NY State Senate Bill 2017-S3272A

Senate Bill S3272A

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	print number 3272a
Jun 06, 2018	amend and recommit to mental health and developmental disabilities
Jan 03, 2018	referred to mental health and developmental disabilities
Apr 26, 2017	reported and committed to finance
Mar 10, 2017	notice of committee consideration - requested
Jan 20, 2017	referred to mental health and developmental disabilities

Votes

- Apr 26, 2017 - Committee Vote
  S3272A
  
  5
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 26, 2017
      
      aye (5)
      
      Brooks
      
      Carlucci
      
      Hamilton
      
      Hannon
      
      Rivera
      
      nay (3)
      
      Felder
      
      Murphy
      
      Ortt
      
      aye wr (1)
      
      Serino
      
      excused (2)
      
      Bailey
      
      Krueger

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3272 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.51 & 7.53, amd §19.07, Ment Hyg L; add §99-ee, St Fin L; add §209-gg, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7449
2019-2020: S4218
2021-2022: S4748
2023-2024: S5875

2017-S3272 - Summary

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

2017-S3272 - Sponsor Memo

                                 BILL NUMBER:  S3272             REVISED 08/07/17

 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 State 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 alone 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
State 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 :

2016: S7449 - 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.

2017-S3272 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3272
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental 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:
 § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07522-01-7

 S. 3272                             2
 
   (2) PROVIDE COORDINATION ACTIVITIES AND  FUNDING  SUPPORT  FOR  CRISIS
 INTERVENTION TEAM TRAINING;
   (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-AA 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.
 § 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. 3272                             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.
 § 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.
   § 2. The state finance law is amended by adding a new section 99-aa to
 read as follows:
   § 99-AA. 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.
   § 3. The general municipal law is amended  by  adding  a  new  section
 209-ff to read as follows:
   §  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. 3272                             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.
   §  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.
   § 5. This act shall take effect immediately.

co-Sponsors

2017-S3272A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.51 & 7.53, amd §19.07, Ment Hyg L; add §99-ee, St Fin L; add §209-gg, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7449
2019-2020: S4218
2021-2022: S4748
2023-2024: S5875

2017-S3272A (ACTIVE) - Summary

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

2017-S3272A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3272A

SPONSOR: PARKER
 
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 inter-
vention team training fund

 
PURPOSE:

This legislation provides for the creation of demonstration crisis
intervention teams in New York State in order to increase the effective-
ness 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 inter-
vention teams.

 
JUSTIFICATION:

The NYPD alone 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 oner-
ous 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
State 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 Tennes-
see.

 
LEGISLATIVE HISTORY:

2016: S7449 - 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 unwar-
ranted 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.

2017-S3272A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3272--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities -- recommitted to the Committee  on  Mental
   Health  and  Developmental Disabilities in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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 two new
 sections 7.51 and 7.53 to read as follows:
 § 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 USE DISORDER.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07522-04-8

 S. 3272--A                          2
 
 DISABILITIES AND THEIR FAMILIES  TO  PROVIDE  CRISIS  INTERVENTION  TEAM
 TRAINING;
   (2)  PROVIDE  COORDINATION  ACTIVITIES  AND FUNDING SUPPORT FOR CRISIS
 INTERVENTION TEAM TRAINING;
   (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-EE 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.
 § 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;

 S. 3272--A                          3
 
   (8)  ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES WHO REPRESENTS A  STATEWIDE  BEHAVIOR  ADVOCACY
 GROUP, AGENCY OR ASSOCIATION;
   (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-GG 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.
   § 2. The state finance law is amended by adding a new section 99-ee to
 read as follows:
   §  99-EE.  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.
   §  3.  The  general  municipal  law is amended by adding a new section
 209-gg to read as follows:
   § 209-GG. 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:
   (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

 S. 3272--A                          4
 
 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 USE DISORDER A
 SENSE OF DIGNITY IN CRISIS SITUATIONS;
   (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
 SUBSTANCE USE DISORDER AND REFER THEM TO APPROPRIATE CARE;
   (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
 MENTAL HEALTH AND/OR SUBSTANCE USE 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.
   § 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.
   § 5. This act shall take effect immediately.

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Senate Bill S3272A

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Sponsored By

Kevin S. Parker

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

Bill Amendments

co-Sponsors

Leroy Comrie

2017-S3272 - Details

2017-S3272 - Summary

2017-S3272 - Sponsor Memo

2017-S3272 - Bill Text download pdf

co-Sponsors

Leroy Comrie

2017-S3272A (ACTIVE) - Details

2017-S3272A (ACTIVE) - Summary

2017-S3272A (ACTIVE) - Sponsor Memo

2017-S3272A (ACTIVE) - Bill Text download pdf

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