from mental health or
6 substance abuse issues as covered by this subdivision.
7 § 2. The criminal procedure law is amended by adding a new section
8 520.50 to read as follows:
9 § 520.50 Bail surcharge; mental health and substance abuse.
10 Every cash bail or bail bond authorized pursuant to subdivision one of
11 section 520.10 of this article and imposed by the court pursuant to this
12 part shall be subject to a surcharge in the amount of one percent. All
13 monies collected from such surcharge shall be deposited in the pretrial
14 mental health and substance abuse services bail fund established pursu-
15 ant to section ninety-nine-qq of the state finance law to be used to
16 reimburse counties for pretrial mental health and substance abuse evalu-
17 ations and services required by subdivision four of section 550.10 of
18 this part.
19 § 3. Subparagraphs (viii), (x) and (xi) of paragraph (b) of subdivi-
20 sion 1 of section 150.20 of the criminal procedure law, subparagraph
21 (viii) as amended and subparagraphs (x) and (xi) as added by section 1
22 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
23 and a new subparagraph (xii) is added to read as follows:
24 (viii) it reasonably appears to the officer, based on the observed
25 behavior of the individual in the present contact with the officer and
26 facts regarding the person's condition that indicates a sign of distress
27 to such a degree that the person would face harm without immediate
28 medical or mental health care, that bringing the person before the court
29 would be in such person's interest in addressing that need; provided,
30 however, that before making the arrest, the officer shall make all
31 reasonable efforts to assist the person in securing appropriate
32 services; and shall also make all reasonable efforts to contact the
33 individuals referenced in subparagraph (xii) of this paragraph to inform
34 such individuals of the situation;
35 (x) the person is eighteen years of age or older and charged with a
36 hate crime as defined in section 485.05 of the penal law; [or]
37 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
38 subdivision four of section 510.10 of this chapter, or pursuant to para-
39 graph (t) of subdivision four of section 530.40 of this chapter[.] ; or
40 (xii) it has been reported to the officer by:
41 (A) any person eighteen years of age or older with whom the person
42 resides; or
43 (B) the parent, spouse, sibling eighteen years of age or older, or
44 child eighteen years of age or older of the person; or
45 (C) the director of a hospital in which the person is hospitalized; or
46 (D) the director of any public or charitable organization, agency or
47 home providing mental health services to the person or in whose institu-
48 tion the person resides; or
49 (E) a qualified psychiatrist who is either supervising the treatment
50 of or treating the person for a mental illness; or
51 (F) a psychologist, licensed pursuant to article one hundred fifty-
52 three of the education law, or a social worker, licensed pursuant to
53 article one hundred fifty-four of the education law, who is treating the
54 person for a mental illness; or
55 (G) the director of community services, or his or her designee, or the
56 social services official, as defined in the social services law, of the
A. 1826 3
1 city or county in which the person is present or reasonably believed to
2 be present; or
3 (H) a parole officer or probation officer assigned to supervise the
4 person.
5 § 4. The state finance law is amended by adding a new section 99-qq to
6 read as follows:
7 § 99-qq. Pretrial mental health and substance abuse services bail
8 fund. 1. There is hereby established in the joint custody of the commis-
9 sioner of taxation and finance and the state comptroller a special fund
10 to be known as the "pretrial mental health and substance abuse services
11 bail fund".
12 2. Such fund shall consist of all revenues received by the department
13 of taxation and finance pursuant to the provisions of section 520.50 of
14 the criminal procedure law, and all other moneys appropriated, credited,
15 or transferred thereto from any other fund or source pursuant to law.
16 Nothing contained herein shall prevent the state from receiving grants,
17 gifts, or bequests for the fund and depositing them into the fund
18 according to law.
19 3. Monies of the fund shall be expended only for reimbursement to
20 counties for expenses incurred by such counties for pretrial mental
21 health and/or substance abuse evaluations and treatment required pursu-
22 ant to subdivision four of section 550.10 of the criminal procedure law.
23 4. Monies shall be payable from the fund on the audit and warrant of
24 the comptroller on vouchers approved and certified by the commissioner
25 of taxation and finance.
26 § 5. This act shall take effect on the sixtieth day after it shall
27 have become a law.
