S T A T E   O F   N E W   Y O R K
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                                  4402

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  AUBRY,  CUSICK,  SKARTADOS  -- read once and
  referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law, the state finance  law  and  the
  general  municipal  law,  in  relation to establishing a crisis inter-
  vention team program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  mental  hygiene  law  is amended by adding three new
sections 7.47, 7.48 and 7.49 to read as follows:
S 7.47 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
  (A) THE COMMISSIONER SHALL  ESTABLISH  A  CRISIS  INTERVENTION  DEMON-
STRATION  PROGRAM IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE
FOR THE PURPOSE OF ASSISTING LAW ENFORCEMENT OFFICERS IN  RESPONDING  TO
CRISIS SITUATIONS INVOLVING PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE
ABUSE PROBLEMS.
  (B) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
CRISIS  INTERVENTION TEAM TRAINING PROGRAM COORDINATOR WHO WILL SERVE AT
THE PLEASURE OF THE COMMISSIONER AND WHO SHALL WORK WITH  THE  NEW  YORK
POLICE DEPARTMENT AND ANY OTHER LAW ENFORCEMENT AGENCY IN THE STATE THAT
REQUESTS  ASSISTANCE  TO COORDINATE THE PROVISION OF CRISIS INTERVENTION
TEAM TRAINING TO ITS  FIRST  RESPONDERS  AS  A  PART  OF  A  SPECIALIZED
RESPONSE TEAM OR AS PART OF THE TRAINING FOR FIRST RESPONDERS.
  (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
  (I)  WORK  WITH COMMUNITIES TO DEVELOP PARTNERSHIPS, COORDINATE ACTIV-
ITIES AND PROMOTE COOPERATION  AND  COLLABORATION  BETWEEN  THE  OFFICE,
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, LAW ENFORCEMENT AGEN-
CIES,  DISABILITY SERVICE PROVIDERS AND PEOPLE WITH PSYCHIATRIC OR OTHER
DISABILITIES AND THEIR FAMILIES  TO  PROVIDE  CRISIS  INTERVENTION  TEAM
TRAINING;
  (II)  PROVIDE  COORDINATION  ACTIVITIES AND FUNDING SUPPORT FOR CRISIS
INTERVENTION TEAM TRAINING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07000-02-5
              

A. 4402                             2

  (III) PROVIDE SUPPORT, TRAINING AND COMMUNITY COORDINATION  TO  ENSURE
THAT  MENTAL  HEALTH SERVICE PROVIDERS IN THE COMMUNITY PROVIDE ALTERNA-
TIVES TO INCARCERATION;
  (IV)  THROUGH  FEDERAL  AND  PRIVATE  GRANTS,  GIFTS OR CONTRIBUTIONS,
PROVIDE FUNDING TO SUPPORT TRAINING AND COMMUNITY COORDINATION COSTS  AS
NECESSARY. ALL MONEYS SHALL BE DEPOSITED IN THE CRISIS INTERVENTION TEAM
TRAINING  FUND ESTABLISHED BY SECTION NINETY-NINE-W OF THE STATE FINANCE
LAW;
  (V) IN CONSULTATION WITH THE CRISIS  INTERVENTION  ADVISORY  COMMITTEE
ESTABLISHED  BY THIS ARTICLE, DISTRIBUTE CRISIS INTERVENTION TEAM TRAIN-
ING FUND MONEYS AS NEEDED FOR SUPPORT, TRAINING  AND  COMMUNITY  COORDI-
NATION COSTS; AND
  (VI)  SUBMIT  A  REPORT  TO  THE  GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY AND  THE  CRISIS  INTERVENTION  ADVISORY
COMMITTEE ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR THAT CONTAINS THE
FOLLOWING:
  (A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
INTERVENTION  TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF OFFICERS
THAT HAVE COMPLETED THE TRAINING;
  (B) A LIST OF COMMUNITIES IN THIS  STATE  THAT  HAVE  IMPLEMENTED  THE
CRISIS  INTERVENTION  TEAM TRAINING PROGRAM THROUGH TRAINING AND COORDI-
NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
PROGRAM;
  (C) RECOMMENDATIONS FOR IMPROVEMENT IN THE  COMMUNITY  BASED  PARTNER-
SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES;
  (D)  RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND PUBLIC
SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES; AND
  (E) A REVIEW OF ALL FUNDING RESOURCES  THAT  THE  CRISIS  INTERVENTION
TEAM  TRAINING PROGRAM COORDINATOR HAS APPLIED FOR TO INCREASE AVAILABLE
FUNDING, INCLUDING THE STATUS OF ALL FUNDING REQUESTS AND THE  TOTAL  OF
MONEYS RECEIVED YEAR TO DATE.
  (D) THE CRISIS INTERVENTION DEMONSTRATION PROGRAM SHALL END FIVE YEARS
AFTER ITS ENACTMENT DATE.
S 7.48 CRISIS INTERVENTION TEAM TRAINING PROGRAM ADVISORY COMMITTEE.
  (A)  THERE  IS  HEREBY ESTABLISHED A CRISIS INTERVENTION DEMONSTRATION
PROGRAM ADVISORY COMMITTEE.
  (B) THE COMMITTEE SHALL CONSIST OF:
  (1) THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON OF THE  COMMITTEE
AND WHO IS A NONVOTING MEMBER;
  (2)  THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR, WHO IS
A NONVOTING MEMBER;
  (3) ONE MEMBER APPOINTED BY THE COMMISSIONER  WHO  IS  A  CONSUMER  OF
MENTAL HEALTH SERVICES;
  (4) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS AN IMMEDIATE FAMI-
LY MEMBER OF A CONSUMER OF MENTAL HEALTH SERVICES;
  (5)  ONE  MEMBER APPOINTED BY THE COMMISSIONER WHO REPRESENTS A STATE-
WIDE ADVOCACY AGENCY THAT SERVES PERSONS WITH  MENTAL  DISABILITIES  AND
THEIR FAMILIES;
  (6)  ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS A PSYCHIATRIST OR
PSYCHOLOGIST LICENSED IN THE STATE;
  (7) ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM  AND
SUBSTANCE ABUSE SERVICES;
  (8)  ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES WHO REPRESENTS A  STATEWIDE  BEHAVIOR  ADVOCACY
GROUP, AGENCY OR ASSOCIATION;

A. 4402                             3

  (9)  ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES WHO IS EITHER A FAMILY MEMBER OR GUARDI-
AN OF A PERSON WITH A DEVELOPMENTAL DISABILITY;
  (10) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH  DEVELOPMENTAL  DISABILITIES  WHO  IS A PERSON WITH A DEVELOPMENTAL
DISABILITY;
  (11) ONE MEMBER RECOMMENDED BY THE NEW YORK CITY PEACE OFFICER BENEVO-
LENT ASSOCIATION WHO IS A CERTIFIED PEACE OFFICER;
  (12) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES WHO IS A LAW ENFORCEMENT OFFICER; AND
  (13) ONE MEMBER APPOINTED  BY  THE  NEW  YORK  POLICE  DEPARTMENT  WHO
REPRESENTS LAW ENFORCEMENT.
  (C) THE COMMITTEE SHALL:
  (1)  MEET AT LEAST TWO TIMES IN EACH FULL CALENDAR YEAR. THE COMMITTEE
SHALL MEET AT THE REQUEST OF ITS CHAIRPERSON; AND
  (2) REVIEW THE REPORT REQUIRED BY SECTION 7.47  OF  THIS  ARTICLE  AND
BASED  ON  THAT  REPORT  MAKE  RECOMMENDATIONS  TO  THE OFFICE OF MENTAL
HEALTH, THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  THE  NEW  YORK  POLICE DEPARTMENT, THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
  (D) COMMITTEE MEMBERS SHALL NOT BE COMPENSATED BUT  ARE  ELIGIBLE  FOR
REIMBURSEMENT OF REASONABLE EXPENSES.
S 7.49 CRISIS INTERVENTION TEAM TRAINING FUND GRANT PROGRAM.
  (A)  THE  COMMISSIONER  SHALL  ESTABLISH  THE CRISIS INTERVENTION TEAM
TRAINING FUND GRANT PROGRAM WHICH SHALL INCLUDE, BUT NOT BE LIMITED  TO,
PROVIDING FINANCIAL SUPPORT WHEN NECESSARY AND AS AVAILABLE FOR TRAINING
AND  COMMUNITY COORDINATION COSTS FOR THE IMPLEMENTATION OF THE NEW YORK
CRISIS INTERVENTION TEAM TRAINING PROGRAM TO LAW ENFORCEMENT AGENCIES AS
REQUESTED.
  (B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE FUND SHALL CONSIST OF
UP TO ONE MILLION DOLLARS  FROM  THE  STATE  FISCAL  YEAR  TWO  THOUSAND
SIXTEEN--SEVENTEEN APPROPRIATIONS.
  S  2. The state finance law is amended by adding a new section 99-w to
read as follows:
  S 99-W. CRISIS INTERVENTION TEAM TRAINING FUND.   1. THERE  IS  HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF  THE  OFFICE OF MENTAL HEALTH A FUND TO BE KNOWN AS THE CRISIS INTER-
VENTION TEAM TRAINING FUND.
  2. THE CRISIS INTERVENTION TEAM TRAINING FUND  SHALL  CONSIST  OF  ALL
MONEYS  RECEIVED  FROM  THE  FEDERAL  GOVERNMENT, PRIVATE GRANTS, GIFTS,
CONTRIBUTIONS AND DEVISES.
  3. ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION  SHALL
SUBMIT QUARTERLY REPORTS TO THE COMMISSIONER OF THE DEPARTMENT OF MENTAL
HEALTH  REGARDING  THE  USE AND EFFECTIVENESS OF THE DISTRIBUTED MONEYS.
THE COMMISSIONER OF THE DEPARTMENT OF  MENTAL  HEALTH  SHALL  INCLUDE  A
SUMMARY  OF  THE FUND ANALYSIS IN THE ANNUAL REPORT REQUIRED PURSUANT TO
SECTION 7.47 OF THE MENTAL HYGIENE LAW.
  S 3. The general municipal law is amended  by  adding  a  new  section
204-ff to read as follows:
  S  204-FF.  CRISIS INTERVENTION TEAMS. 1.  THE COMMISSIONER OF THE NEW
YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, IN  CONSULTATION  WITH
THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH
DEVELOPMENTAL  DISABILITIES AND OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, SHALL, FOR ALL LOCAL POLICE OFFICERS IN LAW ENFORCEMENT  UNITS

A. 4402                             4

OF  A  CITY  HAVING  A  POPULATION  OF ONE MILLION OR MORE AND ANY OTHER
ENFORCEMENT AGENCY THAT CHOOSES TO PARTICIPATE:
  (A)  ESTABLISH  CRITERIA  FOR  THE  DEVELOPMENT OF CRISIS INTERVENTION
TEAMS; AND
  (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A  TRAINING  PROGRAM
FOR  ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
ESTABLISHED PURSUANT TO THIS SECTION. THE  CURRICULUM  SHALL  INCLUDE  A
MINIMUM OF FORTY HOURS OF MANDATORY TRAINING IN MENTAL HEALTH ISSUES.
  2. THE GOALS OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL BE TO:
  (A) PROVIDE IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW ENFORCEMENT
OFFICERS;
  (B)  REDUCE  THE  AMOUNT  OF TIME POLICE OFFICERS SPEND OUT OF SERVICE
AWAITING ASSESSMENT AND DISPOSITION;
  (C) AFFORD PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE ABUSE PROBLEMS
A SENSE OF DIGNITY IN CRISIS SITUATIONS;
  (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
  (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
SUBSTANCE ABUSE PROBLEMS AND REFER THEM TO APPROPRIATE CARE;
  (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
MENTAL HEALTH AND/OR SUBSTANCE ABUSE CRISES BY PROVIDING  BETTER  ACCESS
TO TIMELY TREATMENT;
  (G)  PROVIDE  THERAPEUTIC  LOCATIONS OR PROTOCOL FOR OFFICERS TO BRING
INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT A  LAW  ENFORCEMENT  OR
JAIL FACILITY; AND
  (H)  DECREASE  INJURIES  TO  LAW  ENFORCEMENT  OFFICERS  DURING CRISIS
EVENTS.
  3. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION  AND  ASSISTANCE  TO
THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
  S  4.  Section  19.07 of the mental hygiene law is amended by adding a
new subdivision (l) to read as follows:
  (L) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE  SERVICES  SHALL,  IN
COLLABORATION  WITH  LAW  ENFORCEMENT  AND  THE  OFFICE OF MENTAL HEALTH
ESTABLISH CRITERIA FOR THE DEVELOPMENT OF CRISIS INTERVENTION TEAMS THAT
SHALL INCLUDE ASSESSMENT OF THE EFFECTIVENESS OF THE PLAN FOR  COMMUNITY
INVOLVEMENT, TRAINING AND THERAPEUTIC RESPONSE ALTERNATIVES AND A DETER-
MINATION  OF  WHETHER LAW ENFORCEMENT OFFICERS HAVE EFFECTIVE AGREEMENTS
WITH MENTAL HEALTH CARE PROVIDERS AND ALL OTHER COMMUNITY STAKEHOLDERS.
  S 5. This act shall take effect immediately.