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S09701 Summary:

BILL NOS09701
 
SAME ASNo Same As
 
SPONSORCLEARE
 
COSPNSR
 
MLTSPNSR
 
Add §150.85, CP L
 
Establishes a program to provide immediate assistance to persons to whom an appearance ticket has been issued in order to address the critical needs of such persons for housing, medical treatment, legal representation, and other requirements.
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S09701 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9701
 
                    IN SENATE
 
                                      April 2, 2026
                                       ___________
 
        Introduced  by  Sen.  CLEARE -- 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 enacting  the
          "rapid engagement initiative act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "rapid
     2  engagement initiative act".
     3    §  2.  The  criminal  procedure law is amended by adding a new section
     4  150.85 to read as follows:
     5  § 150.85 Rapid engagement initiative program.
     6    1. For the purposes of this section, the following definitions apply:
     7    (a) "Client" means an individual given a desk  appearance  ticket  who
     8  has elected to engage with a rapid engagement team.
     9    (b)  "Critical  services" means social services including, but are not
    10  limited to, health and mental health care, casework managers,  substance
    11  use  treatment,  benefits  application  assistance,  supportive, transi-
    12  tional, supportive housing, legal  services,  and  access  to  immediate
    13  needs  such  as  food,  clothing,  access  to  a  cell phone and hygiene
    14  products.
    15    (c) "Milestone program" means a program  that  uses  goal  achievement
    16  along a project timeline to track the progress of a client.
    17    (d) "Peer navigator" means a caseworker employed by a qualified social
    18  service  organization,  who is able to build trusting relationships with
    19  clients and potential clients, either drawing from shared experiences or
    20  having worked closely with vulnerable populations.
    21    (e) "Precinct" means the physical office location of the policing unit
    22  responsible for a designated geography of cities having a population  of
    23  over one million persons.
    24    (f)  "Problem  solving  court"  means a local criminal court formed to
    25  address a matter of special concern based upon the status of the defend-
    26  ant or the victim, including, but not limited to, drug  court,  domestic
    27  violence court, youth court, mental health court and veterans court.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06577-01-5

        S. 9701                             2
 
     1    (g)  "Program"  means  the  rapid engagement initiative program estab-
     2  lished by this section.
     3    (h)  "Qualified  social  service organization" means a not-for-profit,
     4  social service provider approved by the  division  of  criminal  justice
     5  services as provided in subdivision seven of this section.
     6    (i)  "Rapid  engagement  team"  means a team of caseworkers and social
     7  workers employed by a qualified social  service  organization,  who  are
     8  responsible  for  connecting  a client to necessary critical services as
     9  provided in subdivision six of this section.
    10    2. (a) The provisions of this section apply to a city having  a  popu-
    11  lation  of one million or more persons. The division of criminal justice
    12  services and the department of social services shall establish  a  rapid
    13  engagement  initiative program for the purpose of connecting individuals
    14  charged with certain crimes to  voluntary  supportive  services  shortly
    15  after contact with law enforcement. The program shall assess and provide
    16  services  to  individuals  to whom an appearance ticket has been issued.
    17  Participation in the program by the charged individual shall  be  volun-
    18  tary.
    19    (b) Each police precinct shall be assigned one or more peer navigators
    20  who  shall function as the contact person or persons between the police,
    21  the charged individual and the  qualified  social  service  organization
    22  assigned to the precinct. At least one peer navigator shall be available
    23  at all times in a police precinct.
    24    (c)  One  or  more  qualified  social  service  organizations shall be
    25  assigned to each police precinct. Staff from the organizations  must  be
    26  near  enough to the precinct to travel to the precinct within an hour. A
    27  qualified social service organization may be assigned to more  than  one
    28  precinct.  At  least  one  peer  navigator and one rapid engagement team
    29  shall be stationed at each qualified social service organization. A peer
    30  navigator and a rapid engagement team may also be stationed at a problem
    31  solving court.
    32    3. After the charged individual has been issued an appearance ticket:
    33    (a) If the individual is brought to the precinct, the arresting  offi-
    34  cer  shall  notify  the  precinct peer navigator of the potential client
    35  and, upon release of the individual, connect the individual directly  to
    36  the peer navigator.
    37    (b)  If  the  individual is not brought to the precinct, the arresting
    38  officer shall notify the peer navigator of  the  potential  client.  The
    39  peer  navigator may meet the potential client at the site of the arrest-
    40  ing officer and the potential client or may speak  with  them  over  the
    41  phone.  Should the potential client choose to engage with the peer navi-
    42  gator further, the precinct officer, with the consent of  the  potential
    43  client, may bring the potential client directly to the peer navigator at
    44  the  qualified  social  service  organization  or at the problem solving
    45  court if the individual is scheduled to be arraigned to a problem  solv-
    46  ing court.
    47    4.  (a) At the first meeting with a potential client, the peer naviga-
    48  tor shall ensure that the potential client knows that their conversation
    49  is voluntary. If the potential client chooses  to  continue  they  shall
    50  provide information to the individual about:
    51    (i)  the  court  process,  the  arraignment  hearing  process  and the
    52  arraignment date; and
    53    (ii) the services available to clients in the rapid engagement  initi-
    54  ative program.
    55    (b)  If  a  potential  client appears to be experiencing a physical or
    56  mental health crisis, the peer  navigator  shall  facilitate  connection

        S. 9701                             3
 
     1  with  critical  services necessary to address the individual's immediate
     2  needs.
     3    5.  (a)  If  a potential client elects to accept program services, the
     4  peer navigator will:
     5    (i) collect information about the client for use by the rapid  engage-
     6  ment  team, including but not limited to: current residential and postal
     7  address, current phone number,  current  email  address  and  any  other
     8  information  for  the  purpose  of  locating the client for future court
     9  appearances; and
    10    (ii) facilitate transition of the client to the rapid engagement team,
    11  either by directly walking the individual to the rapid  engagement  team
    12  site,  setting  an  appointment for the client with the rapid engagement
    13  team  at  the  designated  qualified  social  service  organization,  or
    14  connecting  the  client  to  the rapid engagement team over the phone or
    15  videoconference if in person connection is not available.
    16    (b) An appointment with the rapid engagement team shall  be  made  for
    17  the client immediately and shall be scheduled for a time occurring with-
    18  in twenty-four hours after receipt by the client of the appearance tick-
    19  et.  In  the  event that the client is in need of emergency services, an
    20  appointment with the rapid engagement team shall be made within  twenty-
    21  four hours of the client's release from emergency services or stabiliza-
    22  tion.
    23    (c) If a client will be arraigned at a problem solving court, the peer
    24  navigator  shall  connect  the client to a rapid engagement team at that
    25  problem solving court, otherwise the client may be connected to a  rapid
    26  engagement team at the designated qualified social service organization.
    27    6.  (a)  The  rapid engagement team shall conduct an assessment of the
    28  client's critical service needs,  including  but  not  limited  to,  the
    29  client's need for assistance in:
    30    (i) obtaining vital documents;
    31    (ii)  obtaining  permanent or emergency housing, or completing housing
    32  applications;
    33    (iii) applying for public assistance benefits;
    34    (iv) making connections with  medical,  dental  and/or  mental  health
    35  resources,  including,  inpatient  or outpatient substance use treatment
    36  and clinical groups;
    37    (v) making connections with legal counsel;
    38    (vi) enrolling in a high  school  equivalency  program  or  vocational
    39  training program, parenthood program, or financial literacy program; and
    40    (vii)  making connections to programs designed to meet immediate needs
    41  such as the need for food, clothing, access to a cell phone and  hygiene
    42  products.
    43    (b) Upon completion of the assessment, the rapid engagement team shall
    44  assist  the client in the process of obtaining appropriate and necessary
    45  services through existing programs offered through the qualified  social
    46  service  organization, another social service organization, the state or
    47  a municipality.
    48    (c) For each client who accepts services  from  the  rapid  engagement
    49  team, the team shall:
    50    (i)  in   collaboration  with  the  district attorney  for  the  court
    51  in which arraignment is to occur,  screen  clients  for  pre-arraignment
    52  diversion eligibility, if applicable;
    53    (ii)  design  a  milestone plan that meets the client's specific needs
    54  and tracks the client's needs and progress until the  client's  arraign-
    55  ment date;

        S. 9701                             4
 
     1    (iii)  inform  the  applicable  district  attorney, the client's legal
     2  counsel, the court and any other necessary party of the client's partic-
     3  ipation in the rapid engagement initiative program and provide a  letter
     4  to  the  applicable district attorney's office, the client's legal coun-
     5  sel,  the  court,  and any other necessary party of the client's partic-
     6  ipation in the rapid engagement initiative program, including the number
     7  of meaningful engagements a  client  has  had  since  their  arrest  and
     8  release from the precinct, at the time of a client's arraignment;
     9    (iv) facilitate the client's attendance at required court appearances,
    10  court-mandated   social  services  appointments  or  community  services
    11  appointments, and other community-based recovery support programs.
    12    7. (a) The department of criminal  justice  services,  in  conjunction
    13  with  the  department of social services, shall designate an appropriate
    14  number of qualified social service organizations to fulfill the require-
    15  ments of this section. In order to qualify for the program,  the  organ-
    16  ization shall:
    17    (i) have a proven track record of provision of effective services to a
    18  diverse set of clients;
    19    (ii)  have  in-house  services available or the ability to immediately
    20  refer clients to entities providing critical services;
    21    (iii) have community  partnerships  with  organizations  that  provide
    22  critical services that are immediately available for referrals;
    23    (iv)  have social workers and caseworkers on staff who have experience
    24  working with, and a demonstrated ability  to  address  the  needs  of  a
    25  diverse set of clients, including individuals living with chronic mental
    26  health  needs,  who  are  neuro-diverse,  or have criminal justice-based
    27  trauma;
    28    (v) be equipped to serve clients with limited-English language  profi-
    29  ciency; and
    30    (vi)  be  equipped  to  serve clients who are trauma survivors; women;
    31  non-binary; gender non-conforming; non-heteronormative; who have  intel-
    32  lectual and developmental disabilities, traumatic brain injuries, neuro-
    33  cognitive disabilities; or who have physical disabilities.
    34    (b)  Each  qualified  social  service  organization shall designate an
    35  appropriate number of employees to act as peer navigators and members of
    36  the rapid engagement team. To the extent feasible, employees  designated
    37  to  be  peer  navigators shall have duties dedicated exclusively to that
    38  purpose.
    39    8. The division of criminal justice services  shall  annually  collect
    40  and  publish  non-identifying data about the rapid engagement initiative
    41  program on its website, including but not limited to:
    42    (a) the number of individuals issued a desk appearance ticket at  each
    43  precinct;
    44    (b)  the  number  of  clients  at each precinct who engage with a peer
    45  navigator;
    46    (c) the number of clients at each precinct who  engage  with  a  rapid
    47  engagement team;
    48    (d)  the  number of clients at each precinct who are re-arrested prior
    49  to arraignment;
    50    (e) the number of clients at each precinct who are  re-arrested  after
    51  arraignment;
    52    (f)  the  number  of clients who have engaged pursuant to this section
    53  with a peer navigator, rapid engagement team, or both, and  appeared  or
    54  failed  to  appear  for any court dates or for whom a warrant was issued
    55  associated with the arrest; and

        S. 9701                             5
 
     1    (g) qualitative data from the experience of clients who have  received
     2  services through the program prior to arraignment.
     3    9.  An individual's choice not to accept services through the program,
     4  or to voluntarily discontinue services through the program, or inability
     5  to meet milestones set by a rapid engagement team will not result in any
     6  sanctions or negative implications at arraignment.
     7    § 2. Each problem solving court and precinct subject to the provisions
     8  of this act shall implement such  provisions  within  one  year  of  the
     9  effective  date  of  this act. Any problem solving court or precinct may
    10  apply to the department of criminal  justice  services  in  consultation
    11  with  the  department  of social services, for approval to implement the
    12  provisions of this act prior to the expiration of the year.
    13    § 3. This act shall take effect immediately.
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