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A01826 Summary:

BILL NOA01826
 
SAME ASNo Same As
 
SPONSORJean-Pierre
 
COSPNSRLavine, Wallace
 
MLTSPNSR
 
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.
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A01826 Actions:

BILL NOA01826
 
01/23/2023referred to codes
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A01826 Memo:

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.
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A01826 Text:



 
                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.
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