NY State Senate Bill 2015-S7449

Senate Bill S7449

2015-2016 Legislative Session

Establishes a state crisis intervention demonstration program and a crisis intervention team training fund

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2016	referred to mental health and developmental disabilities

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2015-S7449 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.51, 7.53 & 7.55, amd §19.07, Ment Hyg L; add §99-z, St Fin L; add §209-ff, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3272
2019-2020: S4218
2021-2022: S4748
2023-2024: S5875

2015-S7449 (ACTIVE) - Summary

Establishes a state crisis intervention demonstration program and a crisis intervention team training fund.

2015-S7449 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7449

 TITLE OF BILL :

An act to amend the mental hygiene law, the state finance law and the
general municipal law, in relation to establishing a state crisis
intervention demonstration program and a crisis intervention team
training fund

 PURPOSE :

This legislation provides for the creation of demonstration crisis
intervention teams in New York City in order to increase the
effectiveness of first responders to emotionally distressed citizen
situations and reduce police initiated casualties.

 SUMMARY OF PROVISIONS :

Section 1: Amends the mental hygiene law by adding three new sections
7.51, 7.53 and 7.55 to create the crisis intervention program, the
crisis intervention team training program advisory committee and the
crisis intervention team training fund grant program.

Section 2: Amends the state finance law by adding a new section 99-w
to create the crisis team training fund.

Section 3: Amends the general municipal law by adding a new section
204-ff to establish the criteria and goals for a crisis intervention
team.

Section 4: Amends section 19.07 of the mental hygiene law by adding a
new subdivision (1) to provide for the collaboration of the office of
alcoholism and substance abuse services, office of mental health and
law enforcement to establish criteria for the development of crisis
intervention teams.

 JUSTIFICATION :

The NYPD receives approximately 100,000 calls a year that are related
to an "emotionally disturbed person". Often times that person is
suffering with mental health issues, or substance abuse problems, or
both that require clinical intervention rather than enforcement that
may result in unwarranted arrests, injuries, and fatalities.

Data for the year 2012 indicates that civil suits against the NYPD
have doubled in the past decade. By the end of that year over 9,500
lawsuits totaling more than $1 billion had been filed against the
NYPD, an onerous burden on taxpayers. Additionally, during the last
months of 2013 suits were filed totaling over $50 million related to
three deaths related to lethal actions by police involving the
emotionally impaired.

The creation of a crisis intervention team response model in New York
City would provide law-enforcement personnel with the special training
necessary to respond to individuals experiencing erratic emotional
events from a clinical rather than criminal perspective.  Treating
these calls less as a threat to public safety and more as a
possibility to help a New Yorker in crisis, would provide a pathway to
handle the initial calls with the tools necessary to defuse the
confrontation and appropriately address the situation.

Forty-five states and 2,500 cities have adopted crisis intervention
programs wherein law enforcement engaged in 40-80 hour training. The
results have included a significant reduction in violence, improved
community relations and a reduction in injuries to both law
enforcement and the emotionally impaired which in the past had easily
become highly volatile and dangerous to both parties. Major cities
such as Los Angeles and Chicago have adopted the successful Memphis
Model adopted in Tennessee.

 LEGISLATIVE HISTORY :

2013-14: S.6365 referred to mental health and developmental
disabilities

 FISCAL IMPLICATIONS :

This bill will have a substantial positive fiscal impact on the City
of New York by reducing the legal and settlement costs related to
unwarranted lethal force against the emotionally impaired. Up to 1
million dollars from the general fund will be used to establish the
program.

 EFFECTIVE DATE :
This act shall take effect immediately and sunset 5 years from the
date of enactment.

2015-S7449 (ACTIVE) - Bill Text download pdf

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

                                  7449

                            I N  S E N A T E

                               May 3, 2016
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, the state finance  law  and  the
  general  municipal  law,  in  relation  to establishing a state crisis
  intervention demonstration program  and  a  crisis  intervention  team
  training fund

  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 7.51, 7.53 and 7.55 to read as follows:
S 7.51 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
  (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A CRISIS INTERVENTION DEMON-
STRATION PROGRAM IN THE STATE OF NEW YORK 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 MUNICIPAL
POLICE DEPARTMENTS AND ANY OTHER LAW ENFORCEMENT  AGENCY  IN  THE  STATE
THAT  REQUESTS  ASSISTANCE  TO COORDINATE THE PROVISION OF CRISIS INTER-
VENTION TEAM TRAINING TO ITS FIRST RESPONDERS AS A PART OF A SPECIALIZED
RESPONSE TEAM OR AS PART OF TRAINING FOR FIRST RESPONDERS.
  (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
  (1) WORK WITH COMMUNITIES TO DEVELOP PARTNERSHIPS,  COORDINATE  ACTIV-
ITIES  AND PROMOTE COOPERATION AND COLLABORATION BETWEEN THE OFFICE, THE
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;
  (2) 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.
                                                           LBD15169-01-6

S. 7449                             2

  (3)  PROVIDE  SUPPORT,  TRAINING  AND COMMUNITY COORDINATION TO ENSURE
THAT MENTAL HEALTH SERVICE PROVIDERS IN THE COMMUNITY  PROVIDE  ALTERNA-
TIVES TO INCARCERATION;
  (4)  THROUGH  FEDERAL  AND  PRIVATE GRANTS, 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-Z OF THE STATE FINANCE LAW;
  (5)  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
  (6) 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.
  (D) THE DEMONSTRATION PROGRAM ESTABLISHED  PURSUANT  TO  THIS  SECTION
SHALL END FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
S 7.53 CRISIS INTERVENTION ADVISORY COMMITTEE.
  (A) THERE IS HEREBY ESTABLISHED A CRISIS INTERVENTION ADVISORY COMMIT-
TEE.
  (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;

S. 7449                             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 APPOINTED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES UPON THE  RECOMMENDATION  OF  A  STATE  BENEVOLENT
ASSOCIATION  REPRESENTING  PEACE OFFICERS WHO IS A CERTIFIED PEACE OFFI-
CER;
  (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 OF A POLICE DEPARTMENT APPOINTED BY EACH  COUNTY  THAT
HAS  A  CRISIS  INTERVENTION  TEAM  ESTABLISHED  PURSUANT TO SECTION TWO
HUNDRED NINE-FF OF THE GENERAL MUNICIPAL LAW.
  (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 7.51 OF THIS ARTICLE AND
BASED ON THAT REPORT  MAKE  RECOMMENDATIONS  TO  THE  OFFICE  OF  MENTAL
HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, MUNICIPAL POLICE DEPARTMENTS, 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 7.55 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 CRISIS INTER-
VENTION TEAM TRAINING 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 GENERAL FUND.
  S 2. The state finance law is amended by adding a new section 99-z  to
read as follows:
  S  99-Z.  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 AND PRIVATE GRANTS.
  3. ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION  SHALL
SUBMIT  QUARTERLY  REPORTS  TO  THE COMMISSIONER OF THE OFFICE OF MENTAL
HEALTH REGARDING THE USE AND EFFECTIVENESS OF  THE  DISTRIBUTED  MONEYS.
THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH SHALL INCLUDE A SUMMARY
OF THE FUND ANALYSIS IN THE ANNUAL REPORT REQUIRED PURSUANT  TO  SECTION
7.51 OF THE MENTAL HYGIENE LAW.
  S  3.  The  general  municipal  law is amended by adding a new section
209-ff to read as follows:
  S 209-FF. CRISIS INTERVENTION TEAMS. 1. THE COMMISSIONER OF THE  DIVI-
SION  OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH THE COMMISSION-
ERS 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 DEPARTMENTS AND ANY OTHER ENFORCEMENT AGENCY
THAT CHOOSES TO PARTICIPATE:

S. 7449                             4

  (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 PROTOCOLS 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 DIVISION OF CRIMINAL JUSTICE SERVICES 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.

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Senate Bill S7449

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Sponsored By

Kevin S. Parker