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.
STATE OF NEW YORK
________________________________________________________________________
5233
2023-2024 Regular Sessions
IN SENATE
February 27, 2023
___________
Introduced by Sens. THOMAS, FELDER, GOUNARDES, HARCKHAM, SKOUFIS -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02849-02-3
S. 5233 2
1 requires treatment for such mental health diagnosis or substance abuse,
2 the court may order that compliance with such treatment shall be a
3 condition of release pending trial. Police shall make reasonable efforts
4 to contact the individuals referenced in paragraphs (c), (d), (e), (f),
5 (g), (h), (i) and (j) of this subdivision in situations when police have
6 reason to believe that a principal is suffering from mental health or
7 substance abuse issues as covered by this subdivision.
8 § 2. The criminal procedure law is amended by adding a new section
9 520.50 to read as follows:
10 § 520.50 Bail surcharge; mental health and substance abuse.
11 Every cash bail or bail bond authorized pursuant to subdivision one of
12 section 520.10 of this article and imposed by the court pursuant to this
13 part shall be subject to a surcharge in the amount of one percent. All
14 monies collected from such surcharge shall be deposited in the pretrial
15 mental health and substance abuse services bail fund established pursu-
16 ant to section ninety-nine-qq of the state finance law to be used to
17 reimburse counties for pretrial mental health and substance abuse evalu-
18 ations and services required by subdivision four of section 550.10 of
19 this part.
20 § 3. Subparagraphs (viii), (x) and (xi) of paragraph (b) of subdivi-
21 sion 1 of section 150.20 of the criminal procedure law, subparagraph
22 (viii) as amended and subparagraphs (x) and (xi) as added by section 1
23 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
24 and a new subparagraph (xii) is added to read as follows:
25 (viii) it reasonably appears to the officer, based on the observed
26 behavior of the individual in the present contact with the officer and
27 facts regarding the person's condition that indicates a sign of distress
28 to such a degree that the person would face harm without immediate
29 medical or mental health care, that bringing the person before the court
30 would be in such person's interest in addressing that need; provided,
31 however, that before making the arrest, the officer shall make all
32 reasonable efforts to assist the person in securing appropriate
33 services; and shall also make all reasonable efforts to contact the
34 individuals referenced in subparagraph (xii) of this paragraph to inform
35 such individuals of the situation;
36 (x) the person is eighteen years of age or older and charged with a
37 hate crime as defined in section 485.05 of the penal law; [or]
38 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
39 subdivision four of section 510.10 of this chapter, or pursuant to para-
40 graph (t) of subdivision four of section 530.40 of this chapter[.] ; or
41 (xii) it has been reported to the officer by:
42 (A) any person eighteen years of age or older with whom the person
43 resides; or
44 (B) the parent, spouse, sibling eighteen years of age or older, or
45 child eighteen years of age or older of the person; or
46 (C) the director of a hospital in which the person is hospitalized; or
47 (D) the director of any public or charitable organization, agency or
48 home providing mental health services to the person or in whose institu-
49 tion the person resides; or
50 (E) a qualified psychiatrist who is either supervising the treatment
51 of or treating the person for a mental illness; or
52 (F) a psychologist, licensed pursuant to article one hundred fifty-
53 three of the education law, or a social worker, licensed pursuant to
54 article one hundred fifty-four of the education law, who is treating the
55 person for a mental illness; or
S. 5233 3
1 (G) the director of community services, or his or her designee, or the
2 social services official, as defined in the social services law, of the
3 city or county in which the person is present or reasonably believed to
4 be present; or
5 (H) a parole officer or probation officer assigned to supervise the
6 person.
7 § 4. The state finance law is amended by adding a new section 99-qq to
8 read as follows:
9 § 99-qq. Pretrial mental health and substance abuse services bail
10 fund. 1. There is hereby established in the joint custody of the commis-
11 sioner of taxation and finance and the state comptroller a special fund
12 to be known as the "pretrial mental health and substance abuse services
13 bail fund".
14 2. Such fund shall consist of all revenues received by the department
15 of taxation and finance pursuant to the provisions of section 520.50 of
16 the criminal procedure law, and all other moneys appropriated, credited,
17 or transferred thereto from any other fund or source pursuant to law.
18 Nothing contained herein shall prevent the state from receiving grants,
19 gifts, or bequests for the fund and depositing them into the fund
20 according to law.
21 3. Monies of the fund shall be expended only for reimbursement to
22 counties for expenses incurred by such counties for pretrial mental
23 health and/or substance abuse evaluations and treatment required pursu-
24 ant to subdivision four of section 550.10 of the criminal procedure law.
25 4. Monies shall be payable from the fund on the audit and warrant of
26 the comptroller on vouchers approved and certified by the commissioner
27 of taxation and finance.
28 § 5. This act shall take effect on the sixtieth day after it shall
29 have become a law.
