New York State Assembly

 
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A10239 Summary:

A10239 Actions:

A10239 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:05/25/2022AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/31/2022AYE/NAY:22/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Aye
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A10239 Floor Votes:

A10239 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10239--A
 
                   IN ASSEMBLY
 
                                      May 12, 2022
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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:
 
     1    Section 1. Subdivision 3-c of section 500.10 of the criminal procedure
     2  law is REPEALED.
     3    § 2. Paragraph (f) of subdivision 3-a of section 500.10 of the  crimi-
     4  nal procedure law, as added by section 1 of part UU of chapter 56 of the
     5  laws of 2020, is amended to read as follows:
     6    (f)  that  the principal be referred to a pretrial services agency for
     7  placement in mandatory programming, including:
     8    (i) counseling[,];
     9    (ii) treatment[, and];
    10    (iii) intimate partner violence intervention programs; and
    11    (iv) mental health treatment.   The  court  may  expeditiously  employ
    12  available resources for mental health screening including but not limit-
    13  ed  to a mobile crisis response provider or similar entity in the court-
    14  house.  With regard to mental health treatment:
    15    (1) Where applicable, the court may direct the principal be removed to
    16  a hospital or a crisis stabilization center pursuant to subdivisions (a)
    17  and (b) of section 9.43 of the mental hygiene law. For purposes of  this
    18  subparagraph,  where  the  court proceeds pursuant to subdivision (a) of
    19  section 9.43 of the mental hygiene law, the court is not required to and
    20  shall not make a determination with respect to  whether  the  crime  has
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15528-04-2
        A. 10239--A                         2
 
     1  been committed or whether there is sufficient cause to believe the prin-
     2  cipal is guilty thereof.
     3    (2)  If  it appears to the court on the basis of evidence presented to
     4  it that the person has or may have a mental illness which is  likely  to
     5  result  in  serious  harm to himself or herself or others, the court may
     6  either (A) permit the person to present himself or herself to any hospi-
     7  tal specified in subdivision (a) of section 9.39 of the  mental  hygiene
     8  law  or  any  comprehensive  psychiatric  emergency program specified in
     9  subdivision (a) of section 9.40 of  the  mental  hygiene  law,  for  the
    10  person  to make an application for admission to the hospital as a volun-
    11  tary patient pursuant to section 9.13 of the mental hygiene law; or  (B)
    12  issue a civil order directing their removal to any hospital specified in
    13  subdivision (a) of section 9.39 of the mental hygiene law or any compre-
    14  hensive  psychiatric  emergency  program specified in subdivision (a) of
    15  section 9.40 of the mental hygiene law, that is willing to receive  such
    16  person for a determination, by the director of such hospital or program,
    17  whether  such person should be retained therein pursuant to section 9.39
    18  or section 9.40 of the mental hygiene law, as appropriate.
    19    (3) If the court orders removal to a hospital for immediate  psychiat-
    20  ric  assessment,  the principal may be taken by an entity, including but
    21  not limited to, an ambulance service, as defined in subdivision  two  of
    22  section  three thousand one of the public health law, any peace officer,
    23  when acting pursuant to their special duties, or police officer who is a
    24  member of the state police or of  an  authorized  police  department  or
    25  force, or of a sheriff's department, to any hospital specified in subdi-
    26  vision  (a)  of section 9.39 of the mental hygiene law or any comprehen-
    27  sive psychiatric emergency  program  specified  in  subdivision  (a)  of
    28  section 9.40 of the mental hygiene law.
    29    (4)  Discharge  and  aftercare  planning, including supportive housing
    30  referrals, shall be provided consistent  with  federal  and  state  law,
    31  including  but  not  limited  to subdivision (g) of section 29.15 of the
    32  mental hygiene law and to the extent that it has  the  ability  to,  the
    33  hospital  will  take  appropriate  steps  so  that  community  placement
    34  services are provided consistent with federal and state  law.  Discharge
    35  planning  shall begin at admission and continue throughout the course of
    36  the principal's hospitalization until the principal is discharged.
    37    (5) If the principal has met the  discharge  criteria  they  shall  be
    38  discharged  and  offered  a  clinically  appropriate  discharge  plan in
    39  accordance with, but not limited to subdivision (g) of section 29.15  of
    40  the mental hygiene law.
    41    (6)  If  the  principal  is  a  child, then any order for voluntary or
    42  involuntary assessment shall be done  in  accordance  with  section  two
    43  hundred fifty-one of the family court act.
    44    (7)  The  court can, as a condition of release, adjourn to a treatment
    45  court for the possibility of evaluation.
    46    (8) Conditions of release may not be revoked solely based  on  noncom-
    47  pliance  with  treatment  or  clinically  appropriate  discharge plan or
    48  aftercare plan;
    49    § 3. Paragraphs (i) and (j) of subdivision 3-a of  section  500.10  of
    50  the  criminal procedure law, as added by section 1 of part UU of chapter
    51  56 of the laws of 2020, are amended and a new paragraph (k) is added  to
    52  read as follows:
    53    (i)  that  the principal obey conditions set by the court addressed to
    54  the safety of a victim of a family offense as defined in section  530.11
    55  of this title including conditions that may be requested by or on behalf
    56  of the victim; [and]
        A. 10239--A                         3
 
     1    (j)  that,  when  it is shown pursuant to paragraph (a) of subdivision
     2  four of section 510.40 of this title that no other  realistic  non-mone-
     3  tary condition or set of non-monetary conditions will suffice to reason-
     4  ably assure the principal's return to court, the principal's location be
     5  monitored  with  an approved electronic monitoring device, in accordance
     6  with such subdivision four of section 510.40 of this title[.]; and
     7    (k) any clinical record or clinical information produced as a part  of
     8  the assessment, service or treatment plans required pursuant to subpara-
     9  graph  (iv) of paragraph (f) of this subdivision, or any clinical record
    10  or clinical information used or produced in a proceeding conducted under
    11  subparagraph (iv) of paragraph (f) of this subdivision, shall be consid-
    12  ered confidential and shall not be considered part of the public record,
    13  and access to such records shall be limited in accordance with  applica-
    14  ble  federal  and state privacy laws. Such information shall not be used
    15  as part of the criminal proceeding and shall be expunged upon resolution
    16  of the case.
    17    § 4. This act shall take effect immediately.